ddrg/super_eurlex huggingface dataset:
Order of the Court of First Instance (First Chamber) of 25 June 2007 – Drax Power and Others v Commission

(Case T-130/06)

Action for annulment – Environment – Directive 2003/87/EC – Scheme for greenhouse gas emission allowance trading – Proposed amendment to national allocation plan – Refusal by the Commission – Inadmissibility

Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them – Direct concern – Criteria (Art. 230 EC; European Parliament and Council Directive 2003/87, Arts 9(1) and (3), and 11(1)) (see paras 48, 56-58)

Re:

ACTION for annulment of Commission Decision C(2006) 426 final of 22 February 2006 concerning the proposed amendment to the national allocation plan for the allocation of greenhouse gas emission allowances notified by the United Kingdom in accordance with Directive 2003/87/EC of the European Parliament and of the Council.

Operative part

The Court:

Dismisses the application as inadmissible;
Order of the Court of First Instance (Fifth Chamber) of 12 January 2007 – SPM v Commission

(Case T-104/06)

Common organisation of the markets – Bananas – Scheme for the import of bananas originating in ACP countries to the European Union – Regulation (EC) No 219/2006 – Action for annulment – Locus standi – Inadmissibility

1. Actions for annulment – Interest in bringing proceedings (Art. 233 EC) (see paras 52-54, 57, 59)

2. Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them (Art. 230, fourth para., EC; Commission Regulation No 219/2006) (see paras 66, 69, 71, 77)

3. European Communities – Judicial review of the legality of the acts of the institutions (Arts 230, fourth para., EC, 234 EC, 235 EC, 241 EC and 288, second para., EC) (see paras 81-83)

Re:

ACTION for annulment of Commission Regulation (EC) No 219/2006 of 8 February 2006 opening and providing for the administration of the tariff quota for bananas falling under CN code 0803 00 19 originating in ACP countries for the period 1 March to 31 December 2006 (OJ 2006 L 38, p. 22).

Operative part

The Court:

Dismisses the action as inadmissible;
Order of the Court of First Instance (Third Chamber) of 7 September 2007 – González Sánchez v OHIM – Bankinter (ENCUENTA)

(Case T-49/06)

Community trade mark – Opposition proceedings – Article 63(4) of Regulation (EC) No 40/94 – Lack of standing to bring proceedings – Inadmissibility

Community trade mark – Appeals procedure – Appeals before the Community judicature – Persons entitled to appeal and to be parties to the proceedings (Council Regulation No 40/94, Art. 63(4)) (see paras 22-24)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 16 December 2005 (Case R 1116/2005-2) concerning opposition proceedings between Bankinter SA and the Confederación Española de Cajas de Ahorros.

Information relating to the case

Applicant for the Community trade mark: Confederación Española de Cajas de Ahorros Community trade mark sought: Word mark ENCUENTA for goods and services in Classes 16, 36 and 38 – Application No 2534584 Proprietor of the mark or sign cited in the opposition proceedings: Bankinter, SA Mark or sign cited in opposition: Figurative Community mark ecuenta ebankinter for goods and services in Classes 16, 36 and 38 – Application No 2396760 Decision of the Opposition Division : Opposition upheld and application for registration dismissed Decision of the Board of Appeal: Appeal inadmissible





Operative part

1. The action is dismissed as inadmissible.
Order of the Court of First Instance (First Chamber) of 14 July 2008 – Calebus v Commission

(Case T-366/06)

Action for annulment – Directive 92/43/EEC – Conservation of natural habitats and of wild fauna and flora – Decision 2006/613/EC – List of sites of Community importance for the Mediterranean biogeographical region – Challengeable act – Lack of direct effect – Inadmissible

1. Actions for annulment – Actionable measures – Meaning – Measures producing binding legal effects (Art. 230, first para., EC; Council Directive 92/43, Arts 4(2), 5 and 6; Commission Decision 2006/613, Art. 1, second para., and Annexes 1, 2 and 3) (see paras 26-30)

2. Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them (Art. 230, fourth para., EC; Council Directive 92/43, Arts 4(5) and 6; Commission Decision 2006/613, Annex 1) (see paras 39-44, 46)

3. Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them (Art. 230, fourth para., EC) (see para. 45)

Re:

Partial annulment of Commission Decision 2006/613/EC of 19 July 2006 adopting, pursuant to Council Directive 92/43/EEC, the list of sites of Community importance for the Mediterranean biogeographical region (OJ 2006 L 259, p. 1), in so far as it declares the site designated as ‘Ramblas de Gergal, Tabernas y Sur de Sierra Alhamilla’, which includes land belonging to the applicant, to be a site of Community importance for the Mediterranean biogeographical region.

Operative part

The Court:

1. Dismisses the action as inadmissible;

2. Orders Calebus SA to bear its own costs and to pay those of 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 EC; European Parliament and Council Directive No 2003/87, Art. 9(3)) (see paras 55, 79-80

)

Subject of the case

Re:

ACTION for annulment of the Commission Decision of 29 November 2006 on the national allocation plan for the allocation of emissions allowances for greenhouse gases notified by the Slovak Republic 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

1. The application is dismissed as inadmissible.

2. U.S. Steel Košice s.r.o is ordered to pay the costs.
Keywords

Subject of the case

Operative part



Keywords

Actions for annulment – Time-limits – Mandatory – Examination of the Court of First Instance’s own motion (Art. 230, fifth para., EC) (see paras 6-7)

2. Actions for annulment – Time-limits – Point from which time starts to run – Date of publication – Date on which a measure came to the knowledge of the applicant – Subsidiary nature (Art. 230, fifth para., EC) (see paras 8-9)

Subject of the case

Re:

ACTION for annulment of Council Regulation (EC) No 2252/2004 of 13 December 2004 on standards for security features and biometrics in passports and travel documents issued by Member States (OJ 2004 L 385, p. 1).

Operative part

Operative part

The Court:

1. Dismisses the action;

2. Orders the applicants to bear their own costs,
Keywords

Subject of the case

Operative part



Keywords

Applications for interim measures – Interim measures – Conditions for granting – Prima facie case – Urgency – Cumulative nature – Balancing of all the interests involved (Arts 225 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 11-14)

2. Procedure – Application initiating proceedings – Formal requirements (Rules of Procedure of the Court of First Instance, Arts 44(1)(c) and 104(3)) (see para. 15)

Subject of the case

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

Operative part

The Court:

1. Dismisses the application for interim measures;

2. Reserves the costs.
Keywords

Subject of the case

Operative part



Keywords

Community trade mark

–

Procedural provisions

–

Notification

–

Defects in service (Commission Regulation No 2868/95, Art. 1, Rule 68) (see paras 30-33

)

Subject of the case

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 19 July 2007 (Case R 876/2006-4) concerning opposition proceedings between the Fédération française de tennis (FFT) and Mr Dimitrios Kaloudis.

Information relating to the case

>lt>13

Operative part

Operative part

The Court:

1. Dismisses the action as being in part manifestly lacking any foundation in law and in part manifestly inadmissible.

2. Orders Mr Dimitrios Kaloudis to pay the costs.
Keywords

Subject of the case

Operative part



Keywords

Procedure – Legal basis of an action – Choice a matter for the applicant not the Community judicature (see para. 19)

2. Actions for annulment – Action relating in reality to a contractual dispute – Lack of jurisdiction of the Community judicature – Inadmissibility (Arts 230 EC and 238 EC) (see paras 21-22, 27-30)

3. Actions for annulment – Action relating in reality to a contractual dispute – Reclassification of the action – Inadmissibility (Arts 230 EC and 238 EC; Rules of Procedure of the Court of First Instance, Art. 44(1)(c)) (see paras 32-34)

4. Procedure – Application initiating proceedings – Formal requirements – Brief summary of the pleas in law on which the application is based (Rules of Procedure of the Court of First Instance, Art. 44(1)(c) and (d)) (see paras 39-41)

5. Non-contractual liability – Conditions – Unlawfulness – Damage – Causal link (Art. 288, second para., EC; Rules of Procedure of the Court of First Instance, Art. 44(1)(c) and (d)) (see paras 45-47)

Subject of the case

Re:

APPLICATION for, first, annulment of the decision adopted by the Commission following an audit report by the European Anti-Fraud Office (OLAF) to recover, by way of the debit note of 17 January 2007, payments made in the framework of the contract, reference number IST-1999-10934-Assist relating to the ‘Knowledge for Help Desk Operators’ programme, concluded in the context of the Fifth Framework Programme of the Community for research, technological development and demonstration activities (1998-2002) in the field of user-friendly information, second, a request for payment of EUR 34 368 in respect of an instalment of a grant still to be paid under the contract and, third, a claim for compensation for damage allegedly suffered by the applicant as a result of that decision.

Operative part

Operative part

The Court:

1. Dismisses the action;

2. Orders Imelios SA to bear its own costs and pay those incurred by the Commission.
Keywords

Subject of the case

Operative part



Keywords

Procedure

–

Application initiating proceedings

–

Formal requirements

–

Conditions relating to a signatory (Statute of the Court of Justice, Art. 19, third and fourth paras; Rules of Procedure of the Court of First Instance, Art. 43(1), first para.) (see paras 14-22

)

Subject of the case

Re:

ACTION for annulment of Commission Decision C(2006) 4963 final of 24 October 2006 relating to a syndicated credit facility, and a loan, granted in the context of the construction by Framatone ANP of a nuclear power plant for Teollisuuden Voima Oy.

Operative part

Operative part

1. The action is dismissed as manifestly inadmissible.

2. European Renewable Energies Federation ASBL (EREF) shall bear its own costs and pay those of the Commission of the European Communities.
Keywords

Subject of the case

Operative part



Keywords

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

)

Subject of the case

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

>lt>22

Operative part

Operative part

1. The action is dismissed.

2. Longevity Health Products, Inc. is ordered to pay the costs.
Order of the President of the Court of First Instance of 16 November 2007 –

Dimos Peramatos v Commission

(Case T-312/07 R)

Application for interim measures – Decision to recover financial assistance – Application for suspension of operation of a measure – Admissibility – Lack of urgency

1. 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 10-11)

2. Applications for interim measures – Suspension of operation of a measure – Conditions of admissibility – Prima facie admissibility of the main action (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 22-24)

3. Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Serious and irreparable damage (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 34-36)

Re:

APPLICATION for suspension of operation of Commission Decision C(2005) 5361, of 7 December 2005, concerning the recovery of financial assistance paid in the context of a subsidy granted to the Dimos Peramatos (Commune of Perama) by Decision C 97/1997/final of 17 July 1997.

Operative part

The Court:

1. Dismisses the application for interim measures;
Order of the Court of First Instance (Eighth Chamber) of 4 April 2008 – Kulykovska-Pawlowski and Others v Parliament and Council

(Case T-503/07)

Actions for annulment – Period allowed for commencing proceedings – Manifest inadmissibility

1. Actions for annulment – Time-limits – Mandatory – Examination of the Court of First Instance’s own motion (Art. 230, fifth para., EC) (see paras 6-7)

2. Actions for annulment – Time-limits – Point from which time starts to run – Date of publication – Date on which a measure came to the knowledge of the applicant – Subsidiary nature (Art. 230, fifth para., EC) (see paras 8-9)

Re:

ACTION for annulment of Council Regulation (EC) No 2252/2004 of 13 December 2004 on standards for security features and biometrics in passports and travel documents issued by Member States (OJ 2004 L 385, p. 1).

Operative part

The Court:

1. Dismisses the action;
Order of the President of the Court of First Instance of 19 February 2008 – CPEM v Commission

(Case T-444/07 R)

Interim measures – Application for stay of execution – Submission of the application – Inadmissibility – Association – Financial loss – Lack of urgency

1. Applications 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) and (3)) (see paras 24-25, 30-33)

2. Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Urgency – Serious and irreparable damage – Financial loss – Situation which could jeopardise the existence of the applicant company (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 36-43)

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 50-52)

Re:

APPLICATION for stay of execution of debit note No 3240912189 of 17 December 2007 relating to Commission Decision C(2007) 4645 of 4 October 2007 cancelling the assistance from the European Social Fund (ESF) granted to CPEM by Decision C(1999) 2645 of 17 August 1999.

Operative part

The Court:

1. Dismisses the application for interim measures;
Order of the Court of First Instance (Fourth Chamber) of 3 November 2008 – Union nationale de l’apiculture française and Others v Commission

(Case T-403/07)

Action for annulment – Directive 91/414/EEC – Plant protection products – Directive 2007/52/EC – Not individually concerned – Inadmissibility

1. Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them (Art. 230, fourth para., EC; Council Directive No 91/414; Commission Directive No 2007/52) (see paras 39-52)

2. European Communities – Judicial review of the legality of the acts of the institutions – Measures of general scope – Need for natural or legal persons to have recourse to a plea of illegality or a reference for a preliminary ruling on validity (Arts 230, fourth para., EC, 234 EC and 241 EC) (see paras 53-55)

3. Preliminary rulings – Assessment of validity – Declaration of invalidity of a Community measure – Effects (Arts 233 EC and 234 EC) (see para 56)

Re:

APPLICATION for annulment of Commission Directive 2007/52/EC of 16 August 2007 amending Council Directive 91/414/EEC to include ethoprophos, pirimiphos-methyl and fipronil as active substances (OJ 2007 L 214, p. 3).

Operative part

The Court:

1. Dismisses the action as inadmissible;

2. Orders that there is no need to rule on the applications to intervene;
Subject of the case

Operative part



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 Cementownia ‘Warta’ S.A. to bear its own costs and pay those of the Commission.
Order of the Court of First Instance (Third Chamber) of 28 April 2009 – Tailor v OHIM (Representation of a left pocket)

(Case T-282/07)

Community trade mark – Application for Community figurative mark representing a left pocket – Absolute ground for refusal – Absence of distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94 – Action manifestly devoid of any legal basis

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 20-24)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 15 May 2007 (Case R 669/2006-1), concerning registration as a Community trade mark of a figurative sign representing a left pocket.

Operative part

1. The action is dismissed as manifestly devoid of any legal basis.
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 – Cumulative nature (Arts 225 EC, 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 16-18)

2. Application for interim measures – Suspension of operation of a measure – Conditions for granting – Prima facie case – Prima facie examination of the pleas raised in support of the main action – Commission decision to exclude a later candidature from a tendering procedure (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2); Commission Regulation No 2342/2002, Arts 140, 143 and 145) (see paras 31-45)

3. Application for interim measures – Suspension of operation of a measure – Conditions for granting – Prima facie case – Prima facie examination of the pleas raised in support of the main action – Commission decision to exclude a later candidature from a tendering procedure (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2); Commission Regulation No 2342/2002, Arts 123(1) and (3) and 145) (see paras 47-53)

4. 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 67-68, 70-72)

5. Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 73-77)

6. Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Serious and irreparable damage – Financial loss (Arts 242 EC, 243 EC and 288 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 78- 80)

Subject of the case

Re:

APPLICATION for interim measures, essentially to permit the Centre de langues à Louvain-la-Neuve et -en-Woluwe (CLL Centres de Langues) to participate in the tendering procedure ADMIN/D1/PR/2008/004 regarding the contract ‘Language training for staff at the European Union (EU) institutions, bodies and agencies in Brussels’ and to suspend the Commission’s decision to exclude it until the Court has ruled on the action for annulment of that decision.

Operative part

Operative part

The Court:

1. Rejects 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 (Arts 225(1) EC, 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 19-21)

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 24-25, 32-34)

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 – Suspension of operation of a measure – Interim measures – Conditions for granting – ‘Prima facie case’ – Urgency – Cumulative nature – Order of examination and method of verification – Discretion of the judge dealing with the application for interim relief (Arts 225 EC, 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 23-26)

2. Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Urgency – Serious and irreparable damage – Financial loss – Burden of proof – Realisation of the damage depending on future and uncertain events (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 35, 43-47)

3. Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Urgency – Serious and irreparable damage – Financial loss – Uncertainty concerning reparation of the damage in the context of a possible action for damages (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see para. 42)

4. Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Urgency – Serious and irreparable damage – Financial loss – Substantial and irreversible alteration of market conditions – Criteria for assessment – Burden of proof (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 48-51)

Subject of the case

Re:

APPLICATION for suspension of operation of Article 4(2) of Commission Decision C(2008) 3435 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

Operative part

The Court:

1. Dismisses the application for interim measures;

2. Reserves the costs.