ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 32/35

Order of the Judge hearing the application for Interim measures of 19 November 2008 — AEPI v Commission

(Case T-392/08 R)

(Interim measures - Decision of the Commission ordering cessation of a concerted practice in connection with the collective management of author's rights - Application for stay of execution - Lack of urgency)

(2009/C 32/68)

Language of the case: Greek

Parties

Applicant: AEPI Elliniki Etaireia pros Prostasian tis Pnevmatikis Idioktisias AE (Athens, Greece) (represented by: P. Xanthopoulos and T. Asprogerakas Grivas, lawyers)

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

Re:

Application for a stay of execution of Article 3 of Commission Decision C(2008) 3435 final of 16 July 2008 relating to a proceeding under Article 81 of the EC Treaty and Article 53 of the EEA Agreement (Case COMP/C2/38.698 — CISAC).

Operative part of the order

1. The application for interim measures is dismissed.
EN Official Journal of the European Union C 153/50

Order of the Court of First Instance of 4 May 2009 — Rundpack v OHIM (Representation of a tumbler)

(Case T-503/08) (1)

2009/C 153/97

Language of the case: German

The President of the Third 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 90/27

Order of the Court of First Instance of 15 January 2009 — Braun-Neumann v Parliament

(Case T-306/08 P) (1)

(Appeal - Staff case - Pensions - Survivor's pension - Payment of 50% owing to the existence of another surviving spouse - Act adversely affecting an official - Complaint out of time)

2009/C 90/43

Language of the case: German

Parties

Appellant: Kurt-Wolfgang Braun-Neumann (Lohr a. Main, Germany) (represented by: P. Ames, lawyer)

Other party to the proceedings: European Parliament (represented by: K. Zejdová and S. Seyr, Agents)

Re:

Appeal against the order of the European Union Civil Service Tribunal (First Chamber) of 23 May 2008 in Case F-79/07 Braun-Neumann v Parliament [2008] ECR-SC I-A-000, seeking annulment of that order.

Operative part of the order

1. The Appeal is dismissed.

2. Each party is ordered to bear its own costs incurred at first instance.

(1) OJ C 247, 27.9.2008.
EN Official Journal of the European Union C 233/17

Order of the Court of First Instance of 22 June 2009 — Nijs v Court of Auditors

(Case T-371/08 P) (1)

(Appeal - Public service - Officials - Decision to appoint the appellant’s superior - Internal competition - Staff Committee elections - Decision not to promote the appellant in 2006 - Appeal manifestly inadmissible in part and manifestly unfounded in part)

2009/C 233/31

Language of the case: French

Parties

Appellant: Bart Nijs (Bereldange, Luxembourg) (represented by: F. Rollinger and A. Hertzog, lawyers)

Other party: Court of Auditors (represented by: T. Kennedy, J.-M. Stenier and J. Vermer, agents)

Re:

Appeal brought against the order of the Civil Service Tribunal of the European Union (First Chamber) of 26 June 2008 in Case F-5/07 Nijs v Court of Auditors [2009] ECR I-0000 seeking that that order be set aside.

Operative part of the order

The Court:

1. Dismisses the appeal.

2. Orders Bart Nijs to bear his own costs and to pay those incurred by the Court of Auditors of the European Communities in the present proceedings.

(1) OJ C 301 of 22.11.2008.
EN Official Journal of the European Union C 205/38

Order of the Court of First Instance of 26 June 2009 — Marcuccio v Commission

(Case T-114/08 P) (1)

(Appeal - Staff cases - Officials - Reasonable time for the submission of a claim for compensation - Lateness - Appeal in part manifestly inadmissible and in part manifestly unfounded)

2009/C 205/70

Language of the case: Italian

Parties

Appellant: Luigi Marcuccio (Tricase, Italy) (represented by: G. Cipressa, lawyer)

Other party to the proceedings: Commission of the European Communities (represented by: J. Currall and C. Berardis-Kayser, acting as Agents, assisted by A. Dal Ferro, lawyer)

Re:

Appeal against the order of the Civil Service Tribunal of the European Union (First Chamber) of 14 December 2007 in Case F-21/07 Marcuccio v Commission, not yet published in the ECR, seeking the annulment of that order

Operative part of the order

The Court:

1. dismisses the appeal;

2. orders Mr Luigi Marcuccio to bear his own costs and to pay those incurred by the Commission of the European Communities in the present case.

(1) OJ C 107, 26.4.2008.
EN Official Journal of the European Union C 24/53

Order of the Court of First Instance of 30 November 2009 — Veromar di Tudisco Alfio & Salvatore and Others v Commission

(Joined Cases T-313/08 to T-318/98 and T-320/08 to T-328/08) (1)

(Application for annulment - Regulation (EC) No 530/2008 - Recovery of bluefin tuna stock - Fixing the TAC for 2008 - Measure of general application - Lack of individual concern - Inadmissibility)

2010/C 24/94

Language of the case: Italian

Parties

Applicants: Veromar di Tudisco Alfio & Salvatore Snc (Catania, Italy) and the sixteen other applicants of which the names appear in the annex to the order (represented by: A. Maiorana, A. De Matteis and A. De Francesco, lawyers)

Defendant: European Commission (represented by: K. Banks and D. Nardi, acting as Agents)

Re:

Application for annulment of Commission Regulation (EC) No 530/2008 of 12 June 2008 establishing emergency measures as regards purse seiners fishing for bluefin tuna in the Atlantic Ocean, east of longitude 45 °W, and in the Mediterranean Sea (OJ 2008 L 155, p. 9)

Operative part of the order

1. The actions are dismissed as inadmissible.

2. The applicants, Veromar di Tudisco Alfio & Salvatore Snc and the sixteen other applicants of which the names appear in the annex, shall bear their own costs and pay the costs incurred by the European Commission.

(1) OJ C 272 of 25.10.2008.
EN Official Journal of the European Union C 282/49

Order of the Court of First Instance of 9 September 2009 — Wrigley v OHIM — Mejerigaarden (POLAR ICE)

(Case T-256/08) (1)

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

2009/C 282/94

Language of the case: English

Parties

Applicant: Wm. Wrigley Jr. Company (Chicago, United States) (represented by: M. Kinkeldey, S. Schäffler and A. Bognár, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Mejerigaarden Holding A/S (Thisted, Denmark) (represented by: A. Ellermann Holmbom, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 15 April 2008 (Case R 845/2006-2) relating to opposition proceedings between Mejerigaarden Holding A/S and Wm. Wrigley Jr. Company.

Operative part of the order

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

2. The applicant is ordered to bear its own costs and to pay those incurred by the defendant;

3. The intervener is ordered to bear its own costs.

(1) OJ C 209, 15.8.2008.
EN Official Journal of the European Union C 179/39

Order of the General Court of 6 May 2010 — Kerelov v Commission

(Case T-100/08 P) (1)

(Appeal - Civil Service - Recruitment - General competition - Refusal by the Director of EPSO to communicate to a candidate information and documents relating to the admission test - Appeal in part manifestly inadmissible and in part manifestly unfounded)

2010/C 179/67

Language of the case: French

Parties

Appellant: Georgi Kerelov (Pazardzhik, Bulgaria) (represented by: A. Kerelov, lawyer)

Other party to the proceedings: European Commission (represented by: B. Eggers and K. Herrmann, Agents)

Re:

Appeal brought against the order of the Civil Service Tribunal of the European Union (Second Chamber) of 12 December 2007 in Case F-110/07 Kerelov v Commission, not published in the ECR, asking for that order to be set aside.

Operative part of the order

1. The appeal is dismissed.

2. Georgi Kerelov is ordered to bear his own costs and pay the costs incurred by the Commission in the context of the present proceedings.

(1) OJ C 69 of 21.3.2009
EN Official Journal of the European Union C 113/45

Order of the General Court of 3 March 2010 — REWE-Zentral v OHIM — KODI Diskontläden (inéa)

(Case T-538/08) (1)

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

2010/C 113/73

Language of the case: German

Parties

Applicant: REWE-Zentral AG (Cologne, Germany) (represented by: M. Kinkeldey and A. Bognár, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: R. Manea, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the General Court: KODI Diskontläden GmbH (Oberhausen, Germany) (represented by: J. Schmidt, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 6 October 2008 (Case R 744/2008-4) concerning opposition proceedings between KODI Diskontläden GmbH and REWE-Zentral AG.

Operative part of the order

1. There is no further 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 of the defendant.

(1) OJ C 55, 7.3.2009.
EN Official Journal of the European Union C 30/56

Order of the General Court of 29 November 2010 — DVB Project v OHIM — Eurotel (DVB)

(Case T-578/08) (1)

()

2011/C 30/100

Language of the case: English

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

(1) OJ C 55, 7.3.2009.
EN Official Journal of the European Union C 234/36

Order of the General Court of 14 July 2010 — Germany v Commission

(Case T-571/08) (1)

(Action for annulment - State aid - Information injunction - Non-actionable measure - Inadmissibility)

2010/C 234/64

Language of the case: German

Parties

Applicant: Federal Republic of Germany (represented by: M. Lumma and B. Klein, Agents)

Defendant: European Commission (represented by: B. Martenczuk, Agent)

Re:

Application for the annulment of the decision contained in the Commission’s letter of 30 October 2008, requiring information to be provided in the proceedings relating to State aid to Deutsche Post AG (C 36/2007 (ex NN 25/2007)).

Operative part of the order

1. The action is dismissed as inadmissible.

2. The Federal Republic of Germany shall pay the costs.

(1) OJ C 55, 7.3.2009.
EN Official Journal of the European Union C 319/9

Order of the General Court of 4 September 2012 — DAI v Commission

(Case T-381/08) (1)

(Agriculture - Sugar - Temporary scheme for the restructuring of the sugar industry of the Community - Regulation (EC) No 320/2006 and Regulation (EC) No 928/2006 - Decision 2008/445/EC - Retroactive restructuring aid)

2012/C 319/16

Language of the case: Portuguese

Parties

Applicant: DAI — Sociedade de Desenvolvimento Agro-Industrial, SA (Coruche, Portugal) (represented: initially by J. da Cruz Vilaça, L. Romão and A. Mestre, and subsequently by R. Oliveira, lawyers)

Defendant: European Commission (represented by: M. Alfonso and P. Rossi, Agents)

Re:

Action brought against Commission Decision 2008/445/EC of 11 June 2008 fixing the amounts per Member State of retroactive restructuring aid for growers and undertakings having restructured in the 2006/07 and 2007/08 marketing years in the framework of the temporary scheme for the restructuring of the sugar industry of the Community (OJ 2008 L 156, p. 20).

Operative part of the order

1. The action is dismissed.

2. DAI — Sociedade de Desenvolvimento Agro-Industrial, SA shall pay the costs.

(1) OJ C 313, 6.12.2008.
Official Journal of the European Union

Order of the General Court of 15 November 2011 — Becker Flugfunkwerk v OHIM — Harman Becker Automotive Systems (BECKER AVIONIC SYSTEMS)

(Case T-263/08) (1)

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

(2012/C 25/99)

Language of the case: English

Parties

Applicant: Becker Flugfunkwerk GmbH (Rheinmünster, Germany) (represented by: O. Griebenow, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM: Harman Becker Automotive Systems GmbH (Karlsbad, Germany)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 10 April 2008 (Case R 398/2007 1) relating to opposition proceedings between Harman Becker Automotive Systems GmbH and Becker Flugfunkwerk GmbH.

Operative part of the order

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

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

(1) OJ C 223, 30.8.2008.
EN Official Journal of the European Union C 205/39

Order of the President of the Court of First Instance of 2 July 2009 — Insula v Commission

(Case T-246/09 R)

(Application for interim measures - Debit notes - Application for suspension of operation - Failure to comply with formal requirements - Inadmissibility)

2009/C 205/72

Language of the case: French

Parties

Applicant: Conseil scientifique international pour le développement des îles (Insula) (Paris, France) (represented by: P. Marsal and J.-D. Simonet, lawyers)

Defendant: Commission of the European Communities

Re:

Application for suspension of the operation of two debit notes requiring the repayment of sums of money paid to the applicant under subsidy contracts

Operative part of the order

1. The application for interim measures is dismissed.
EN Official Journal of the European Union C 134/36

Order of the General Court of 8 March 2010 — Maxcom v OHIM — Maxdata Computer (maxcom)

(Case T-155/09) (1)

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

2010/C 134/61

Language of the case: Polish

Parties

Applicant: Maxcom Sp. z o.o. (Tychy, Poland) (represented by: P. Kral, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: D. Schimanek-Walicka, Agent)

Other party to the proceedings before the Board of Appeal of OHIM: Maxdata Computer GmbH & Co. KG (Marl, Germany)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 30 January 2009 (Case R 1019/2008-2) concerning opposition proceedings between Maxdata Computer GmbH & Co. KG and Maxcom Sp. z o.o.

Operative part of the order

The General Court:

1. Rules that there is no need to adjudicate;

2. Orders Maxcom Sp. z o.o. to bear its own costs and pay those incurred by OHIM.

(1) OJ C 153, 4.7.2009.
EN Official Journal of the European Union C 51/32

Order of the General Court of 5 January 2010 — Química Atlântica v Commission

(Case T-71/09) (1)

(Action for failure to act - Adoption of a position - Article 44(1)(c)of the Rules of Procedure of the Court of First Instance - Inadmissibility)

2010/C 51/62

Language of the case: Portuguese

Parties

Applicant: Química Atlântica Lda (Lisbon, Portugal) (represented by: J. Teixeira Alves, lawyer)

Defendant: European Commission (represented by: M. Afonso and L. Bouyon, acting as Agents)

Re:

Application for a declaration that the Commission failed to act in that it unlawfully failed to take the measures necessary to harmonise the tariff heading criteria for dicalcium phosphate, and an application for reimbursement of the difference between the amounts that the applicant has had to pay since 1995 by way of customs duties and those which would have been payable had the rate for Tariff Code 28 35 52 90 been applied to the importation of dicalcium phosphate from Tunisia or an indemnity of an equivalent amount.

Operative part of the order

1. The action is dismissed.

2. There is no need to adjudicate on Timab Ibérica SL’s application to intervene application.

3. Química Atlântica Lda is ordered to pay its own costs as well as those of the European Commission.

(1) OJ C 113, 16.5.2009.
EN Official Journal of the European Union C 234/36

Order of the General Court of 8 July 2010 — Marcuccio v Commission

(Case T-166/09 P) (1)

(Appeal - Civil Service - Officials - Order of referral - Decision which cannot be the object of an appeal - Action for damages - Pre-litigation procedure - Procedural defects - Appeal in part manifestly inadmissible and in part manifestly unfounded)

2010/C 234/65

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, acting as Agents, and A. dal Ferro, lawyer)

Re:

Appeal lodged against the order of the European Union Civil Service Tribunal (First Chamber) of 18 February 2009 in Case F-70/07 Marcuccio v Commission ECR-SC 0000, seeking the annulment of that order

Operative part of the order

1. The appeal is dismissed.

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

(1) OJ C 141, 20.6.2009.
EN Official Journal of the European Union C 195/18

Order of the General Court of 18 May 2010 — Abertis Infraestructuras v Commission

(Case T-200/09) (1)

(Action for annulment - Concentrations - Decision to close the procedure initiated under Article 21(4) of Regulation (EC) No 139/2004 - Period within which proceedings must be brought - Starting point - Inadmissibility)

2010/C 195/30

Language of the case: Spanish

Parties

Applicant: Abertis Infraestructuras, SA (Barcelona, Spain) (represented by: M. Roca Junyent and P. Callol García, lawyers)

Defendant: European Commission (represented by: V. Di Bucci and É. Gippini Fournier, acting as Agents)

Re:

Application to annul the Commission’s decision of 13 August 2008 to close the procedure initiated under Article 21(4) of Council Regulation (EC) No 139/2004 on the control of concentrations between undertakings (OJ 2004 L 24, p. 1), in relation to a concentration transaction between the applicant and Autostrade SpA (Case COMP/M.4388 — Abertis/Autostrade)

Operative part of the order

1. The action is dismissed as inadmissible.

2. Abertis Infraestructuras, SA is ordered to pay the costs.

(1) OJ C 167, 18.7.2009.
EN Official Journal of the European Union C 30/57

Order of the General Court (First Chamber) of 1 December 2010 — CEA v Commission

(Case T-412/09) (1)

()

2011/C 30/103

Language of the case: French

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

(1) OJ C 312, 19.12.2009.
EN Official Journal of the European Union C 317/32

Order of the General Court of 24 September 2010 — Kerstens v Commission

(Case T-498/09 P) (1)

(Appeal - Civil service - Officials - Promotion - 2005 promotion year - Award of priority points - Burden of proof - Rights of the defence - Appeal in part manifestly inadmissible and in part manifestly unfounded)

2010/C 317/59

Language of the case: French

Parties

Appellant: Petrus Kerstens (Overijse, Belgium) (represented by: C. Mourato, lawyer)

Other party to the proceedings: European Commission (represented by: C. Berardis-Kayser and G. Berscheid, acting as Agents, and B. Wägenbaur, lawyer)

Re:

Appeal brought against the judgment of the European Union Civil Service Tribunal (Second Chamber) of 29 September 2009 in Case F-102/07 Kerstens v Commission ECR-SC I-A-1-0000 and I-A-2-0000, seeking the setting aside of that judgment.

Operative part of the order

1. The appeal is dismissed.

2. Mr Petrus Kerstens is ordered to bear his own costs and to pay those incurred by the European Commission in the appeal proceedings.

(1) OJ C 51, 27.2.2010.
EN Official Journal of the European Union C 238/16

Order of the General Court of 27 June 2011 — Amecke Fruchtsaft v OHIM — Uhse (69 Sex up)

(Case T-343/09) (1)

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

2011/C 238/25

Language of the case: German

Parties

Applicant: Amecke Fruchtsaft GmbH & Co. KG (Menden, Germany) (represented by: R. Kaase and J.-C. Plate, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Schäffner and subsequently S. Schäffner and B. Schmidt, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Beate Uhse Einzelhandels GmbH (Flensburg, Germany) (represented by: W. Berlit, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 11 June 2009 (Case R 1728/2008-1) concerning opposition proceedings between Beate Uhse Einzelhandels GmbH and Amecke Fruchtsaft GmbH & Co. KG.

Operative part of the order

1. There is no longer any need to adjudicate.

2. The applicant shall pay the costs.

(1) OJ C 267, 7.11.2009.
EN Official Journal of the European Union C 139/17

Order of the General Court of 14 March 2011 — Campailla v Commission

(Case T-429/09) (1)

(Action for damages - Limitation period - Article 46 of the Statute of the Court of Justice - Inadmissibility)

2011/C 139/33

Language of the case: French

Parties

Applicant: Massimo Campailla (Boulogne-sur-Mer, France (represented initially by P. Georgen, subsequently by G. Reuter and C. Verbruggen, lawyers)

Defendant: European Commission (represented by A. Bordes and T. Scharf, Agents)

Re:

Action for damages to compensate for the harm allegedly suffered following the Commission’s refusal to intervene in a dispute between the applicant and the Cameroonian State.

Operative part of the order

1. The action is dismissed.

2. Massimo Campailla shall bear his own costs and those incurred by the European Commission.

(1) OJ C 161, 19.6.2010.
EN Official Journal of the European Union C 370/25

Order of the General Court of 21 October 2011 — Groupement Adriano, Jaime Ribeiro, Conduril v Commission

(Case T-335/09) (1)

(Action for annulment - MEDA I programme - Specific financing agreement - Mandate given to the European Union to recover debts owed by a third party to the Kingdom of Morocco - Debit note - Reminder letter - Acts inseparable from the contract - Act not amenable to review - Inadmissibility)

2011/C 370/41

Language of the case: Portuguese

Parties

Applicants: Groupement Adriano, Jaime Ribeiro, Conduril — Construção, ACE (Porto, Portugal) (represented by: A. Pinto Cardoso and L. Fuzeta da Ponte, lawyers)

Defendant: European Commission (represented by: A.-M. Rouchaud-Joët and S. Delaude, Agents, and R. Faria da Cunha, lawyer)

Re:

Action for annulment of, first, debit note No 3230905272 issued by the Commission on 12 June 2009 and, second, of the letter of 3 August 2009 by which the Commission ordered payment of the sum claimed by means of the debit note and related default interest.

Operative part of the order

1. The action is dismissed as inadmissible.

2. The European Commission is ordered to bear its own costs and to pay the costs incurred by Groupement Adriano, Jaime Ribeiro, Conduril — Construção, ACE.

(1) OJ C 267, 7.11.2009.