ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 285/42

Order of the Court of First Instance of 9 September 2008 — Marcuccio v Commission

(Case T-144/08) (1)

(Staff case - Social security - Rejection of a claim for reimbursement of 100 % of certain of the applicant's medical expenses)

(2008/C 285/78)

Language of the case: Italian

Parties

Applicant: Luigi Marcuccio (Tricase, Italy) (represented by: G. Cipressa, lawyer)

Defendant: Commission of the European Communities (represented by: J Currall and C. Barnardis-Kayser, Agents, and A. Dal Ferro, lawyer)

Re:

Inter alia, an application, first, for annulment of the Commission decision refusing the applicant's claim for reimbursement of 100 % of certain medical expenses incurred and, secondly, for an order that the Commission pay him EUR 89,56 by way of additional reimbursement of medical expenses or as compensation for loss.

Operative part of the order

1. The action is dismissed as inadmissible.

2. Each party shall bear its own costs.

(1) OJ C 235, 6.10.2007 (formerly Case F-84/06).
EN Official Journal of the European Union C 223/58

Order of the Court of First Instance of 16 June 2008 — Cyprus v Commission

(Case T-87/08) (1)

(2008/C 223/105)

Language of the case: Greek

The President of the First Chamber has ordered that the case be removed from the register.

(1) OJ C 142, 7.6.2008.
EN Official Journal of the European Union C 55/27

Order of the President of the Court of First Instance of 23 December 2008 — AES-Tisza v Commission

(Case T-468/08 R)

(Application for interim measures - State aid - Commission decision declaring aid awarded by the Republic of Hungary to certain electricity producers through power purchase agreements to be incompatible with the common market - Application for suspension of operation - Lack of urgency - Weighing up of interests)

(2009/C 55/51)

Language of the case: English

Parties

Applicant: AES-Tisza Erőmű kft (AES-Tisza kft) (Tiszaújváros, Hungary) (represented by: T. Ottervanger and E. Henny, lawyers)

Defendant: Commission of the European Communities (represented by: L. Flynn, N. Khan and K. Talabér-Ritz, acting as Agents)

Re:

Application for suspension of the operation of Article 1 of Commission Decision C(2008) 2223 final of 4 June 2008 on the State aid awarded by the Republic of Hungary through power purchase agreements.

Operative part of the order

1. The application for interim relief is dismissed.
EN Official Journal of the European Union C 6/31

Order of the President of the Court of First Instance of 14 November 2008 — Sacem v Commission

(Case T-422/08 R)

(Interim measures - Decision of the Commission ordering cessation of a concerted practice in connection with the collective management of author's rights - Application for stay of execution - Lack of urgency)

(2009/C 6/65)

Language of the case: French

Parties

Applicant: Société des auteurs, compositeurs et éditeurs de musique (Sacem) (Neuilly-sur-Seine, France) (represented by: H. Calvet, lawyer)

Defendant: Commission of the European Communities (represented by: F. Castillo de la Torre and É. Gippini Fournier, acting as Agents)

Re:

Application for a stay of execution of Commission Decision C(2008) final of 16 July 2008 relating to a proceeding under Article 81 EC and Article 53 of the EEA Agreement (Case COMP/C2/38.698 — CISAC)

Operative part of the order

1. The application for interim measures is dismissed.
EN Official Journal of the European Union C 141/42

Order of the Court of First Instance of 31 March 2009 — Spain v Commission

(Case T-360/08) (1)

(Action for annulment - Withdrawal of the contested measure - No need to give a decision)

2009/C 141/89

Language of the case: Spanish

Parties

Applicant: Kingdom of Spain (represented by: J. Rodríguez Cárcamo, Agent)

Defendant: Commission of the European Communities (represented by: A. Steiblyté and S. Pardo Quintillián, Agents)

Re:

Annulment of Commission Decision C(2008) 3247 of 25 June 2008, reducing the financial assistance granted from the Cohesion Fund for project group No. 2001.ES.16.C.P.E.036 (‘Cleaning of the Hydrographic Basic of North-Galicia-2001’) by Decision C(2001) 4084 of 20 December 2001.

Operative part of the order

1. There is no need to give a decision in the present action.

2. The Commission shall bear its own costs and pay those incurred by the Kingdom of Spain.

(1) OJ C 272, 25.10.2008.
EN Official Journal of the European Union C 82/25

Order of the President of the Court of First Instance of 23 January 2009 — Unity OSG FZE v Council and EUPOL Afghanistan

(Case T-511/08 R) (1)

(Application for interim measures - Public procurement - Rejection of a tender - Application for suspension of operation of a measure - Loss of opportunity - No urgency)

(2009/C 82/45)

Language of the case: English

Parties

Applicant: Unity OSG FZE (Sharjah, United Arab Emirates) (represented by: C. Bryant and J. McEwen, Solicitors)

Defendants: Council of the European Union (represented by: G. Marhic and A. Vitro, Agents) and European Union Police Mission in Afghanistan (EUPOL Afghanistan) (Kabul, Afghanistan)

Re:

Application for suspension of the operation of the decision, taken by EUPOL Afghanistan in the context of a call for tenders, to reject the applicant's tender and to award the contract for the provision of guarding and close protection services in Afghanistan to another tenderer.

Operative part of the order

1. The application for interim measures is dismissed.

2. Costs are reserved.

(1) OJ C 32, 7.2.2009.
EN Official Journal of the European Union C 233/16

Order of the Court of First Instance of 14 July 2009 — Hoo Hing v OHIM — Tresplain Investments (Golden Elephant Brand)

(Case T-300/08) (1)

(Community trade mark - Invalidity proceedings - Article 63(4) of Regulation (EC) No 40/94 (now Article 65(4) of Regulation (EC) No 207/2009) - Act which upheld the applicant’s claims in their entirety - Inadmissibility)

2009/C 233/29

Language of the case: English

Parties

Applicant: Hoo Hing Holdings Ltd (Romford, Essex, United Kingdom) (represented by: M. Edenborough, barrister)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Novais Gonçalves, Agent)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Tresplain Investments Ltd (Tsing Yi, Hong Kong) (represented by: D. McFarland, barrister)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 7 May 2008 (case R 889/2007-1) relating to invalidity proceedings between Hoo Hing Holdings Ltd and Tresplain Investments Ltd.

Operative part of the order

1. The action is dismissed as inadmissible.

2. Hoo Hing Holdings Ltd is ordered to pay the costs.

(1) OJ C 247, 27.9.2008.
EN Official Journal of the European Union C 193/33

Order of the Court of First Instance of 25 June 2009 — Tokita Management Service v OHIM — Eminent Food (Tomatoberry)

(Case T-435/08) (1)

2009/C 193/54

Language of the case: English

The President of the First Chamber has ordered that the case be removed from the register.

(1) OJ C 313, 6.12.2008.
EN Official Journal of the European Union C 11/27

Order of the Court of First Instance of 10 November 2009 — Tiralongo v Commission

(Case T-180/08 P) (1)

(Appeal - Staff cases - Temporary staff - Non-extension of a fixed-term contract - Action for damages - Cause of the damage - Obligation to state reasons on the part of the Civil Service Tribunal)

2010/C 11/53

Language of the case: Italian

Parties

Appellant: Giuseppe Tiralongo (Ladispoli, Italy) (represented by: F. Sciaudone, R. Sciaudone and S. Frazzani, lawyers)

Other party to the proceedings: Commission of the European Communities (represented by: J. Currall and D. Martin, acting as Agents, assisted by S. Corongiu, lawyer)

Re:

Appeal against the order of the Civil Service Tribunal of the European Union (First Chamber) of 6 March 2008 in Case F-55/07 Tiralongo v Commission (not yet published in the ECR), seeking the annulment of that order

Operative part of the order

1. Dismisses the appeal;

2. Orders Mr Giuseppe Tiralongo to bear his own costs and to pay those incurred by the Commission of the European Communities.

(1) OJ C 171, 5.7.2008.
EN Official Journal of the European Union C 267/65

Order of the Court of First Instance of 9 September 2009 — Nijs v Court of Auditors

(Case T-375/08 P) (1)

(Appeal - Public service - Officials - Decision of the Court of Auditors to renew the mandate of its Secretary General - Decision not to promote the appellant in the 2004 promotion year - Appeal partly inadmissible and partly manifestly unfounded)

2009/C 267/117

Language of the case: French

Parties

Appellant: Bart Nijs (Bereldange, Luxembourg) (represented by: F. Rollinger and A. Hertzog, lawyers)

Other party to the proceedings: Court of Auditors (represented by: T. Kennedy, J.-M Stenier and G. Corstens, Agents)

Re:

Appeal against the order of the Civil Service Tribunal of the European Union (Second Chamber) in Case F-108/07 Nijs v Court of Auditors [2008] ECR I-0000 seeking the anuulment of that order.

Operative part of the order

1. The appeal is dismissed.

2. Mr Bart Nijs is to bear his own costs and to pay those incurred by the Court of Auditors of the European Communities in the present proceedings.

(1) OJ C 301, of 22.11.2008.
Official Journal of the European Union

Order of the General Court of 13 April 2010 — Unity OSG FZE v Council

(Case T-511/08) (1)

(2010/C 161/90)

Language of the case: English

The President of the Second Chamber has ordered that the case be removed from the register.

(1) OJ C 32, 7.2.2009.
EN Official Journal of the European Union C 100/40

Order of the General Court of 8 February 2010 — Alisei v Commission

(Case T-481/08) (1)

(Action for annulment - External action and EDF - Termination of audit and adoption of final report - Measure of a purely contractual nature - Lack of jurisdiction - No direct concern - Inadmissibility - Action for damages - Manifest inadmissibility)

2010/C 100/63

Language of the case: Italian

Parties

Applicant: Alisei (Rome, Italy) (represented by: F. Sciaudone, R. Sciaudone, S. Gobbato, R. Rio and A. Neri, lawyers)

Defendant: European Commission (represented by: P. van Nuffel and L. Prete, Agents)

Re:

First, annulment of the decision allegedly contained in the Commission letter of 19 August 2008 on the repayment of a part of the advances paid to the applicant in the context of certain development cooperation and humanitarian aid projects financed by the Community budget or by the European Development Fund (EDF) and, second, the compensation for the loss allegedly suffered by the applicant due to the conduct of the Commission.

Operative part of the order

1. The action is dismissed.

2. Alisei is ordered to pay the costs.

(1) OJ C 6, 10.1.2009.
EN Official Journal of the European Union C 13/35

Order of the General Court of 11 November 2010 — Katjes Fassin v OHMI (Yoghurt-Gums)

(Case T-25/08) (1)

()

2011/C 13/67

Language of the case: German

The President of the Third Chamber has ordered that the case be removed from the register.

(1) OJ C 64, 8.3.2008.
EN Official Journal of the European Union C 221/59

Order of the General Court of 18 June 2010 — Global Digital Disc v Commission

(Case T-96/08) (1)

()

2010/C 221/93

Language of the case: German

The President of the Third Chamber has ordered that the case be removed from the register.

(1) OJ C 107, 26.4.2008.
EN Official Journal of the European Union C 151/33

Order of the General Court (Fifth Chamber) of 30 March 2012 — Atlantean v Commission

(Case T-125/08) (1)

2012/C 151/56

Language of the case: English

The President of the Fifth Chamber has ordered that the case be removed from the register.

(1) OJ C 116, 9.5.2008.
EN Official Journal of the European Union C 347/31

Order of the General Court of 30 June 2011 — Hess Group v OHIM — Coloma Navarro (COLOMÉ)

(Case T-341/08) (1)

(Community trade mark - Application for a declaration of invalidity - Agreement and withdrawal of application - No need to adjudicate)

2011/C 347/51

Language of the case: Spanish

Parties

Applicant: Hess Group AG (Berne, Switzerland) (represented by: E. Armijo Chávarri and A. Castán Pérez-Gómez, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: O. Mondéjar Ortuño, agent)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the General Court: José Félix Coloma Navarro (Alvarado, Spain) (represented by: A. Fernández Lerroux, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 21 May 2008 (Case R 1030/2007-1) in invalidity proceedings between José Félix Coloma Navarro and Hess Group AG.

Operative part of the order

1. There is no longer any need to adjudicate on the action.

2. The applicant and the intervener shall bear their own costs and shall each pay one half of the defendant’s costs.

(1) OJ C 272, 25.10.2008.
EN Official Journal of the European Union C 180/50

Order of the Court of First Instance of 4 June 2009 — UniCredit v OHIM — Union Investment Privatfonds (UniCredit)

(Case T-4/09) (1)

(Community trade mark - Opposition - Withdrawal of Opposition - No need to adjudicate)

2009/C 180/94

Language of the case: Italian

Parties

Applicant: UniCredit SpA (Rome, Italy) (represented by: G. Floridia and R. Floridia, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: O. Montalto, Agent)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Union Investment Privatfonds GmbH (Frankfurt, Germany) (represented by: J. Zindel, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 3 November 2008 (Case R 1449/2006-2) concerning opposition proceedings between UniCredit SpA and Union Investment Privatfonds GmbH.

Operative part of the order

1. There is no need to adjudicate on the action.

2. The applicant is ordered to bear its own costs and to pay those incurred by the defendant.

(1) OJ C 55, 07.03.2009.
EN Official Journal of the European Union C 113/78

Order of the General Court of 1 March 2010 — TerreStar Europe v Commission

(Case T-196/09) (1)

2010/C 113/115

Language of the case: English

The President of the Fourth Chamber has ordered that the case be removed from the register.

(1) OJ C 167, 18.7.2009.
EN Official Journal of the European Union C 51/48

Order of the General Court of 5 January 2010 — Société des Pétroles Shell v European Commission

(Case T-251/09) (1)

2010/C 51/88

Language of the case: French

The President of the Eighth Chamber has ordered that the case be removed from the register.

(1) OJ C 193, 15.8.2009.
EN Official Journal of the European Union C 234/37

Order of the General Court of 6 July 2010 — Marcuccio v Court of Justice

(Case T-401/09) (1)

(Action for annulment - Rejection by the Court of Justice of a request for compensation - Action for damages - Service of an appeal to the applicant’s former representative - Absence of harm - Action in part manifestly inadmissible and in part manifestly devoid of any basis in law)

2010/C 234/67

Language of the case: Italian

Parties

Applicant: Luigi Marcuccio (Tricase, Italy) (represented by: G. Cipressa, lawyer)

Defendant: Court of Justice of the European Union (represented by: A. Placco, acting as Agent)

Re:

Firstly, an action for annulment of the alleged rejection by the Court of Justice of the applicant’s request for damages by way of compensation for the damage suffered by the applicant as a result of an alleged irregularity in service on him of an appeal in Case T-20/09 P and, secondly, an action for damages

Operative part of the order

1. The action is dismissed.

2. Mr Luigi Marcuccio is ordered to pay the costs.

3. There is no need to adjudicate on the application of the European Commission for leave to intervene.

(1) OJ C 297, 5.12.2009.
Official Journal of the European Union

Judgment of the General Court of 15 April 2010 — Katjes Fassin v OHIM (shape of a panda face)

(Case T-22/09) (1)

(Community trade mark - Refusal of registration by the examiner - Withdrawal of the application for registration - No need to rule)

(2010/C 161/63)

Language of the case: German

Parties

Applicant: Katjes Fassin GmbH & Co. KG (Emmerich am Rhein, Germany) (represented by: T. Schmitz, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: C. Jenewein, later by C. Jenewein and G. Schneider, Agents)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 13 November 2008 (Case R 1299/2006-4) concerning an application for registration as a Community trade mark of a three-dimensional mark showing a panda face in black, white and red.

Operative part of the judgment

The Court:

1. Holds that there is no need to rule on the action;

2. Orders the applicant to pay the costs.

(1) OJ C 69, 21.3.2009.
EN Official Journal of the European Union C 30/39

Order of the General Court of 24 November 2010 — Concord Power Nordal v Commission

(Case T-317/09) (1)

(Action for annulment - Internal market in natural gas - Article 22 of Directive 2003/55/EC - Letter from the Commission requesting a regulatory authority to amend its decision regarding the grant of an exemption - Act not open to challenge - Inadmissibility)

2011/C 30/71

Language of the case: German

Parties

Applicant: Concord Power Nordal GmbH (Hamburg, Germany) (represented by: C. von Hammerstein, C.S. Schweer and C. Wünschmann, lawyers)

Defendant: European Commission (represented by: G. Wilms, O. Beynet and B. Schima, agents)

Intervener in support of the defendant: OPAL NEL Transport GmbH (Kassel, Germany) (represented by: U. Quack and O. Fleishchmann, lawyers)

Re:

Action for annulment of the decision allegedly contained in the Commission’s letter of 12 June 2009 addressed to the Bundesnetzagentur (German Regulatory Authority) on the basis of Article 22(4) of Directive 2003/55/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in natural gas and repealing Directive 98/30/EC (OJ 2003 L 176, p. 57).

Operative part of the order

1. It is not necessary to rule on the requests for confidential treatment made by Concord Power Nordal GmbH.

2. The action is dismissed.

3. Concord Power Nordal shall bear its own costs and pay those incurred by the European Commission.

4. OPAL NEL Transport GmbH shall bear its own costs.

(1) OJ C 267, 7.11.2009.
EN Official Journal of the European Union C 301/31

Order of the General Court of 15 September 2010 — Marcuccio v Commission

(Case T-157/09 P) (1)

(Appeal - Civil Service - Officials - Reasonable time for the submission of a claim for compensation - Lateness - Appeal in part manifestly inadmissible and in part manifestly unfounded)

2010/C 301/52

Language of the case: Italian

Parties

Appellant: Luigi Marcuccio (Tricase, Italy) (represented by: G. Cipressa, lawyer)

Other party to the proceedings: European Commission (represented by: J. Currall and C. Berardis-Kayser, agents, and A. Dal Ferro, lawyer)

Re:

Appeal lodged against the order of the European Union Civil Service Tribunal (First Chamber) of 18 February 2009 in Case F-42/08 Marcuccio v Commission ECR-SC 0000, seeking the annulment of that order.

Operative part of the order

1. The appeal is dismissed.

2. Mr Luigi Marcuccio shall bear his own costs and pay those incurred by the European Commission in the present proceedings.

(1) OJ C 141, 20.6.2009.
EN Official Journal of the European Union C 226/26

Order of the General Court of 24 May 2011 — Sanyō Denki v OHIM — Telefónica 02 Germany (eneloop)

(Case T-309/09) (1)

(Community trade mark - Opposition - Withdrawal of the opposition - No need to adjudicate)

2011/C 226/53

Language of the case: English

Parties

Applicant: Sanyō Denki Kabushiki Kaisha (Osaka, Japan) (represented by: initially, M. De Zorti, M. Koch and T. Grimm, and subsequently V. Schmitz-Fohrmann, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: initially, M. Ahlgren, and subsequently M. Ahlgren and J.F. Crespo Carillo, Agents)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Telefónica 02 Germany GmbH & Co. OHG (Munich, Germany) (represented by: A. Fottner and M. Müller, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 6 May 2009 (Case R 794/2008-2), relating to opposition proceedings between Telefónica O2 Germany GmbH & Co. OHG and Sanyō Denki Kabushiki Kaisha

Operative part of the order

1. There is no need to adjudicate on the action.

2. The applicant and the intervener are ordered to bear their own costs and those incurred by the defendant.

(1) OJ C 267, 7.11.2009.
EN Official Journal of the European Union C 113/13

Order of the General Court of 17 February 2011 — RapidEye v Commission

(Case T-330/09) (1)

(Action for annulment - State aid - Aid granted by the German authorities pursuant to the multi-sectoral framework on regional aid - Satellite-based geo-information services system project - Request for confirmation of the scope of a decision declaring aid to be compatible with the common market - Commission's response - Measure not open to appeal - Inadmissibility)

2011/C 113/25

Language of the case: German

Parties

Applicant: RapidEye AG (Brandenbourg-sur-la-Havel, Germany) (represented by: T. Jestaedt, lawyer)

Defendant: European Commission (represented by: K. Gross and B. Martenczuk, Agents)

Re:

Application for annulment of the decision allegedly contained in the letter from the Commission of 9 June 2009, relating to the aid granted to RapidEye AG by the German authorities for the creation of a satellite-based geo-information services system (State Aid CP 183/2009 — Germany, RapidEye AG (ex-post monitoring MSR 1998 — N 416/2002)).

Operative part of the order

1. The action is dismissed as inadmissible.

2. RapidEye AG shall pay the costs.

(1) OJ C 267, 7.11.2009.
EN Official Journal of the European Union C 347/31

Order of the General Court of 28 September 2011 — UCAPT v Council

(Case T-96/09) (1)

(Action for annulment - Common agricultural policy - Support schemes for farmers - Production aid for tobacco - Regulation (EC) No 73/2009 - Not of individual concern - Inadmissible)

2011/C 347/52

Language of the case: French

Parties

Applicant: Union des coopératives agricoles des producteurs de tabac de France (UCAPT) (Paris, France) (represented by: B. Peignot and D.F. Garreau, lawyers)

Defendant: Council of the European Union (represented by: M. Moore and P. Mahnič Bruni, Agents)

Intervener in support of the defendant: European Commission (represented by: K. Banks and G. von Rintelen, Agents)

Re:

Action for annulment of Council Regulation (EC) No 73/2009 of 19 January 2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers, amending Regulations (EC) No 1290/2005, (EC) No 247/2006, (EC) No 378/2007 and repealing Regulation (EC) No 1782/2003 (OJ 2009 L 30, p. 16)

Operative part of the order

1. The action is dismissed as inadmissible.

2. Union des coopératives agricoles des producteurs de tabac de France shall bear its own costs and pay those incurred by the Council of the European Union, including the costs of the proceedings for interim measures.

3. The European Commission shall bear its own costs.

(1) OJ C 90, 18.4.2009.