ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 346/42

Order of the General Court of 25 October 2010 — Inuit Tapiriit Kanatami and Others v Parliament and Council

(Case T-18/10 R II)

(Applications for interim measures - Regulation (EC) No 1007/2009 - Trade in seal products - Ban on import and sale - Exception in favour of Inuit communities - Second application for suspension of operation of a measure - New facts - No urgency)

2010/C 346/85

Language of the case: English

Parties

Applicants: Inuit Tapiriit Kanatami (Ottawa, Canada), Nativak Hunters and Trappers Association (Qikiqtarjuaq, Canada), Pangnirtung Hunters’ and Trappers’ Association (Pangnirtung, Canada), Jaypootie Moesesie (Qikiqtarjuaq), Allen Kooneeliusie (Qikiqtarjuaq), Toomasie Newkingnak (Qikiqtarjuaq), David Kuptana (Ulukhaktok, Canada), Karliin Aariak (Iqaluit, Canada), Canadian Seal Marketing Group (Quebec, Canada), Ta Ma Su Seal Products (Cap-aux-Meules, Canada), Fur Institute of Canada (Ottawa), NuTan Furs, Inc. (Catalina, Canada), GC Rieber Skinn AS (Bergen, Norway), Inuit Circumpolar Conference Greenland (ICC) (Nuuk, Greenland, Denmark), Johannes Egede (Nuuk), Kalaallit Nunaanni Aalisartut Piniartullu Kattuffiat (KNAPK) (Nuuk) (represented by: J. Bouckaert and H. Viaene, lawyers)

Defendants: European Parliament (represented by: I. Anagnostopoulou and L. Visaggio, acting as Agents); and Council of the European Union (represented by: M. Moore and K. Michoel, acting as Agents)

Interveners in support of the defendants: European Commission (represented by: É. White, P. Oliver and K. Mifsud-Bonnici, acting as Agents); and Kingdom of the Netherlands (represented by: C. Wissels, Y. de Vries, J. Langer and M. Noort, acting as Agents)

Re:

Application for suspension of the operation of Regulation (EC) No 1007/2009 of the European Parliament and of the Council of 16 September 2009 on trade in seal products (OJ 2009 L 286, p. 36).

Operative part of the order

1. The application for interim measures is dismissed.

2. The order of the President of the General Court of 19 August 2010 in Case T-18/10 R II Inuit Tapiriit Kanatami and Others v Parliament and Council, not published in the ECR, is cancelled.
EN Official Journal of the European Union C 152/22

Order of the President of the General Court of 17 February 2011 — Gas Natural Fenosa SDG v Commission

(Case T-484/10 R)

(Interim measures - State aid - Compensation for the additional production costs of certain power plants arising from the public service obligation to produce certain volumes of electricity out of indigenous coal and implementation of a ‘preferential dispatch mechanism’ in their favour - Decision not to raise objections - Application for suspension of operation - Prima facie case - Lack of urgency - Weighing of the interests)

2011/C 152/40

Language of the case: Spanish

Parties

Applicant: Gas Natural Fenosa SDG, SA (Madrid, Spain) (represented by: F. González Díaz and F. Salerno, lawyers)

Defendant: European Commission (represented by: É. Gippini Fournier and C. Urraca Caviedes, acting as Agents)

Intervener in support of the defendant: Kingdom of Spain (represented by: J.M. Rodríguez Cárcamo, acting as Agent)

Re:

Application for interim measures seeking, in essence, an order for the suspension of operation of Commission Decision C(2010) 4499 of 29 September 2010 relating to State aid No N 178/2010 notified by the Kingdom of Spain in the form of a public service compensation linked to a preferential dispatch mechanism in favour of electricity power plants which use indigenous coal

Operative part of the order

1. The application for leave to intervene lodged by the Cámara Oficial de Comercio, Industria y Navegación de A Coruña is dismissed.

2. E.ON Generación, SL, Hidroeléctrica del Cantábrico SA and the Federación Nacional de Empresarios de Minas de Carbón are granted leave to intervene in support of the form of order sought by the European Commission.

3. The order of the President of the General Court of 3 November 2010 in Case T-484/10 R Gas Natural Fenosa SDG v Commission, not published in the ECR, is cancelled.

4. A period shall be fixed for Gas Natural Fenosa SDG, the Commission and the Kingdom of Spain to request that certain confidential information in the file and in the present order be excluded from communication to the parties referred to in point 2 of this operative part and to provide, for the purposes of that communication, a non-confidential version of the documents in the file and of the present order.
EN Official Journal of the European Union C 113/13

Order of the General Court of 3 February 2011 — Abercrombie & Fitch Europe v OHIM — Gilli (GILLY HICKS)

(Case T-336/10) (1)

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

2011/C 113/27

Language of the case: English

Parties

Applicant: Abercrombie & Fitch Europe SA (Mendrisio, Switzerland) (represented by: S. Malynicz, Barrister, and D. Stone and L. Ritchie, Solicitors)

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

Other party to the proceedings before the Board of Appeal of OHIM: Gilli Srl (Milan, Italy)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 20 May 2010 (Case R 832/2008-1) concerning opposition proceedings between Gilli Srl and Abercrombie & Fitch Europe SA

Operative part of the order

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

2. The defendant shall bear its own costs and pay the defendant’s.

(1) OJ C 274, 9.10.2010.
EN Official Journal of the European Union C 219/21

Order of the General Court of 7 June 2011 — Arcelor Mittal Espãna v Commission

(Case T-399/10) (1)

2011/C 219/34

Language of the case: English

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

(1) OJ C 301, 6.11.2010
EN Official Journal of the European Union C 173/15

Order of the General Court of 15 April 2011 — Amor v OHIM — Jablonex Group (AMORIKE)

(Case T-371/10) (1)

2011/C 173/33

Language of the case: English

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

(1) OJ C 288, 23.10.2010.
EN Official Journal of the European Union C 282/21

Order of the General Court of 18 July 2011 — Marcuccio v Commission

(Case T-450/10 P) (1)

(Appeal - Civil service - Officials - Reasonable period of time within which to bring a damages claim - Lateness - Appeal partly manifestly inadmissible and partly manifestly unfounded)

2011/C 282/42

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, assisted by A. Dal Ferro, lawyer)

Re:

Appeal brought against the order of the Civil Service Tribunal of the European Union (First Chamber) of 9 July 2010 in Case F-91/09 Marcuccio v Commission, not yet published in the ECR, and seeking to annul that order.

Operative part of the order:

1. The appeal is dismissed.

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

(1) OJ C 317, 20.11.2010.
EN Official Journal of the European Union C 282/20

Order of the President of the General Court of 15 July 2011 — Fapricela v Commission

(Case T-398/10 R)

(Application for interim measures - Competition - Decision of the Commission imposing a fine - Bank guarantee - Application to suspend operation - Financial damage - Lack of exceptional circumstances - Lack of urgency)

2011/C 282/41

Language of the case: Portuguese

Parties

Applicant: Fapricela — Indústria de Trefilaria, SA (Ançã, Portugal) (represented by: M. Gorjão-Henriques and S. Roux, lawyers)

Defendant: European Commission (represented by: F. Castillo de la Torre, P. Costa de Oliveira and V. Bottka, agents, assisted by M. Marques Mendes, lawyer)

Re:

Application to suspend the operation of Commission Decision C(2010) 4387 final of 30 June 2010 relating to a proceeding under Article 101 TFEU and Article 53 of the EEA Agreement (Case COMP/38.344 — Pre-stressing steel), inter alia in so far as it imposes the obligation to set up a bank guarantee in order to avoid immediate recovery of the fine imposed under Article 2 of that decision.

Operative part of the order

1. The application for interim measures is dismissed.
EN Official Journal of the European Union C 347/32

Order of the General Court of 11 October 2011 — DBV v Commission

(Case T-297/10) (1)

(Action for annulment - Dumping - Imports of certain aluminium wheels originating in China - Rights of defence - Calculation of normal value - Proportionality - Action in part manifestly inadmissible and in part manifestly lacking any foundation in law)

2011/C 347/54

Language of the case: German

Parties

Applicant: DBV Deutscher Brennstoffvertrieb Würzburg GmbH (Würzburg, Germany) (represented by: C. Rudolph and A. Günther, lawyers)

Defendant: European Commission (represented by: H. van Vliet and T. Maxian Rusche, Agents)

Re:

Application for annulment of Commission Regulation (EU) No 404/2010 of 10 May 2010 imposing a provisional anti-dumping duty on imports of certain aluminium wheels originating in the People’s Republic of China (OJ 2010 L 117, p. 64).

Operative part of the order

1. The action is dismissed.

2. DBV Deutscher Brennstoffvertrieb Würzburg GmbH is ordered to pay the costs.

(1) OJ C 246, 11.9.2010.
EN Official Journal of the European Union C 331/22

Order of the General Court of 9 September 2011 — Biodes v OHIM — Manasul Internacional (BIESUL)

(Case T-597/10) (1)

(Community trade mark - Opposition proceedings - Revocation of the decision of the Board of Appeal - Cessation of existence of dispute - No need to adjudicate)

2011/C 331/43

Language of the case: Spanish

Parties

Applicant: Biodes, SL (Madrid, Spain) (represented by: E. Manresa Medina, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Manasul Internacional, SL

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 23 September 2010 (Case R 1519/2009-1) concerning opposition proceedings between Manasul Internacional, SL and Biodes, SL.

Operative part of the order

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

2. The Office for Harmonisation in the Internal Market (Trade Marks and Designs)(OHIM) shall bear the costs.

(1) OJ C 80, 12.3.2011.
EN Official Journal of the European Union C 133/25

Order of the General Court of 21 March 2012 — Telefónica v Commission

(Case T-228/10) (1)

(Action for annulment - State aid - Aid schemes allowing for the tax amortisation of financial goodwill for foreign shareholding acquisitions - Decision declaring the aid scheme incompatible with the common market and not ordering the recovery of aid - Act entailing implementing measures - Lack of individual concern - Inadmissibility)

2012/C 133/49

Language of the case: Spanish

Parties

Applicant: Telefónica, SA (Madrid, Spain) (represented by: J. Ruiz Calzado, M. Núñez-Müller and J. Domínguez Pérez, lawyers)

Defendant: European Commission (represented by: R. Lyal and C. Urraca Caviedes, Agents)

Re:

Application for annulment of Article 1(1) of Commission Decision 2011/5/EC of 28 October 2009 on the tax amortisation of financial goodwill for foreign shareholding acquisitions C 45/07 (ex NN 51/07, ex CP 9/07) implemented by Spain (OJ 2011 L 7, p. 48).

Operative part of the order

1. The action is dismissed.

2. Telefónica, SA is ordered to pay the costs.

(1) OJ C 195, 17.7.2010.
2.

There is no need to adjudicate on the applications for leave to intervene of Vesteda Groep BV, the Netherlands Vereniging van Institutionele Beleggers in Vastgoed, the Société wallonne du logement, the Union sociale pour l’habitat and The European Liaison Committee for Social Housing (Cecodhas);
EN Official Journal of the European Union C 26/45

Order of the General Court of 27 November 2012 — ADEDY and Others v Council

(Case T-541/10) (1)

(Actions for annulment - Decisions addressed to a Member State with a view to remedying a situation of excessive deficit - No direct concern - Inadmissibility)

2013/C 26/88

Language of the case: Greek

Parties

Applicants: Anotati Dioikisi Enoseon Dimosion Ypallilon (ADEDY), (Athens, Greece); Spyridon Papaspyros (Athens); and Ilias Iliopoulos (Athens) (represented by: M.-M. Tsipra, lawyer)

Defendant: Council of the European Union (represented by: T. Middleton, A. De Gregorio Merino and E. Chatziioakeimidou, acting as Agents)

Intervening party in support of the Defendant: European Commission (represented by: B. Smulders, J. P. Keppenne and M. Konstantinidis, acting as Agents)

Re:

Application for annulment, firstly, of Council Decision 2010/320/EU of 10 May 2010 addressed to Greece with a view to reinforcing and deepening fiscal surveillance and giving notice to Greece to take measures for the deficit reduction judged necessary to remedy the situation of excessive deficit (OJ 2010 L 145, p. 6; corrigendum OJ 2011 L 209, p. 63) and, secondly, of Council Decision 2010/486/EU of 7 September 2010 amending Decision 2010/320/EU (OJ 2010 L 241, p. 12).

Operative part of the order

1. The action is dismissed.

2. Orders Anotati Dioikisi Enoseon Dimosion Ypallilon (ADEDY), Mr Spyridon Papaspyros and Mr Ilias Iliopoulos to bear their own costs as well as those incurred by the Council of the European Union.

3. Orders the European Commission to bear its own costs.

(1) OJ C 30, 29.1.2011.
EN Official Journal of the European Union C 250/20

Order of the General Court of 26 June 2012 — Solae v OHIM — Delitaste (alpha taste)

(Case T-145/10) (1)

2012/C 250/37

Language of the case: Greek

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

(1) OJ C 148, 5.6.2010.
EN Official Journal of the European Union C 135/34

Order of the General Court of 10 March 2014 — Magnesitas de Rubián and Others v Commission

(Case T-430/10) (1)

((Environment - Integrated pollution prevention and control - Reference Document on Best Available Techniques in the Cement, Lime and Magnesium Oxide Manufacturing Industries - Application for a declaration that there is no need to adjudicate - Dismissal - Discontinuance - Removal from the register))

2014/C 135/43

Language of the case: Spanish

Parties

Applicants: Magnesitas de Rubián, SA (Incio, Spain); Magnesitas Navarras, SA (Zubiri, Spain); and Ellinikoi Lefkolithoi Anonymos Metalleftiki, Viomichaniki, Naftiliaki kai Emporiki Etaireia (Athens, Greece) (represented by: H. Brokelmann and P. Martínez-Lage Sobredo, lawyers)

Defendant: European Commission (represented by: A. Alcover San Pedro, S. Petrova and E. Sanfrutos Cano, Agents)

Re:

Principally, application for the annulment of Chapter 3 of the Reference Document on Best Available Techniques in the Cement, Lime and Magnesium Oxide Manufacturing Industries (OJ 2010 C 166), entitled ‘Magnesium Oxide Industry (dry process route based on mined natural magnesite)’, and the references to the magnesium oxide industry in that document and, in the alternative, application for the annulment of point 3.5.5.4 of that document.

Operative part of the order

1. The application for a declaration that there is no need to adjudicate is dismissed.

2. Case T-430/10 is removed from the Register of the General Court.

3. Magnesitas de Rubián, SA, Magnesitas Navarras, SA and Ellinikoi Lefkolithoi Anonymos Metalleftiki, Viomichaniki, Naftiliaki kai Emporiki Etaireia shall bear their own costs and pay those incurred by the European Commission.

(1) OJ C 317, 20.11.2010.
EN Official Journal of the European Union C 156/43

Order of the General Court of 9 April 2013 — Südzucker and Others v Commission

(Case T-102/10) (1)

(Agriculture - Sugar - Production levies - Partial annulment and declaration of nullity of Regulation (EC) No 1193/2009 after the action was brought - No need to adjudicate)

2013/C 156/80

Language of the case: German

Parties

Applicants: Südzucker AG Mannheim/Ochsenfurt (Mannheim, Germany); Agrana Zucker GmbH (Vienna, Austria); Südzucker Polska S.A. (Wroclaw, Poland); Raffinerie tirlemontoise (Brussels, Belgium) and Saint Louis Sucre SA (Paris, France) (represented by: H.-J. Prieß and B. Sachs, lawyers)

Defendant: European Commission (represented by: P. Rossi and B. Schima, acting as Agents)

Interveners in support of the applicant: Kingdom of Spain (represented initially by: F. Diez Moreno and subsequently by: A. Rubio Gonzâlez, abogados del Estado), and Republic of Lithuania (represented initially by: R. Janeckaitè and R. Krasuckaitè, and subseqeuntly by: R. Krasuckaitè and R. Makevičienè, acting as Agents)

Intervener in support of the defendant: United Kingdom of Great Britain and Northern Ireland (represented initially by: S. Behzadi-Spencer and S. Hathaway and subsequently by S. Behzadi-Spencer and A. Robinson, acting as Agents)

Re:

Annulment of Commission Regulation (EC) No 1193/2009 of 3 November 2009 correcting Regulations (EC) No 1762/2003, (EC) No 1775/2004, (EC) No 1686/2005, (EC) No 164/2007 and fixing the production levies in the sugar sector for marketing years 2002/2003, 2003/2004, 2004/2005, 2005/2006 (OJ 2009 L 321, p. 1)

Operative part of the order

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

2. The European Commission shall bear its own costs and pay those of Südzucker AG Mannheim/Ochsenfurt, Agrana Zucker GmbH, Südzucker Polska S.A., Raffinerie tirlemontoise and Saint Louis Sucre SA.

3. The Kingdom of Spain, the United Kingdom of Great Britain and Northern Ireland and the Republic of Lithuania shall bear their own costs.

(1) OJ C 113, 1.5.2010.
EN Official Journal of the European Union C 392/27

Order of the General Court of 13 September 2017 — Germany v Commission

(Case T-21/10) (1)

((Action for annulment - ERDF - Reduction in financial aid - Failure to comply with the time limit for adoption of a decision - Infringement of essential procedural requirements - Action manifestly well founded))

(2017/C 392/33)

Language of the case: German

Parties

Applicant: Federal Republic of Germany (represented initially by: J. Möller, T. Henze and C. Blaschke, and subsequently by: J. Möller and T. Henze, acting as Agents, and C. von Donat, lawyer)

Defendant: European Commission (represented by: B.-R. Killmann, B. Conte and A. Steiblytė, acting as Agents)

Re:

Action on the basis of Article 263 TFEU seeking the annulment of Commission Decision C(2009) 9049 of 13 November 2009 reducing the assistance granted to the Single Programming Document Objective 2 Saarland (1997-1999) in the Federal Republic of Germany from the European Regional Development Fund (ERDF) under Commission Decision C(97)1123 of 7 May 1997.

Operative part of the order

1. Commission Decision C(2009) 9049 of 13 November 2009 reducing the assistance granted to the Single Programming Document Objective 2 Saarland (1997-1999) in the Federal Republic of Germany from the European Regional Development Fund (ERDF) under Commission Decision C(97)1123 of 7 May 1997 is annulled.

2. The European Commission shall pay the costs.

(1) OJ C 100, 17.4.2010.
Order of the General Court of 25 November 2014 — Moreda-Riviere Trefilerías v Commission

(Joined Cases T-426/10 and T-575/10 and Case T-440/12) (1)

(Actions for annulment - Competition - Cartels - European prestressing steel market - Price fixing, market sharing and exchange of sensitive commercial information - Decision finding an infringement of Article 101 TFEU - Decision amending the initial decision without affecting the fines imposed on the applicant - No legal interest in bringing proceedings - Partial manifest inadmissibility)

(2015/C 073/40)

Language of the case: Spanish

Parties

Applicant: Moreda-Riviere Trefilerías, SA (Gijón, Spain) (represented by: in Cases T-426/10 and T-575/10, F. González Díaz and A. Tresandi Blanco, and, in Case T-440/12, initially F. González Díaz and P. Herrero Prieto, then F. González Díaz and A. Tresandi Blanco, lawyers)

Defendant: European Commission (represented by: F. Castillo de la Torre and V. Bottka, and, in Case T-440/12, C. Urraca Caviedes, Agents, and in Cases T-426/10 and T-440/12, by L. Ortiz Blanco, lawyer)

Re:

Applications for annulment and alteration of Commission Decision C (2010) 4387 final of 30 June 2010 relating to a proceeding under Article 101 TFEU and Article 53 of the EEA Agreement (Case COMP/38344 — Prestressing steel), amended by Commission Decision C (2010) 6676 final of 30 September 2010 and by Commission Decision C (2011) 2269 final of 4 April 2011, and by the letter COMP/G2/DVE/nvz/79465 from the Commission’s Director-General for Competition of 25 July 2012.

Operative part of the order

1. In Case T-426/10, the form of order seeking annulment in part of Commission Decision C (2010) 6676 final of 30 September 2010 amending Commission Decision C (2010) 4387 final of 30 June 2010 relating to a proceeding under Article 101 TFEU and Article 53 of the European Economic Area (EEA) Agreement (Case COMP/38344 — Prestressing steel) is rejected as manifestly inadmissible.

2. In Case T-575/10, the action is rejected as manifestly inadmissible.

3. The remainder of the pleas in law and forms of order sought is reserved.

4. Moreda-Riviere Trefilerías, SA is ordered to pay the costs relating to the pleas in law and forms of order directed against Commission Decision C (2010) 6676 final of 30 September 2010 amending Commission Decision C (2010) 4387 final of 30 June 2010 relating to a proceeding under Article 101 TFEU and Article 53 of the European Economic Area (EEA) Agreement (Case COMP/38344 — Prestressing steel) made in Case T-426/10 and the costs in Case T-575/10.

(1) OJ C 317, 20.11.2010.
EN Official Journal of the European Union C 282/23

Order of the President of the General Court of 29 July 2011 — Holcim (Deutschland) and Holcim v Commission

(Case T-293/11 R)

(Interim relief - Competition - Request for information - Article 18(3) of Regulation (EC) No 1/2003 - Application for stay of execution - Lack of urgency)

2011/C 282/49

Language of the case: German

Parties

Applicants: Holcim AG (Hamburg, Germany) and Holcim Ltd (Rapperswil-Jona, Switzerland) (represented by: P. Niggemann and K. Gaßner, lawyers)

Defendant: European Commission (represented by: M. Kellerbauer, R. Sauer and C. Hödlmayr, acting as Agents)

Re:

Application for a stay of execution of Commission Decision C(2011) 2363 final of 30 March 2011 concerning a proceeding pursuant to Article 18(3) of Council Regulation (EC) No 1/2003 (Case COMP/39.520 — Cement and related products)

Operative part of the order

1. The application for interim relief is rejected.
EN Official Journal of the European Union C 252/33

Order of the President of the General Court of 21 June 2011 — MB System v Commission

(Case T-209/11 R)

(Application for interim measures - State aid - Recovery obligation - Application for stay of execution - Urgency - Balancing of interests)

2011/C 252/77

Language of the case: German

Parties

Applicant: MB System GmbH & Co. KG (Nordhausen, Germany) (represented by: G. Brüggen, M. Ackermann and C. Geiert, lawyers)

Defendant: European Commission (represented by: F. Erlbacher and T. Maxian Rusche, acting as Agents)

Re:

Application for suspension in part of Commission Decision C(2010) 8289 final of 14 December 2010 on State aid No C 38/2005 (ex NN 52/2004) granted by Germany to the Biria Group.

Operative part of the order

1. The application for interim measures is dismissed.