ddrg/super_eurlex huggingface dataset:
Keywords

Subject of the case

Operative part



Keywords

Actions for annulment

–

Natural or legal persons

–

Measures of direct and individual concern to them (Arts 230, fourth para., EC and 249, second para., EC; Commission Regulation No 1429/2004, Annex I, point 103) (see para. 43-63

)

Subject of the case

Re:

APPLICATION for annulment of the provision limiting to 31 March 2007 the right to use the name ‘Tocai friulano’ referred to, in the form of an explanatory note, in item 103 of Annex I to Commission Regulation (EC) No 1429/2004 of 9 August 2004 amending Regulation (EC) No 753/2002 laying down certain rules for applying Council Regulation (EC) No 1493/1999 as regards the description, designation, presentation and protection of certain wine sector products (OJ 2004 L 263, p. 11).

Operative part

Operative part

1. The action is dismissed as inadmissible.

2. The applicants are ordered to bear their own costs and to pay the costs of the Commission.

3. The Republic of Hungary is ordered to bear its own costs.
Case T-78/04 R

Sumitomo Chemical (UK) plc

v

Commission of the European Communities

(Interim measures – Regulation (EC) No 2032/2003 – Biocidal products – Admissibility of the application)

Order of the President of the Court of First Instance, 2 July 2004

Summary of the Order

1. Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Prima faciecase – Interest of the applicant in obtaining the measure sought

(Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2))

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))

3. Applications for interim measures – Conditions of admissibility – Application – Formal requirements – Precise indication of the subject-matter of the application

(Rules of Procedure of the Court of First Instance, Arts 44(1)(d) and 104(3))

1. Article 104(2) of the Rules of Procedure of the Court of First Instance provides that an application for interim measures must specify the subject-matter of the dispute, the circumstances giving rise to urgency and the pleas of fact and law establishing a prima facie case for the interim measures applied for. An applicant must also establish an interest in obtaining the measures sought.

(see paras 22, 52)

2. The issue of the admissibility of the main application should not generally be examined in proceedings relating to an application for interim measures, so as not to prejudge the substance of the case. However, it may be necessary, where it is contended that the main application to which the application for interim measures relates is manifestly inadmissible, to establish whether there are any grounds for concluding prima facie that the main application is admissible.

(see para. 23)

3. An application which does not specify its subject-matter does not meet the criteria laid down in Article 44(1)(d) of the Rules of Procedure of the Court of First Instance to which Article 104(3) of those rules refers and is thus inadmissible.

(see para. 50)
Keywords

Subject of the case

Operative part



Keywords

Actions for annulment – Actionable measures – Meaning – Measures producing binding legal effects (Art. 230 EC; European Parliament and Council Directive 2003/87, Art. 9(3)) (see paras 42, 49, 51)

2. Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them (Art. 230 EC) (see paras 57, 66-67)

Subject of the case

Re:

ACTION for annulment of the Commission Decision of 20 October 2004 concerning the national allocation plan for greenhouse gas emission allowances notified by the Slovak Republic for the period from 2005 to 2007 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

1. The application is dismissed as inadmissible.

2. U.S. Steel Košice s.r.o. is ordered to pay the costs.
Case T-447/04 R

Capgemini Nederland BV

v

Commission of the European Communities

(Public contracts for services – Community tendering procedure – Interim proceedings – Prima facie case – Urgency)

Order of the President of the Court of First Instance, 31 January 2005.

Summary of the order

1. Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Prima facie case – Conclusion of a contract following a call for tenders – Financial evaluation system for tenders – Failure to comply with the administrative instructions of the tender documentation

(Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2))

2. Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage – Decision to reject a bid in a tendering procedure – Financial loss and loss of prestige – Damage not capable of being considered irreparable – Lack of urgency

(Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2))
Order of the Court of First Instance (Third Chamber) of 1 October 2007 – US Steel Košice v Commission

(Case T-489/04)

Action for annulment – Directive 2003/87/EC – Scheme for greenhouse gas emission allowance trading – National allocation plan for emission allowances for Slovakia in respect of the period from 2005 to 2007 – Decision indicating that the Commission has no intention to raise objections – Non-actionable measure – Inadmissibility

1. Actions for annulment – Actionable measures – Meaning – Measures producing binding legal effects (Art. 230 EC; European Parliament and Council Directive 2003/87, Art. 9(3)) (see paras 42, 49, 51)

2. Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them (Art. 230 EC) (see paras 57, 66-67)

Re:

ACTION for annulment of the Commission Decision of 20 October 2004 concerning the national allocation plan for greenhouse gas emission allowances notified by the Slovak Republic for the period from 2005 to 2007 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

1. The application is dismissed as inadmissible.
Keywords

Subject of the case

Operative part



Keywords

Actions for annulment

–

Actionable measures

–

Definition

–

Measures producing binding legal effects (Art. 230 EC; Commission Regulation No 2102/2004) (see paras 45-50

)

Subject of the case

Re:

ACTION for the annulment of Commission Regulation (EC) No 2102/2004 of 9 December 2004 on certain exceptional market support measures for eggs in Italy (OJ 2004 L 365, p. 10), in so far as it fails to provide exceptional market support measures in the poultrymeat sector in accordance with Article 14 of Regulation (EEC) No 2777/75 of the Council of 29 October 1975 on the common organisation of the market in poultrymeat (OJ 1975 L 282, p. 77).

Operative part

Operative part

The Court:

1. Dismisses the action as inadmissible;

2. Orders the Italian Republic to pay the costs.
Keywords

Subject of the case

Operative part



Keywords

Applications for interim measures – Suspension of operation – Interim relief – Conditions of grant – Prima facie case – Serious and irreparable damage – Cumulative requirements – Provisional nature of the measure – Weighing-up of all the interests at stake (Arts 225(1) EC, 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 16-19)

2. Applications for interim measures – Suspension of operation – Conditions of grant – Urgency – Serious and irreparable damage – Burden of proof (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 33-36)

Subject of the case

Re:

APPLICATION for the suspension of operation of Commission Decision C(2005) 3871 final of 20 October 2005 on State aid C 37/2004 (ex NN 51/2004) granted by the Republic of Finland to Componenta Ojy.

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 – Action against a decision confirming a decision not challenged within the time-limits (Art. 230 EC) (see paras 46, 48-49, 54-55, 60)

2. Procedure – Time-limits for bringing actions – Time-barred (see paras 57-58, 60)

Subject of the case

Re:

ACTION for annulment of the Commission’s decisions not to select the tender submitted by the applicant in the context of a call for tenders for the provision of technical assistance for the improvement of the system of Information and Communication Technologies (ICT) of the Turkish National Institute for Statistics and of the decisions rejecting the applicant’s request to renew the decision not to shortlist it.

Operative part

Operative part

The Court:

1. Dismisses the action as inadmissible;

2. Orders the applicant to pay the costs.
Keywords



Keywords

Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Prima facie case – Urgency – Cumulative nature – Weighing-up of all the interests at stake (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 23-25)

2. Applications for interim measures – Conditions of admissibility – Application – Formal requirements (Rules of Procedure of the Court of First Instance, Arts 44(1)(c) and (d)), and 104(2) and (3)) (see paras 30-32, 34)
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; European Parliament and Council Directive 2005/36) (see paras 58-85

)

Subject of the case

Re:

APPLICATION for partial annulment of Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (OJ 2005 L 255, p. 2).

Operative part

Operative part

The Court:

1. Dismisses the action as inadmissible;

2. Finds no need to adjudicate on the applications to intervene;

3. Orders the applicant to bear its own costs and pay the costs of the Parliament and the Council.
Order of the President of the Court of First Instance of 4 April 2006 – Vischim v Commission

(Case T-420/05 R)

Application for interim measures – Application for suspension of operation – Directive 91/414/EEC – Urgency – None

1. Applications for interim measures – Suspension of operation – Interim relief – Conditions of grant – Urgency – Serious and irreparable damage – Meaning (Arts 242 EC and 243 EC; Rules of procedure of the Court of First Instance, Art. 104(2)) (see paras 66, 71, 77)

2. Applications for interim measures – Suspension of operation – Interim relief – Conditions of grant – Urgency – Serious and irreparable damage (Arts 242 EC and 243 EC; Rules of procedure of the Court of First Instance, Art. 104(2)) (see para. 73)

3. Applications for interim measures – Suspension of operation – Interim relief – Conditions of grant – Urgency – Serious and irreparable damage (Arts 242 EC and 243 EC; Rules of procedure of the Court of First Instance, Art. 104(2)) (see para. 81)

4. Applications for interim measures – Suspension of operation – Interim relief – Conditions of grant – Urgency – Serious and irreparable damage (Arts 242 EC and 243 EC; Rules of procedure of the Court of First Instance, Art. 104(2)) (see para. 89)

Re:

APPLICATION (i) for suspension of Commission Directive 2005/53/EC of 16 September 2005 amending Council Directive 91/414/EEC to include chlorothalonil, chlorotuloron, cypermethrin, daminozide and thiophanate-methyl as active substances (OJ 2005 L 241, p. 51) and (ii) for the adoption of certain other interim measures.

Operative part

The Court:

1. Dismisses the application for interim measures;
Order of the Court of First Instance (First Chamber) of 27 September 2006 – Correia de Matos v Parliament

(Case T-440/05)

Application initiating proceedings – Formal requirements – Representation by a lawyer – Manifest inadmissibility

Procedure – Application initiating proceedings – Formal requirements (Statute of the Court of Justice, Arts 19, third para., and 21, first para.; Rules of Procedure of the Court of First Instance, Arts 43(1), first para., 44(3), and 59) (see paras 8-12)

Re:

ACTION for annulment of the decision of the Parliament rejecting the complaint lodged by the applicant against the Portuguese Republic concerning infringement by that Member State of fundamental guarantees protected by Community law, owing to the refusal of its courts to allow an applicant to represent himself before them.

Operative part

The Court:

Dismisses the action as manifestly inadmissible;
Order of the Court of First Instance (Second Chamber) of 29 August 2007 – SELEX Sistemi Integrati v Commission

(Case T-186/05)

Action for damages – Non-contractual liability – Competition – Decision of the Commission rejecting a complaint under Article 82 EC – Action in part manifestly inadmissible and in part manifestly without foundation in law – Actual loss

1. Non-contractual liability – Damage – Damage for which compensation due (Art. 288, second para., EC) (see paras 15-16)

2. Non-contractual liability – Conditions – Actual and certain damage – Burden of proof (Art. 288, second para., EC) (see paras 20, 27, 33, 36)

Re:

ACTION for damages for the loss allegedly suffered by the applicant as a result of the decision of the Commission of 12 February 2004 rejecting the complaint brought by the applicant against Eurocontrol in respect of alleged infringements of the provisions of the EC Treaty on competition.

Operative part

The Court:

Dismisses the action as in part manifestly inadmissible and in part manifestly without foundation in law;
Keywords

Subject of the case

Operative part



Keywords

Community trade mark

–

Procedural provisions (Commission Regulation No 2868/95, Art. 1, Rules 61(2), 62(1) and (3) and 68) (see paras 22, 25-26, 28

)

Subject of the case

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 26 September 2005 (Case R 1109/2004-1), concerning registration of a mark in the form of five parallel stripes placed on the lateral part of a representation of a shoe as a Community trade mark.

Information relating to the case

>lt>5

Operative part

Operative part

The Court:

1. Dismisses the action as inadmissible;

2. Orders the applicant to pay the costs.
Keywords

Subject of the case

Operative part



Keywords

Community trade mark

–

Definition and acquisition of the Community trade mark

–

Absolute grounds for refusal

–

Marks devoid of any distinctive character (Council Regulation No 40/94, Art. 7(1)(b)) (see paras 24-25, 27, 29

)

Subject of the case

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 10 February 2006 (Case R 303/2004-2), refusing registration as a Community trade mark of a figurative mark in the colour blue representing a saw blade.

Operative part

Operative part

The Court:

1. Dismisses the action as manifestly lacking any foundation in law;

2. Orders Kapman AB to pay the costs.
Keywords

Subject of the case

Operative part



Keywords

Actions for annulment – Judgment annulling a measure – Effets – Obligation to adopt measures to comply with the judgment (Art. 233 EC) (see paras 28-30)

2. European Parliament – Regulation governing the payment of expenses and allowances to Members of the European Parliament (see paras 41-46)

3. Procedure – Res judicata – Scope (see paras 49-51)

4. Procedure – Production before the Court of First Instance of opinions given by the legal services of the Community institutions before the Court of First Instance – Conditions (see para. 68)

Subject of the case

Re:

ANNULMENT of the decision of the Secretary-General of the European Parliament of 22 March 2006 adopted in consequence of the Court of First Instance’s judgment of 22 December 2005 in Case T-146/04 Gorostiaga Atxalandabaso v Parliament [2005] ECR II‑5989.

Operative part

Operative part

The Court:

1. Dismisses the action;

2. Orders the applicant, Koldo Gorostiaga Atxalandabaso, to pay the costs.
Keywords



Keywords

Actions for annulment – Actionable measures – Definition – Measures producing binding legal effects (Art. 230 EC; Commission Regulation No 451/2000, Art. 8(7); Council Directive No 91/414) (see paras 43-44, 49-50)

2. Plea of illegality – Incidental nature – Main action inadmissible (Art. 241 EC) (see paras 71-72)

3. Procedure – Application initiating proceedings – Formal requirements (Statute of the Court of Justice, Arts 21, first para., and 53, first para.; Rules of Procedure of the Court of First Instance, Art. 44(1)) (see paras 77-79, 81-82)

4. Procedure – Measures of organisation of procedure – Request for production of documents (Rules of Procedure of the Court of First Instance, Art. 64(3)(d) and (4) (see paras 86-88)
Keywords



Keywords

Actions for annulment – Actionable measures – Definition – Measures producing binding legal effects (Art. 230 EC; Commission Regulation No 451/2000, Art. 8(7); Council Directive No 91/414) (see paras 40-41, 46-47)

2. Plea of illegality – Incidental nature – Main action inadmissible (Art. 241 EC) (see paras 63-64)

3. Procedure – Application initiating proceedings – Formal requirements (Statute of the Court of Justice, Arts 21, first para., and 53, first para.; Rules of Procedure of the Court of First Instance, Art. 44(1)) (see paras 69-71, 73-74)

4. Procedure – Measures of organisation of procedure – Request for production of documents (Rules of Procedure of the Court of First Instance, Art. 64(3)(d) and (4)) (see paras 78-80)
Order of the President of the Court of First Instance of 12 May 2006 – Gollnisch v Parliament

(Case T-42/06 R)

Application for interim measures – Act of the Parliament – Defence of immunity of a Member of Parliament – Application for suspension of operation – Admissible

Applications for interim measures – Suspension of operation – Conditions of grant – Interest of the applicant in obtaining the suspension sought (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 28, 30)

Re:

APPLICATION for suspension of the operation of the European Parliament’s Decision of 13 December 2005 not to defend the immunity and privileges of Mr Gollnisch.

Operative part

The Court:

1. Rejects the application for interim relief;
Keywords



Keywords

Actions for annulment – Actionable measures – Definition – Measures producing binding legal effects (Art. 230 EC; Council Directive 91/414, Annex I; Council Decision 1999/468, Art. 5(6), second para.) (see paras 31, 44-45)

2. Actions for failure to act – Institution not called upon to act (Art. 232, second para., EC) (see paras 49-50)
Order of the Court of First Instance (Fourth Chamber) of 9 July 2007 – wheyco v Commission

(Case T-6/06)

State aid – Incentive element – Action for annulment – Act producing legal effects – Legal interest in bringing proceedings – Inadmissibility

Actions for annulment – Interest in bringing proceedings – Action by State aid beneficiary against the Commission decision declaring it compatible with the common market (Art. 230 EC) (see paras 89-105)

Re:

ACTION for annulment in part of the Commission’s decision of 6 September 2005 relating to State aid No N 363/2005 for the construction of a whey refining plant in Mecklenburg-Western Pomerania (Germany) (OJ 2005 C 262, p. 5).

Operative part

The Court:

Dismisses the action as inadmissible;
Order of the President of the Court of First Instance of 1 March 2007 – Dow AgroSciences v EFSA

(Case T‑397/06 R)

Applications for interim measures – Application for suspension of operation of a measure – Directive 91/414/EEC – European Food safety Authority – Inadmissibility

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 33, 54)

Re:

APPLICATION for suspension of operation of the act of EFSA of 28 July 2006, updated on 6 October 2006, concerning the evaluation of the active substance haloxyfop-R for the purposes of Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant-protection products on the market (OJ 1991 L 230, p. 1), and for the grant of other interim measures.

Operative part

The Court:

Rejects the application for interim measures;
Order of the Court of First Instance (Second Chamber) of 17 June 2008 – FMC Chemical v EFSA

(Case T-312/06)

Action for annulment – Action for damages – Directive 91/414/EEC – Plant protection products – Opinion of the European Food Safety Authority – Non-actionable measure – Preparatory measure – Inadmissibility

1. Actions for annulment – Actionable measures – Definition – Measures producing binding legal effects (Art. 230 EC; Commission Regulation No 451/2000, Art. 8(7); Council Directive No 91/414) (see paras 43-44, 49-50)

2. Plea of illegality – Incidental nature – Main action inadmissible (Art. 241 EC) (see paras 71-72)

3. Procedure – Application initiating proceedings – Formal requirements (Statute of the Court of Justice, Arts 21, first para., and 53, first para.; Rules of Procedure of the Court of First Instance, Art. 44(1)) (see paras 77-79, 81-82)

4. Procedure – Measures of organisation of procedure – Request for production of documents (Rules of Procedure of the Court of First Instance, Art. 64(3)(d) and(4)) (see paras 86-88)

Re:

APPLICATION for (i) annulment of the opinion of EFSA of 28 July 2006 on the assessment of the active substance carbosulfan under Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (OJ 1991 L 230, p. 1), and (ii) compensation for the damage sustained.

Operative part

The Court:

1. Dismisses the action;
Order of the Court of First Instance (Sixth Chamber) of 6 October 2008 – Austrian Relief Program v Commission

(Case T-235/06)

Application for annulment – Community financing of a project for the improvement of living standards in the former Yugosalvia to promote the return of refugees and displaced persons – Obnova Programme – Arbitration clause – Debit note – Inadmissible

1. Procedure – Legal basis of an action – Choice a matter for the applicant and not the Community judicature (see paras 32-33)

2. Actions for annulment – Action relating in reality to a contractual dispute – Reclassification of the action – Exclusion (Arts 230 EC, 238 EC and 249 EC) (see paras 34-39)

Re:

APPLICATION for annulment of the debit note of 4 May 2006 by which the Commission sought repayment from the applicant of sums paid in performance of the contract concerning Community financing of the project ‘Republika Srpska 1998: Improvement of living standards to promote the return of refugees and displaced persons’ (Contract RE/YOU/03/04/98), concluded within the framework of the Obnova Programme.

Operative part

The Court:

1. Dismisses the application.