ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 90/26

Order of the Court of First Instance of 18 February 2009 — IMS v Commission

(Case T-346/06) (1)

(Action for annulment and for damages - Directive 98/37/EC - Machinery bearing the ‘CE’ marking - Hazards to the safety of persons - National prohibition measure - Opinion of the Commission declaring the measure to be justified - Action for annulment - Withdrawal of the contested measure - No need to adjudicate - Action for damages - Article 44(1)(c) of the Rules of Procedure of the Court of First Instance - Inadmissibility)

2009/C 90/42

Language of the case: Italian

Parties

Applicant: Industria Masetto Schio Srl (IMS) (Schio, Italy) (represented by: F. Colonna and T. Romolotti, lawyers)

Defendant: Commission of the European Communities (represented by: C. Zadra and D. Lawunmi, acting as Agents)

Intervener in support of the defendant: French Republic (represented by: G. de Bergues, acting as Agent)

Re:

First, application for annulment of the Commission’s opinion C(2006) 3914 of 6 December 2006 concerning a prohibition measure adopted by the French authorities relating to certain IMS brand mechanical presses and, second, application for damages for the loss allegedly suffered by the applicant as a result of the adoption of that opinion

Operative part of the order

1. There is no longer any need to adjudicate on the application for annulment.

2. The remainder of the action is dismissed as inadmissible.

3. The Commission is ordered to pay the costs of the interim proceedings. As to the remainder, the Commission and Industria Masetto Schio Srl (IMS) are ordered to bear half of the costs each.

4. The French Republic is ordered to bear its own costs.

(1) OJ C 20, 27.1.2007.
EN Official Journal of the European Union C 128/37

Order of the Court of First Instance of 1 April 2008 — Simsalagrimm Filmproduktion v Commission of the European Communities and Education, Audiovisual and Culture Executive Agency (EACEA)

(Case T-314/07) (1)

(2008/C 128/79)

Language of the case: German

The President of the Court of First Instance (Eighth Chamber) has ordered that the case be removed from the register.

(1) OJ C 235, 6.10.2007.
EN Official Journal of the European Union C 64/39

Order of the President of the Court of First Instance of 7 January 2008 — Pellegrini v Commission

(Case T-375/07 R)

(Interim measures - Non-contractual liability of the Commission - Commission's failure to act - Provisional payment of damages sought in main proceedings - No prima facie case)

(2008/C 64/64)

Language of the case: Italian

Parties

Applicant: Rosario Maria Pellegrini (Genoa, Italy) (represented by: L. Sulfaro, lawyer)

Defendant: Commission of the European Communities

Re:

Request that the Commission be ordered to pay compensation, on a provisional basis, for the financial damage allegedly suffered by the applicant because of the Commission's failure to ensure full application and correct interpretation of the provisions of Community law governing the activities of financial intermediaries.

Operative part of the order

1. The application for interim measures is dismissed.
EN Official Journal of the European Union C 197/24

Order of the Court of First Instance of 10 June 2008 — Bligny v Commission

(Case T-127/07 P) (1)

(Appeal - Staff case - Open competition - Conditions governing admission - Not admitted at the stage of correction of the written test - Competition notice - Incomplete application - Proof of citizenship - Appeal manifestly unfounded)

(2008/C 197/43)

Language of the case: French

Parties

Appellant: Francesco Bligny (Tassin-la-Demi-Lune, France) (represented by: P. Lebel-Nourissat, lawyer)

Other party to the proceedings: Commission of the European Communities (represented by: J. Currall and K. Herrmann, Agents)

Re:

Appeal against the order of the European Union Civil Service Tribunal (Second Chamber) of 15 February 2007 in Joined Cases F-142/06 and F-142/06 AJ Bligny v Commission, not yet published in the ECR, seeking to have that order set aside.

Operative part of the order

1. The appeal is dismissed.

2. Francesco Bligny shall bear his own costs and those incurred by the Commission.

(1) OJ C 140, 23.6.2007.
EN Official Journal of the European Union C 171/36

Order of the Court of First Instance of 5 May 2008 — Pathé Distribution SAS v Education, Audiovisual & Culture Executive Agency

(Case T-239/07) (1)

(Arbitration clause - Education, Audiovisual & Culture Executive Agency - No need to adjudicate)

(2008/C 171/67)

Language of the case: French

Parties

Applicant: Pathé Distribution SAS (Paris, France) (represented by: P. Deprez, lawyer)

Defendant: Education, Audiovisual & Culture Executive Agency (represented by: H. Monet, agent, assisted by J.-L. Fagnart, lawyer)

Re:

First, annulment of the decision of the Education, Audiovisual & Culture Executive Agency of 8 May 2007 terminating contract No 2006-09120304D1021001FD1507 and, second, an order that the Education, Audiovisual & Culture Executive Agency should pay to the applicant the sum of EUR 9 737 in execution of the said contract.

Operative part of the order

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

2. The Education, Audiovisual & Culture Executive Agency is ordered to pay the costs.

(1) OJ C 211 of 8.9.2007.
EN Official Journal of the European Union C 301/38

Order of the Court of First Instance of 23 September 2008 — Cementownia ‘Warta’ S.A. v Commission of the European Communities

(Case T-198/07) (1)

(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)

(2008/C 301/64)

Language of the case: Polish

Parties

Applicant: Cementownia ‘Warta’ S.A. (Trębaczewo, Poland) (represented by: P.K. Rosiak and F. Puel, lawyers)

Defendant: Commission of the European Communities (represented by: U. Wölker and K. Herrmann, Agents)

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 of the order

1. The action is dismissed as inadmissible.

2. Cementownia ‘Warta’ S.A. shall bear its own costs and pay those of the Commission.

(1) OJ C 170, 21.7.2007.
EN Official Journal of the European Union C 247/12

Order of the President of the Court of First Instance of 18 June 2008 — Dow AgroSciences and Others v Commission

(Case T-475/07 R)

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

(2008/C 247/22)

Language of the case: English

Parties

Applicants: Dow AgroSciences Ltd (Hitchin, Hertfordshire, United Kingdom); Dow AgroSciences LLC (Indianapolis, Indiana, United States); Dow AgroSciences (Mougins, France); Dow AgroSciences Export (Mougins); Dow AgroSciences BV (Hoek, Netherlands); Dow AgroSciences Hungary kft (Budapest, Hungary); Dow AgroSciences Italia Srl (Milan, Italy); Dow AgroSciences Polska sp. z o.o. (Warsaw, Poland); Dow AgroSciences Iberica, SA (Madrid, Spain); Dow AgroSciences s.r.o. (Prague, Czech Republic); Dow AgroSciences Danmark A/S (Kongens Lyngby, Denmark); Dow AgroSciences GmbH (Munich, Germany); Dintec Agroquímica — Produtos Químicos, Lda (Funchal, Madeira, Portugal); Finchimica SpA (Brescia, Italy); (represented by: C. Mereu and K. Van Maldegem, lawyers)

Defendant: Commission of the European Communities (represented by: B. Doherty and L. Parpala, Agents)

Re:

Application for suspension of the operation of Commission Decision 2007/629/EC of 20 September 2007 concerning the non-inclusion of trifluralin in Annex I to Council Directive 91/414/EEC and the withdrawal of authorisations for plant protection products containing that substance (OJ 2007 L 255, p. 42), until delivery of the judgment in the main proceedings.

Operative part of the order

1. The application for interim measures is dismissed.
EN Official Journal of the European Union C 327/26

Order of the President of the Court of First Instance of 18 March 2008 — Aer Lingus Group v Commission

(Case T-411/07 R)

(Interim measures - Control of concentrations - Decision declaring a concentration to be incompatible with the common market - Article 8(4) and (5) of Regulation (EC) No 139/2004 - Application for suspension of operation and for interim relief - Measure incompatible with the distribution of powers between institutions - Powers of the Commission - Interim measures addressed to an intervener - Application for suspension of operation - Admissibility - No prima facie case - Lack of urgency - Absence of serious and irreparable damage - Damage dependent on future, uncertain events - Insufficient reasons - Weighing of all the interests involved)

(2008/C 327/49)

Language of the case: English

Parties

Applicant: Aer Lingus Group plc (Dublin, Ireland) (represented by: A. Burnside, Solicitor, and B. van de Walle de Ghelcke and T. Snels, lawyers)

Defendant: Commission of the European Communities (represented by: X. Lewis, É. Gippini Fournier and S. Noë, acting as Agents)

Intervener in support of the defendant: Ryanair Holdings plc (Dublin, Ireland) (represented by: J. Swift, QC, V. Power, A. McCarthy and D. Hull, Solicitors, and G. Berrisch, lawyer)

Re:

Application for interim measures seeking, first, an order requiring the Commission to adopt certain measures concerning Ryanair Holdings plc's shareholding in the applicant, second, alternatively, any order to similar effect against the Commission or Ryanair Holdings plc, and, third, suspension of the operation of Commission Decision C(2007) 4600 final of 11 October 2007 rejecting the applicant's request that proceedings be opened under Article 8(4) of Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (OJ 2004 L 24, p. 1) and that interim measures be adopted under Article 8(5) of that regulation.

Operative part of the order

1. The application for interim measures is dismissed.
EN Official Journal of the European Union C 301/37

Order of the Court of First Instance of 23 September 2008 — Dyckerhoff Polska v Commission

(Case T-196/07) (1)

(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)

(2008/C 301/62)

Language of the case: Polish

Parties

Applicant: Dyckerhoff Polska sp. z o.o. (Sitkówka-Nowiny, Poland) (represented by: P.K. Rosiak and F. Puel, lawyers)

Defendant: Commission of the European Communities (represented by: U. Wölker and K. Herrmann, Agents)

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 of the order

1. The action is dismissed as inadmissible.

2. Dyckerhoff Polska sp. z o.o. shall bear its own costs and pay those incurred by the Commission.

(1) OJ C 170, 21.7.2007.
EN Official Journal of the European Union C 90/38

Order of the Court of First Instance of 3 March 2009 — People’s Mojahedin Organization of Iran v Council

(Case T-157/07) (1)

2009/C 90/59

Language of the case: English

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

(1) OJ C 140, 23.6.2007.
EN Official Journal of the European Union C 44/68

Order of the Court of First Instance of 17 December 2008 — Plant and Others v Commission

(Case T-324/07) (1)

(2009/C 44/115)

Language of the case: English

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

(1) OJ C 247, 20.10.2007.
EN Official Journal of the European Union C 37/37

Order of the General Court of 9 December 2009 — Deltalinqs and SVZ v Commission

(Case T-481/07) (1)

(State aid - System of aid granted by the Belgian authorities in support of inter-modal transport by inland waterways - Decision of the Commission not to object - Action for annulment brought by associations representing the interests of undertakings established in the port area of Rotterdam - Absence of any significant effect on a competitive position - Manifest inadmissibility)

2010/C 37/50

Language of the case: Dutch

Parties

Applicants: Deltalinqs (Rotterdam, Netherlands) and SVZ, Havenondernemersvereninging Rotterdam (Rotterdam) (represented by: M. Meulenbelt, lawyer)

Defendant: European Commission (represented by: G. Conte and S. Noë, acting as Agents)

Interveners in support of the form of order sought by the defendant: Vlaams Gewest (Brussels, Belgium) and Waterwegen en Zeekanaal NV (Willebroek, Belgium) (represented by: Y. van Gerven, lawyer)

Re:

Annulment of Commission Decision C (2007) 1939 final of 10 May 2007 not to object, following the preliminary examination procedure laid down in Article 88(3) EC, to the system of aid envisaged by the Vlaams Gewest (Flemish Region, Belgium) in support of inter-modal transport via inland waterways (State aid N 682/2006 — Belgium)

Operative part of the order

1. The action is dismissed as manifestly inadmissible.

2. Deltaqings and SVZ, Havenondernemersvereninging Rotterdam shall bear their own costs and those incurred by the Commission.

3. Vlaams Gewest and Waterwegen en Zeekanaal NV shall bear their own costs.

(1) OJ C 64, 8.3.2008.
EN Official Journal of the European Union C 267/64

Order of the Court of First Instance of 2 September 2009 — E.ON Ruhrgas and E.ON Földgáz Trade v Commission

(Case T-57/07) (1)

(Action for annulment - Competition - Concentrations - Decision declaring the concentration compatible with the common market - Commitments - Commission letters regarding the commitments - Non-actionable measures - Inadmissibility)

2009/C 267/114

Language of the case: English

Parties

Applicants: E.ON Ruhrgas International AG (Essen, Germany); and E.ON Földgáz Trade Zrt (Budapest, Hungary) (represented by: G. Wiedemann and T. Lübbig, lawyers)

Defendant: Commission of the European Communities (represented by: A. Bouquet and V. Di Bucci, Agents)

Re:

APPLICATION for annulment of the decisions allegedly contained in the Commission’s letters of 19 December 2006 and 16 January 2007 concerning the commitments entered into by E.ON Ruhrgas International AG referred to in Article 3 of the Commission Decision of 21 December 2005 declaring a concentration to be compatible with the common market and the EEA Agreement (Case No COMP/M.3696 — E.ON/MOL).

Operative part of the order

The Court:

1. Dismisses the action as inadmissible;

2. Orders E.ON Ruhrgas International AG and E.ON Földgáz Trade Zrt to bear their own costs and to pay those incurred by the Commission of the European Communities.

(1) OJ C 95, 28.4.2007.
EN Official Journal of the European Union C 80/18

Order of the General Court of 21 January 2011 — Vtesse Networks Ltd v Commission

(Case T-54/07) (1)

(Application for annulment - State aid - Telecommunications - Tax on non-domestic property of undertakings in the United Kingdom - Decision finding that the measure at issue does not constitute aid - No individual concern - Inadmissibility)

2011/C 80/35

Language of the case: English

Parties

Applicant: Vtesse Networks Ltd (Hertford, Hertfordshire, United Kingdom) (represented by: H. Mercer, Barrister, and J. Ballard, Solicitor)

Defendant: European Commission (represented by: N. Khan and H. van Vliet, Agents)

Interveners in support of the applicant: AboveNet Communications UK Ltd, (London, United Kingdom); Gamma Telecom Ltd (Newbury, Berkshire, United Kingdom) and VTL (UK) Ltd (Egham, Surrey, United Kingdom), represented by I. Forrester QC, C. Arhold and K. Struckmann, lawyers)

Interveners in support of the defendant: British Telecommunications plc, (London, United Kingdom), (represented by G. Robert and C. Berg, Solicitors) and United Kingdom of Great Britain and Northern Ireland (represented by V. Jackson, Agent, and by C. Vajda QC and T. Morshead, Barrister)

Re:

Application for annulment in part of Commission Decision 2006/951/EC of 12 October 2006 on the United Kingdom’s application of the tax on non-domestic property to telecommunications infrastructure in the United Kingdom (No C-4/2005 (ex NN 57/2004, ex CP 26/2004)) (OJ 2006 L 383, p. 70)

Operative part of the order

1. The application is dismissed as inadmissible.

2. Vtesse Networks Ltd shall bear its own costs and pay the costs of the European Commission.

3. The United Kingdom of Great Britain and Northern Ireland, AboveNet Communications UK Ltd, Gamma Telecom Ltd, VTL (UK) Ltd and British Telecommunications plc shall bear their own costs.

(1) OJ C 82, 14.4.2007.
EN Official Journal of the European Union C 221/58

Order of the General Court of 18 June 2010 — Ecolean Research & Development v OHIM (CAPS)

(Case T-452/07) (1)

()

2010/C 221/92

Language of the case: Swedish

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

(1) OJ C 51, 23.2.2008.
EN Official Journal of the European Union C 134/39

Order of the General Court of 22 February 2018 — Alcan France v Commission

(Case T-288/07) (1)

(2018/C 134/56)

Language of the case: French

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

(1) OJ C 235, 6.10.2007.
EN Official Journal of the European Union C 174/21

Order of the General Court of 16 April 2012 — de Brito Sequeira Carvalho v Commission

(Joined Cases T-40/07 P-REV and T-62/07 P-REV) (1)

(Procedure - Application for revision - New fact - Absence thereof - Inadmissibility)

2012/C 174/34

Language of the case: French

Parties

Appellant: Jose António de Brito Sequeira Carvalho (Brussels, Belgium) (represented by: M. Boury, lawyer)

Other party to the proceedings: European Commission (represented by: J. Currall and D. Martin, agents)

Re:

Application for revision of the judgment of the General Court of 5 October 2009 in Joined Cases T-40/07 P and T-62/07 P de Brito Sequeira Carvalho v Commission of the European Communities and Commission of the European Communities v de Brito Sequeira Carvalho, not yet reported in the ECR.

Operative part of the order

1. The application for revision is dismissed as inadmissible.

2. Each party shall bear its own costs.

(1) OJ C 82, 14.4.2007.
EN Official Journal of the European Union C 223/59

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

(Case T-122/08) (1)

(2008/C 223/111)

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 158/18

Order of the President of the Court of First Instance (Interim measures) of 30 April 2008 — Spain v Commission

(Case T-65/08 R)

(Interim proceedings - Control of concentrations - Article 21 of Council Regulation (EC) No 139/2004 - Conditions imposed by the Spanish authorities on parties to a concentration declared incompatible with the common market - Application for stay of execution - Prima facie case - Lack of urgency - Balance of interests)

(2008/C 158/28)

Language of the case: Spanish

Parties

Applicant: Kingdom of Spain (represented by: N. Díaz Abad, Agent)

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

Re:

Application for stay of execution of Commission Decision C(2007) 5913 Final of 5 December 2007 (Case No COMP/M.4685 — Enel/Acciona/Endesa) in relation to a procedure pursuant to Article 21 of Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (OJ 2004 L 24, p. 1)

Operative part of the order

1. The application for interim measures is dismissed.
EN Official Journal of the European Union C 301/40

Order of the President of the Court of First Instance (Interim measures) of 26 September 2008 — Ellinikos Niognomon v Commission

(Case T-312/08 R)

(Application for interim measures - Directive 94/57/EC - Common rules and standards applicable to ship inspection and survey organisations - Withdrawal of recognition granted to such an organisation - Application for suspension of operation of a measure - Inadmissibility)

(2008/C 301/68)

Language of the case: English

Parties

Applicant: Ellinikos Niognomon AE (Piraeus, Greece) (represented by: S. Pappas, lawyer)

Defendant: Commission of the European Communities (represented by: H. Krämer and N. Yerrell, acting as Agents)

Re:

Application for suspension of operation of the letter of the Commission withdrawing the recognition granted to the applicant by Commission Decision 2005/623/EC of 3 August 2005 on the extension of the limited recognition of the Hellenic Register of Shipping (Ellinikos Niognomon AE) (OJ 2005 L 219, p. 43)

Operative part of the order

1. The application for interim measures is dismissed.
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-88/08) (1)

(2008/C 223/106)

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 69/53

Order of the Court of First Instance of 3 February 2009 — Comtec Translations v Commission

(Case T-239/08) (1)

(2009/C 69/118)

Language of the case: English

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

(1) OJ C 209, 15.8.2008.
EN Official Journal of the European Union C 32/35

Order of the Court of First Instance of 8 October 2008 — Koinotita Grammatikou v Commission

(Case T-13/08) (1)

(Action for annulment - Cohesion Funds - Lack of direct concern - Inadmissibility)

(2009/C 32/67)

Language of the case: Greek

Parties

Applicant: Koinotita Grammatikou (Greece) (represented by: M Chaïntarlis and A. Papakonstantinou, lawyers)

Defendant: Commission of the European Communities (represented by: D. Triantafyllou and L. Flynn, Agents)

Re:

Annulment of Commission Decision C(2004) 5509 of 21 December 2004 relating to the grant of assistance from the Cohesion Fund for the project ‘Construction of a Landfill Site at the Integrated Waste Management Facility of North-East Attica at the location “Mavro Vouno Grammatikou”’.

Operative part of the order

1. The action is dismissed as inadmissible.

2. Koinotita Grammatikou is ordered to pay the costs.

(1) OJ C 79, 29.3.2008.
EN Official Journal of the European Union C 153/50

Order of the Court of First Instance of 5 May 2009 – Commission v Eurgit et Cirese

(Case T 470/08) (1)

2009/C 153/96

Language of the case: Italian

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

(1) OJ C 327, 20.12.2008.
EN Official Journal of the European Union C 90/39

Order of the Court of First Instance of 4 March 2009 — Furukawa Electric North America v OHMI (SLIM LINE)

(Case T-36/08) (1)

2009/C 90/62

Language of the case: German

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

(1) OJ C 79, 29.3.2008.