ddrg/super_eurlex huggingface dataset:
Keywords

Subject of the case

Operative part



Keywords

Applications for interim measures – Interim measures – Conditions for granting – Urgency – ‘Prima facie case’ – Cumulative conditions (Art. 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 23-24)

2. Applications for interim measures – Conditions of admissibility – Admissibility of main application – Irrelevance – Limits (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(1), second subpara.) (see para. 27)

3. Actions for annulment – Jurisdiction of the Community Courts (Art. 230 EC) (see paras 37-38)

Subject of the case

Re:

APPLICATION for interim measures seeking to obtain, first, a provisional declaration that the award of a seat in the European Parliament to its current holder is invalid, and second, a provisional award of that seat to the applicant.

Operative part

Operative part

The Court:

1. Dismisses the application for interim measures;

2. Reserves the costs.
Keywords

Subject of the case

Operative part



Keywords

Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Prima facie case – Urgency – Cumulative nature – Balancing of all the interests involved (Arts 225(1) EC, 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 18-20)

2. Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Urgency – Serious and irreparable damage (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 23-24, 46-50, 62)

3. Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Serious and irreparable damage – Commission decision ordering recovery of State aid (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 67-68)

4. Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Balancing of all the interests involved – Decision on State aid (Arts 88(2) EC and 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2); Council Regulation No 659/1999, Art. 7) (see paras 75-76)

Subject of the case

Re:

APPLICATION for suspension of operation of Commission Decision C(2007) 5087 final of 23 October 2007 in Case No C 23/2006 (ex NN 35/2006) concerning State aid granted by Poland to the steel producer Grupa Technologie Buczek.

Operative part

Operative part

The Court:

1. Dismisses the application;

2. Reserves the costs.
Keywords

Subject of the case

Operative part



Keywords

Applications for interim measures – Conditions of admissibility – Prima facie admissibility of the main action (Arts 230 EC, 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(1); Council Directive 91/414; Commission Decision 2007/415) (see paras 46-47, 49, 60-61, 65)

2. Applications for interim measures – Conditions of admissibility – Application – Formal requirements (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2) and (3)) (see paras 66-67)

3. Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Urgency – Serious and irreparable damage (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 98-101, 103, 114)

Subject of the case

Re:

APPLICATION for suspension of the operation of Commission Decision 2007/415/EC of 13 June 2007, concerning the non-inclusion of carbosulfan in Annex I to Council Directive 91/414/EEC and the withdrawal of authorisations for plant protection products containing that substance (OJ 2007 L 156, p. 28) pending the full resolution of the dispute in the main proceedings.

Operative part

Operative part

The Court:

1. Dismisses the application for interim measures;

2. Reserves the costs.
Keywords

Subject of the case

Operative part



Keywords

Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them – Whether directly concerned – Criteria (Art. 230, fourth para., EC; European Parliament and Council Directive No 2003/87, Arts 9(1) and (3) and 11(2)) (see paras 22, 28, 44-45)

2. Environment – Atmospheric pollution – Directive 2003/87 – National allocation plan for the allocation of greenhouse gas emission allowances (NAP) – NAP notification procedure (Arts 175 EC and 176 EC; European Parliament and Council Directive No 2003/87, Arts 9(3) and 11(1) and (2)) (see paras 32-39)

Subject of the case

Re:

APPLICATION for annulment of Commission Decision C(2007) 1295 final of 26 March 2007 concerning the national allocation plan for the allocation of greenhouse gas emission allowances notified by the Republic of Poland for the period from 2008 to 2012 in accordance with Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (OJ 2003 L 275, p. 32).

Operative part

Operative part

The Court:

1. Dismisses the action as inadmissible;

2. Orders Grupa Ożarów S.A. to bear its own costs and pay those incurred by the Commission
Keywords

Subject of the case

Operative part



Keywords

Actions for annulment

–

Natural or legal persons

–

Measures of direct and individual concern to them (Art. 230, fourth para., EC; Council Regulation No 2371/2002; Commission Regulation No 147/2007) (see paras 34-50

)

Subject of the case

Re:

ACTION for annulment of Commission Regulation (EC) No 147/2007 of 15 February 2007 adapting certain fish quotas from 2007 to 2012 pursuant to Article 23(4) of Council Regulation (EC) No 2371/2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (OJ 2007 L 46, p. 10).

Operative part

Operative part

The Court:

1. Dismisses the action as inadmissible;

2. Orders the applicants, Atlantic Dawn Ltd and Others, to bear their own costs and pay those incurred by the Commission;

3. Orders the Kingdom of Spain to bear its own costs.
Keywords

Subject of the case

Operative part



Keywords

Actions for failure to act

–

Natural or legal persons

–

Actionable omissions

–

Failure of the Commission to adopt a position on the problem of the risks linked to subterranean storage of carbon dioxide and its escape (Art. 232, third para., EC) (see paras 22-30

)

Subject of the case

Re:

ACTION for a declaration that the Commission unlawfully failed to act by: (1) failing to adopt a position concerning the risks for the population of the European Union from the subterranean storage of carbon dioxide and its escape from geological formations towards the earth’s surface; and (2) failing to take effective measures for the protection of the population and the environment.

Operative part

Operative part:

1. The action is dismissed.

2. The Scientific and Technological Committee of AGH University of Science and Technology, the Europejskie Stowarzyszenie Ochrony Środowiska, the Przedsiębiorstwo Usług Geologiczno – Wiertniczych Chemkop-Geowiert sp. z o.o., the Stowarzyszenie Obrony Środowiska, the Fundacja Partnerstwo dla Środowiska, the Niezależne Forum Ochrony Biosfery Ziemi, Mr Jan Adamczyk and Mr Emanuel Lipartowski are ordered to pay the costs.
Keywords



Keywords

Non-contractual liability

–

Conditions

–

Sufficiently serious breach of a rule conferring rights on individuals (Arts 235 EC and 288, para. 2, EC) (see paras 18, 22

)
Keywords

Subject of the case

Operative part



Keywords

Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Prima facie case – Urgency – Serious and irreparable damage – Cumulative nature – Balancing of all the interests involved – Order of examination and method of verification – Discretion of the court hearing the application for interim relief (Arts 256(1) TFEU, 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 17-20)

2. Application for interim measures – Suspension of operation of a measure – Conditions for granting – Urgency – Serious and irreparable damage – Burden of proof – Financial loss – Situation which could jeopardise the existence of the applicant company – Assessment having regard to the situation of the group to which the company belongs – Public interest in the implementation of decisions adopted by EU institutions outweighing the personal interest of shareholders in the applicant company (Art. 278 TFEU) (see paras 23-24, 32-34)

3. Application for interim measures – Conditions for admissibility – Application – Formal requirements – Statement of the pleas in law establishing a prima facie case for granting the measures sought (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 104(2)) (see paras 25-26)

4. Application for interim measures – Suspension of operation of a measure – Conditions for granting – Urgency – Serious and irreparable damage – Exceptional circumstances – Taking account of the financial situation of the group to which the applicant company belongs – Assessment on a case-by-case basis – Situation of full economic control within a group – Effect (Art. 278 TFEU) (see paras 37-40, 43-44)

5. Application for interim measures – Suspension of operation of a measure – Conditions for granting – Serious and irreparable damage – Financial loss – Loss capable of being subsequently remedied by means of an action for compensation – Damage which cannot be regarded as irreparable (Arts 268 TFEU, 278 TFEU and 340 TFEU) (see para. 49)

6. Application for interim measures – Suspension of operation of a measure – Conditions for granting – Serious and irreparable damage – Assessment of the seriousness of the damage by the court hearing the application of interim measures – No breach of the right to an effective court action – No breach of the right to a fair legal process (Art. 278 TFEU) (see paras 54-58)

Subject of the case

Re:

APPLICATION for suspension of operation of Commission Decision 2007/375/EC of 7 February 2007 concerning the exemption from excise duty on mineral oils used as fuel for alumina production in Gardanne, in the Shannon region and in Sardinia implemented by France, Ireland and Italy respectively (C 78/2001 (ex NN 22/01), C 79/2001 (ex NN 23/01), C 80/2001 (ex NN 26/01)) (OJ 2007 L 147, p. 29), in so far as it concerns the applicant.

Operative part

Operative part

1. The application for interim measures is dismissed.

2. Costs are reserved.
ORDER OF THE COURT OF FIRST INSTANCE (Appeal Chamber)

10 March 2008

Case T-233/07 P

Maddalena Lebedef-Caponi

v

Commission of the European Communities

(Appeal – Civil service – Officials – Career development report – 2004 appraisal period – Appeal manifestly inadmissible)

Application: Appeal brought against the judgment of the European Union Civil Service Tribunal (Third Chamber) of 25 April 2007 in Case F-71/06 Lebedef-Caponi v Commission [2007] ECR-SC I-A-0000 and II-0000, seeking annulment of that judgment.

Held: The appeal is dismissed. Mrs Maddalena Lebedef-Caponi is ordered to pay her own costs and those incurred by the Commission.

Summary

1. Appeals – Pleas in law – Mere repetition of the pleas and arguments raised before the Civil Service Tribunal – Inadmissibility

(Art. 225a EC; Statute of the Court of Justice, Annex I, Art. 11(1); Rules of Procedure of the Court of First Instance, Art. 138(1), first subpara., under (c))

2. Appeals – Pleas in law – Mistaken assessment of the facts – Inadmissibility

(Art. 225a EC; Statute of the Court of Justice, Annex I, Art. 11(1); Rules of Procedure of the Court of First Instance, Art. 138(1), first subpara., under (c))
Order of the President of the Court of First Instance of 11 December 2007 – FMC Chemical and Others v Commission

(Case T-350/07 R)

Application for interim relief – Directive 91/414/EEC – Application for suspension of operation of a measure – Admissibility – No urgency

1. Applications for interim measures – Conditions of admissibility – Prima facie admissibility of the main action (Arts 230 EC, 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(1); Council Directive 91/414; Commission Decision 2007/416) (see paras 47-48, 50, 61-62, 67)

2. Applications for interim measures – Conditions of admissibility – Application – Formal requirements (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2) and (3)) (see paras 68-69)

3. Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Urgency – Serious and irreparable damage (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 109-112, 114, 118)

Re:

APPLICATION for suspension of the operation of Commission Decision 2007/416/EC of 13 June 2007, concerning the non-inclusion of carbofuran in Annex I to Council Directive 91/414/EEC and the withdrawal of authorisations for plant protection products containing that substance (OJ 2007 L 156, p. 30) pending the full resolution of the dispute in the main proceedings.

Operative part

The Court:

1. Dismisses the application for interim measures;
Order of the Court of First Instance (Second Chamber) of 23 September 2008 – Lafarge Cement v Commission

(Case T-195/07)

Action for annulment – Directive 2003/87/EC – Scheme for greenhouse gas emission allowance trading – National allocation plan in respect of emission allowances for Poland for the period from 2008 to 2012 – Decision by the Commission not to raise objections subject to certain conditions – Competence of Member States in the individual allocation of emission allowances – Lack of direct concern – Inadmissibility

1. Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them – Whether directly concerned – Criteria (Art. 230, fourth para., EC; European Parliament and Council Directive No 2003/87, Arts 9(1) and (3) and 11(2)) (see paras 22, 28, 44-45)

2. Environment – Atmospheric pollution – Directive 2003/87 – National allocation plan for the allocation of greenhouse gas emission allowances (NAP) – NAP notification procedure (Arts 175 EC and 176 EC; European Parliament and Council Directive No 2003/87, Arts 9(3) and 11(1) and (2)) (see paras 32-39)

Re:

APPLICATION for annulment of Commission Decision C(2007) 1295 final of 26 March 2007 concerning the national allocation plan for the allocation of greenhouse gas emission allowances notified by the Republic of Poland for the period from 2008 to 2012 in accordance with Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (OJ 2003 L 275, p. 32).

Operative part

The Court:

1. Dismisses the action as inadmissible;
Order of the Court of First Instance (Eighth Chamber) of 2 June 2008 – WWF‑UK v Council

(Case T-91/07)

Action for annulment – Regulation (EC) No 41/2007 – Recovery of cod stocks – Setting of the TACs for 2007 – Measure of general application – Not affected individually – Inadmissibility

1. Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them – Regulation fixing for 2007 the total allowable catches for cod fishing in the areas covered by the regulation establishing measures for the recovery of cod stocks (Art. 230, fourth para., EC; Council Regulations Nos 423/2004 and 41/2007) (see paras 64-79)

2. Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them – Regulation fixing for 2007 the total allowable catches for cod fishing in the areas covered by the regulation establishing measures for the recovery of cod stocks (Art. 230, fourth para., EC; European Parliament and Council Regulation No 1367/2006; Council Regulations Nos 423/2004 and 41/2007; Council Decision 2005/370) (see paras 81-82)

3. Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them – Misuse of powers – Seriousness of the failure of the institution concerned to fulfil obligations – No effective judicial protection against that failure – Interpretation, contrary to law, of the requirement of being individually concerned – Inadmissibility (Art. 230, fourth para., EC) (see paras 85-88)

Re:

ACTION for partial annulment of Council Regulation No 41/2007 of 21 December 2006 fixing for 2007 fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required (OJ 2007 L 15, p. 1), in so far as it fixes the total allowable catches (‘TAC’) for 2007 in respect of the fishing of cod in the areas covered by Council Regulation No 423/2004 of 26 February 2004 establishing measures for the recovery of cod stocks (OJ 2004 L 70, p. 8).

Operative part

The Court:

1. Dismisses the action as inadmissible;

2. Orders WWF-UK Ltd to bear its own costs and pay those incurred by the Council;
7

By letter lodged at the Registry of the Court of First Instance on 11 February 2009, Hangzhou presented its observations on that request. It took the view, essentially, that that request was unfounded and that Hangzhou could not be criticised for having committed an abuse of procedure. With regard to that last point, it stated, in particular, that it had been given leave to intervene in Case T-469/07, a case which has the same subject-matter as the present case, and that, as a result, it had legitimate access to the pleadings lodged in that case, including the statement of defence in question. Hangzhou also claims that, if the Council’s request were to be granted, it would not be possible for it to indicate to the Court that, in a parallel pending case in which Hangzhou is an intervener, the Council is arguing ‘exactly the opposite concerning [a] very important issue of law and fact’.
Order of the Court of First Instance (Eighth Chamber) of 2 December 2008 – Longevity Health Products v OHIM – Hennig Arzneimittel (Cellutrim)

(Case T-169/07)

Community trade mark – Invalidity proceedings – Community word mark Cellutrim – Earlier national word mark Cellidrin – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94 – Action in part manifestly inadmissible and in part manifestly lacking any foundation in law

Community trade mark – Surrender, revocation and invalidity – Relative grounds of invalidity (Council Regulation No 40/94, Arts 8(1)(b) and 52(1)(a)) (see paras 30-31)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 7 March 2007 (Case R 1123/2006-1) concerning invalidity proceedings between, initially, Celltech Pharma GmbH & Co. KG and, subsequently, Hennig Arzneimittel GmbH & Co. KG and Longevity Health Products, Inc.

Information relating to the case

Registered Community trade mark of which cancellation sought: Word mark Cellutrim for goods and services in Classes 3, 5 and 35 – Community mark No 3979036 Proprietor of the Community trade mark: Longevity Health Products, Inc. Party seeking cancellation of the Community trade mark: Celltech Pharma GmbH & Co. KG Trade mark of the party seeking cancellation: Word mark Cellidrin for goods in Class 5 Decision of the Cancellation Division: Community trade mark cancelled with regard to goods in Class 5 Decision of the Board of Appeal: Appeal dismissed





Operative part

1. The action is dismissed.
Keywords

Subject of the case

Operative part



Keywords

Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Prima facie case – Urgency – Cumulative nature – Balancing of all the interests involved (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 21-22)

2. Applications for interim measures – Conditions of admissibility – Admissibility of main application – Irrelevance – Limits (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(1)) (see paras 50-51)

3. Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Serious and irreparable damage – Damage capable of being relied on by a Member State (Arts 242 EC and 243 EC; Rules of Procedure of the Court Instance, Art. 104(2)) (see para. 53)

4. Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Serious and irreparable damage – Contested measure infringing a superior rule of law – Condition not automatically fulfilled – Burden of proof (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 58-59)

Subject of the case

Re:

APPLICATION for suspension of the operation of a number of procurement notices issued by the Commission for the encouragement of economic development in the northern part of Cyprus, in the fields of energy, the environment, agriculture, telecommunications, education and crop management and irrigation.

Operative part

Operative part

The Court:

1. Joins Cases T-54/08 R, T-87/08 R, T-88/08 R and T-91/08 R to T‑93/08 R for the purposes of this order;

2. Dismisses the applications for interim relief;

3. Reserves the costs.
Keywords

Subject of the case

Operative part



Keywords

Application for interim measures – Conditions of admissibility– Application – Formal requirements (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 18-21)

2. Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 44-46)

3. Application for interim measures – Suspension of operation of a measure – Suspension of operation of the obligation to provide a bank guarantee as a condition for not proceeding to immediate recovery of a fine imposed for breach of the competition rules – Conditions for granting (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 48, 50-54)

Subject of the case

Re:

APPLICATION for a stay of execution of Commission Decision C(2008) 926 final of 11 March 2008 on a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/38.543 – International Removal Services).

Operative part

Operative part

1. The application for interim measures is dismissed.

2. Costs are reserved.