ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 134/34

Order of the General Court of 3 March 2010 — MarketTools v OHIM — Optimus-Telecomunicações (ZOOMERANG)

(Case T-105/07) (1)

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

2010/C 134/57

Language of the case: English

Parties

Applicant: MarketTools, Inc. (San Francisco, United States) (represented by: W. von der Osten-Sacken, A. González Hähnlein, O. Günzel and A. Wenninger, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: initially S. Laitinen, subsequently G. Schneider and D. Botis, Agents)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the General Court: Optimus-Telecomunicações, SA (Maia, Portugal) (represented by: T. Colaço Dias and J. Conceição Pimenta, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 25 January 2007 (Case R 253/2006-2) relating to opposition proceedings between Optimus-Telecomunicações, SA and MarketTools, Inc.

Operative part of the order

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

2. The applicant shall bear its own costs and those incurred by the defendant.

3. The intervener shall bear its own costs.

(1) OJ C 129, 9.6.2007.
EN Official Journal of the European Union C 258/27

Order of the General Court of 11 July 2012 — Romania v Commission

(Case T-484/07) (1)

2012/C 258/49

Language of the case: Romanian

The President of the Third 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 347/31

Order of the General Court of 6 October 2011 — Secure Computing v OHIM — Investrónica (SECUREOS)

(Case T-277/07) (1)

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

2011/C 347/50

Language of the case: German

Parties

Applicant: Secure Computing Corp. (Roseville, Minnesota, United States) (represented by: H. Kunz-Hallstein and R. Kunz-Hallstein, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM intervening before the General Court: Investrónica, SA (Madrid, Spain) (represented by: initially E. López Leiva, subsequently J.L. Zurdo Rivas, subsequently J.L. Zurdo Rivas and E. López Camba, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 25 April 2007 (Case R 1063/2006-1) relating to opposition proceedings between Investrónica, SA and Secure Computing Corp.

Operative part of the order

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

2. The applicant and the intervener shall bear their own costs and shall each pay half of the costs incurred by the defendant.

(1) OJ C 235, 6.10.2007.
EN Official Journal of the European Union C 171/38

Order of the President of the Court of First Instance of 11 April 2008 — Cyprus v Commission

(Case T-122/08 R)

(Application for interim relief - Procurement notice for a contract to encourage economic development in the northern part of Cyprus - Application for suspension of operation of the notice - No urgency)

(2008/C 171/73)

Language of the case: Greek

Parties

Applicant: Republic of Cyprus (represented by: P. Kliridis, Agent)

Defendant: Commission of the European Communities (represented by: P. van Nuffel and I. Zervas, Agents)

Re:

Application for suspension of the operation of a procurement notice issued by the Commission for the encouragement of economic development in the northern part of Cyprus, concerning the establishment of a programme management unit to support the implementation of investment projects in the field of water, waste water and solid waste.

Operative part of the order

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

Order of the Court of First Instance of 14 November 2008 — Transportes Evaristo Molina v Commission

(Case T-45/08) (1)

(Action for annulment - Time-limits for commencing proceedings - Starting point - Publication in the Official Journal - Alleged lack of locus standi at the date of publication - Inadmissibility)

(2009/C 6/63)

Language of the case: Spanish

Parties

Applicant: Transportes Evaristo Molina, SA (El Ejido, Spain) (represented by: A. Hernández Pardo, L. Ruiz Ezquerra and C. Flores Hernández, lawyers)

Defendant: Commission of the European Communities (represented by: É. Gippini, acting as Agent)

Re:

Annulment of Commission Decision 2006/446/EC of 12 April 2006, relating to a proceeding under Article 81 EC (Case COMP/B-1/38.348 — Repsol CPP) (summary published in OJ 2006 L 176, p. 104) making binding the undertakings made by Repsol CPP, adopted in accordance with Article 9 of Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 [EC] and 82 [EC] (OJ 2003 L 1, p. 1)

Operative part of the order

1. The action is dismissed.

2. It is not necessary to adjudicate on the application to intervene made by Repsol Comercial de Productos Petrolíferos, SA.

3. Transportes Evaristo Molina, SA shall bear its own costs and pay those incurred by the Commission.

(1) OJ C 92, 12.4.2008.
EN Official Journal of the European Union C 260/13

Order of the President of the Court of First Instance of 27 August 2008 — Melli Bank v Council

(Case T-246/08 R)

(Applications for interim measures - Regulation (EC) No 423/2007 - Restrictive measures against the Islamic Republic of Iran - Council decision - Measure to freeze funds and economic resources - Application for suspension of operation of a measure - No urgency - Absence of serious and irreparable damage)

(2008/C 260/23)

Language of the case: English

Parties

Applicant: Melli Bank plc (London, United Kingdom) (represented by: R. Gordon, QC, J. Stratford, M. Hoskins, Barristers, R. Gwynne and T. Din, Solicitors)

Defendant: Council of the European Union (represented by: M. Bishop and E. Finnegan, acting as Agents)

Interveners in support of the defendant: United Kingdom of Great Britain and Northern Ireland (represented by: V. Jackson, acting as Agent, and S. Lee, Barrister) and French Republic (represented by: E. Belliard, G. de Bergues and L. Butel, acting as Agents)

Re:

Application for suspension of the application of paragraph 4, section B, of the Annex to Council Decision 2008/475/EC of 23 June 2008 implementing Article 7(2) of Regulation (EC) No 423/2007 concerning restrictive measures against Iran (OJ 2008 L 163, p. 29), in so far as Melli Bank plc is included in the list of legal persons, entities and bodies whose funds and economic resources are frozen.

Operative part of the order

1. The application for interim measures is dismissed.
EN Official Journal of the European Union C 82/25

Order of the President of the Court of First Instance of 23 January 2009 — Pannon Hőerőmű v Commission

(Case T-352/08 R)

(Interim measures - State aid - Commission decision declaring State aid granted by Hungary in favour of certain electricity producers by way of electricity purchasing agreements incompatible with the common market - Application for stay of execution - Lack of urgency - Balancing of interests)

(2009/C 82/44)

Language of the case: Hungarian

Parties

Applicant: Pannon Hőerőmű Energiatermelő, Kereskedelmi és Szolgáltató Zrt. (Pannon Hőerőmű Zrt.) (Pécs, Hungary) (represented by: M. Kohlrusz, P. Simon and G. Ormai, lawyers)

Defendant: Commission of the European Communities (represented by: C. Giolito and K. Talabér-Ritz, acting as Agents)

Re:

Application for stay of execution of Article 2 of Commission Decision C(2008) 2223 final of 4 June 2008 on State aid granted by the Republic of Hungary by way of electricity purchasing agreements.

Operative part of the order

1. The application for interim measures is rejected.
EN Official Journal of the European Union C 32/48

Order of the Court of First Instance of 10 December 2008 — Stichting IEA Secretariaat Nederland and Others v Commission

(Case T-56/08) (1)

(2009/C 32/93)

Language of the case: English

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

(1) OJ C 107, 26.4.2008.
EN Official Journal of the European Union C 193/22

Order of the Court of First Instance of 2 June 2009 — AVLUX v Parliament

(Case T-524/08) (1)

(Action for annulment - Public service contracts — Call for tenders for the refurbishment and extension of the Konrad Adenauer Building, Luxembourg - Rejection of a tenderer’s offer - Annulment of the public procurement procedure — No need to adjudicate)

2009/C 193/34

Language of the case: French

Parties

Applicant: AIB-Vinçotte, Luxembourg (AVLUX ASBL) (Luxembourg, Luxembourg) (represented by: R. Adam, lawyer)

Defendant: European Parliament (represented by: M. Ecker and D. Petersheim, Agents)

Re:

Application for annulment of the European Parliament’s decision of 2 October 2008 rejecting the offer made by the applicant in connection with a call for tenders for the refurbishment and extension of the Konrad Adenauer Building, Luxembourg (OJ 2008 S 193-254240)

Operative part of the order

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

2. The European Parliament is ordered to pay the costs.

(1) OJ C 44, of 21.2.2009.
EN Official Journal of the European Union C 141/42

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

(Case T-359/08) (1)

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

2009/C 141/88

Language of the case: Spanish

Parties

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

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

Re:

Annulment of Commission Decision C(2008) 3243 of 25 June 2008 reducing the financial assistance granted from the Cohesion Fund for the group of projects No 2001.ES.16.C.P.E.045 (Waste Management in Galicia — 2001 (Group II)) by Decision C(2001) 4193 of 20 December 2001

Operative part of the order

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

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

(1) OJ C 272, 25.10.2008.
EN Official Journal of the European Union C 256/27

Order of the Court of First Instance of 27 August 2009 — Abouchar v Commission

(Case T-367/08) (1)

(Non-contractual liability - EDF - Conditions for the grant and control of credits for an agricultural holding project in Senegal - Limitation period - Inadmissibility)

2009/C 256/49

Language of the case: French

Parties

Applicant: Michel Abouchar (Dakar, Senegal) (represented by: B. Dubreuil-Basire and J.-J. Lorang, lawyers)

Defendant: Commission of the European Communities (represented by: A. Bordes and E. Cujo, Agents)

Re:

Action for damages to compensate for the material and non-material harm allegedly suffered by the applicant as a result of the alleged errors of the Commission and its agents inherent in the conditions of grant and the control of loans financed by the European Development Fund (EDF) for its agricultural holding project in Senegal.

Operative part of the order

1. The action is dismissed as inadmissible.

2. Mr Michel Abouchar is ordered to pay the costs.

(1) OJ C 285, 8.11.2008.
EN Official Journal of the European Union C 233/16

Order of the Court of First Instance of 9 July 2009 — infeurope v Commission

(Case T-188/08) (1)

(Action for declaration of failure to act, for annulment and for damages - Public service contracts - Call for tenders concerning consultancy, audit and study services for OHIM - Administrative appeal before the Commission - Implied Commission decision to dismiss - New claims - Connection between the action for a declaration of failure to act and the action for damages - Manifest inadmissibility)

2009/C 233/28

Language of the case: English

Parties

Applicant: infeurope (Luxembourg, Luxembourg) (represented by: O. Mader, lawyer)

Defendant: Commission of the European Communities (represented by: N. Bambara and E. Manhaeve, acting as Agents)

Re:

First, APPLICATION for a declaration that the Commission failed to act in that it unlawfully failed to annul the decision to award framework contracts following the call for tenders procedure AO/026/06 of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) for the provision of consultancy services, audits and studies, and to terminate the specific contracts concluded under those framework contracts and, in the alternative, APPLICATION for annulment of the alleged implied decision of the Commission to dismiss the applicant’s administrative appeal of 13 December 2007 in the context of that tendering procedure and, secondly, APPLICATION for compensation for the harm allegedly suffered as a result of the alleged unlawful omissions on the part of the Commission.

Operative part of the order

1. The action is dismissed.

2. infeurope is ordered to pay the costs.

(1) OJ C 171, of 5.7.2008.
EN Official Journal of the European Union C 37/37

Order of the General Court of 16 December 2009 — Cattin v Commission

(Case T-194/08) (1)

(Non-contractual liability - EDF - List of exporters eligible to receive payment of debts owed to them by the Central African Republic - Not included on the list - Limitation period - Inadmissibility)

2010/C 37/51

Language of the case: French

Parties

Applicants: R. Cattin & Cie (Bimbo, Central African Republic); and Yves Cattin (Cadiz, Spain) (represented by: B. Wägenbaur, lawyer)

Defendant: European Commission (represented by: A. Bordes, Agent)

Re:

Action for damages seeking compensation for the loss allegedly suffered by the applicants following a Commission decision not to include them on the list of exporters eligible to receive payment, via funds of the European Development Fund (EDF), in respect of the debts owed to them by a State body of the Central African Republic

Operative part of the order

1. The action is dismissed as manifestly inadmissible.

2. R. Cattin & Cie and Yves Cattin shall bear their own costs and pay those incurred by the European Commission.

(1) OJ C 197, 2.8.2008.
EN Official Journal of the European Union C 11/38

Order of the Court of First Instance of 17 November 2009 — STIM d’Orbigny v Commission

(Case T-559/08) (1)

2010/C 11/73

Language of the case: French

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

(1) OJ C 44, 21.2.2009.
EN Official Journal of the European Union C 221/43

Order of the General Court of 9 June 2010 — BASF Plant Science and Others v European Commission

(Case T-293/08) (1)

(Approximation of laws - Deliberate release into the environment of genetically modified organisms - Authorisation procedure for placing on the market - Failure to adopt a decision - Action for failure to act - Action deprived of purpose - No need to adjudicate)

2010/C 221/71

Language of the case: English

Parties

Applicants: BASF Plant Science GmbH (Ludwigshafen, Germany), Plant Science Sweden AB (Svalöv, Sweden), Amylogene HB (Svalöv), and BASF Plant Science Co. GmbH, formerly BASF Plant Science Holding GmbH (Ludwigshafen) (represented by: D. Waelbroeck and U. Zinsmeister, lawyers, and D. Slater, Solicitor)

Defendant: European Commission (represented by: C. O’Reilly and C. Zadra, acting as Agents)

Intervening Party: Kingdom of Denmark (represented by J. Bering Liisberg and R. Holdgaard, acting as Agents)

Re:

Application for a declaration that, by failing to adopt a decision with regard to the applicants’ notification relating to the placing of a genetically modified Amflora potato on the market, the Commission failed to fulfil its obligations under Article 18(1) of Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC (OJ 2001 L 106, p. 1) and under Article 5 of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (OJ 1999 L 184, p. 23)

Operative part of the order

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

2. The parties shall bear their own costs.

(1) OJ C 272, 25.10.2008.
EN Official Journal of the European Union C 148/30

Order of the General Court of 13 April 2010 — Diputación Foral de Álava and Others v Commission

(Joined Cases T-529/08 to T-531/08) (1)

(Application for annulment - State aid - Tax advantages - Recovery of State aid declared unlawful - Application of compound interest scheme - Confirmatory act - Inadmissibility)

2010/C 148/54

Language of the case: Spanish

Parties

Applicants: Territorio Histórico de Álava — Diputación Foral de Álava and Others (Spain) (Case T-529/08); Territorio Histórico de Guipúzcoa — Diputación Foral de Guipúzcoa (Spain) (Case T-530/08); and Territorio Histórico de Vizcaya — Diputación Foral de Vizcaya (Spain) (Case T-531/08) (represented by: I. Sáenz-Cortabarría Fernández and M. Morales Isasi, lawyers)

Defendant: European Commission (represented by: C. Urraca Caviedes, acting as Agent)

Re:

Application for annulment of the Commission’s letter of 2 October 2008, communicating to the applicants that is necessary to apply compound interest in the context of the recovery of State aid declared unlawful by Commission Decisions 2002/820/EC, 2002/894/EC and 2003/27/EC of 11 July 2001 on the State aid scheme implemented by Spain for firms in respectively Álava, Guipúzcoa and Vizcaya in the form of a tax credit amounting to 45 % of investments (respectively, OJ 2002 L 296, p. 1, OJ 2002 L 314, p. 26, and OJ 2003 L 17, p. 1), and Commission Decisions 2002/892/EC, 2002/540/EC and 2002/806/EC of 11 July 2001 on the State aid scheme applied by Spain to certain newly established firms in respectively Álava, Guipúzcoa and Vizcaya (respectively, OJ 2002 L 314, p. 1, OJ 2002 L 174, p. 31 and OJ 2002 L 279, p. 35), which were upheld by the judgments of the General Court in Joined Cases T-227/01 to T-229/01, T-265/01, T-266/01 and T-270/01 Diputación Foral de Álava and Others v Commission [2009] ECR II-0000; and Joined Cases T-230/01 and T-267/01 to T-269/01 Diputación Foral de Álava and Others v Commission [2009] ECR II-0000.

Operative part of the order

1. The actions are dismissed as inadmissible.

2. Territorio Histórico de Álava — Diputación Foral de Álava, Territorio Histórico de Guipúzcoa — Diputación Foral de Guipúzcoa and Territorio Histórico de Vizcaya — Diputación Foral de Vizcaya shall each bear their own costs and pay the costs incurred by the European Commission.

(1) OJ C 32, 7.2.2009.
EN Official Journal of the European Union C 219/21

Order of the General Court of 17 May 2011 — Evropaïki Dynamiki v ECHA

(Case T-542/08) (1)

2011/C 219/33

Language of the case: English

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

(1) OJ C 44, 21.2.2009.
EN Official Journal of the European Union C 301/30

Order of the General Court of 7 September 2010 — Etimine and Etiproducts v Commission

(Case T-539/08) (1)

(Actions for annulment - Environment and protection of human health - Classification, packaging and labelling of certain borates as dangerous substances - Directive 2008/58/EC - Directive 67/548/EEC - Regulation (EC) No 790/2009 - Regulation (EC) No 1272/2008 - Amendment of form of order sought - Temporal application of the fourth paragraph of Article 263 TFEU - No individual concern - Inadmissibility)

2010/C 301/50

Language of the case: English

Parties

Applicants: Etimine SA (Bettembourg, Luxembourg), and Ab Etiproducts Oy, (Espoo, Finland) (represented by: C. Mereu and K. Van Maldegem, lawyers)

Defendant: European Commission (represented by: P. Oliver and D. Kukovec, Agents)

Intervener in support of the applicants: Borax Europe Ltd (London, United Kingdom) (represented by: K. Nordlander, lawyer, and S. Kinsella, Solicitor)

Intervener in support of the defendant: Kingdom of Denmark (represented by B. Weis Fogh, Agent)

Re:

Application for the partial annulment of Commission Directive 2008/58/EC of 21 August 2008 amending, for the purpose of its adaptation to technical progress, for the 30th time, Council Directive 67/548/EEC on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances (OJ 2008 L 246, p. 1) and of Commission Regulation (EC) No 790/2009 of 10 August 2009 amending, for the purposes of its adaptation to technical and scientific progress, Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures (OJ 2009 L 235, p. 1), in so far as they amend the classification of certain borates

Operative part of the order

1. The application is dismissed as inadmissible.

2. Etimine SA and Ab Etiproducts Oy are to bear their own costs and to pay the costs of the European Commission.

3. The Kingdom of Denmark and Borax Europe Ltd are to bear their own costs.

(1) OJ C 44, 21.2.2009.
EN Official Journal of the European Union C 194/37

Order of the General Court of 9 April 2014 — Al-Aqsa v Council

(Case T-276/08) (1)

2014/C 194/48

Language of the case: Dutch

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

(1) OJ C 236, 13.9.2008.
EN Official Journal of the European Union C 184/19

Order of the General Court of 27 April 2012 — Commission v Smadja

(Case T-513/08 P) (1)

2012/C 184/35

Language of the case: French

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

(1) OJ C 44, 21.2.2009.
EN Official Journal of the European Union C 312/29

Order of the President of the Court of First Instance of 29 October 2009 — Novácke chemické závody v Commission

(Case T-352/09 R)

(Interim measures - Competition - Commission decision imposing a fine - Bank guarantee - Application for suspension of enforcement of a measure - Lack of urgency)

2009/C 312/49

Language of the case: English

Parties

Applicant: Novácke chemické závody, a.s. (Nováky, Slovakia) (represented by: A. Černejová, lawyer)

Defendant: Commission of the European Communities (represented by: F. Castillo de la Torre and N. von Lingen, acting as Agents)

Re:

Application for suspension of enforcement of the Commission decision of 22 July 2009 relating to a proceeding under Article 81 of the EC Treaty and Article 53 of the EEA Agreement (Case COMP/39.396 — Calcium carbide and magnesium-based reagents for the steel and gas industries), in so far as it concerns the applicant

Operative part of the order

1. The application for interim measures is rejected.
EN Official Journal of the European Union C 180/51

Order of the President of the Court of First Instance of 8 June 2009 — Dover v Parliament

(Case T-149/09 R)

(Application for interim measures - Recovery of allowances paid by way of reimbursement of parliamentary assistance expenses - Application for suspension of operation of a measure - Inadmissibility - No urgency)

2009/C 180/96

Language of the case: English

Parties

Applicant: Densmore Ronald Dover, (Borehamwood, Hertfordshire, United Kingdom) (represented by: D. Vaughan QC, M. Lester, Barrister, and M. French, Solicitor)

Defendant: European Parliament (represented by: H. Krück, D. Moore and M. Windisch, Agents)

Re:

Application for suspension of the operation of Decision D (2009) 4639 of the Secretary General of the European Parliament of 29 January 2009 concerning the recovery of allowances unduly paid to the applicant by way of reimbursement of his parliamentary assistance expenses, of the debit note based on that decision and of any decision taken with a view to offsetting the amount claimed against payment of other parliamentary allowances due to the applicant.

Operative part of the order

1. The application for interim measures is dismissed.