ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 220/32

Order of the Court of First Instance of 8 July 2009 — Thoss v Court of Auditors

(Case T-545/08) (1)

(Action for annulment - Time-limit for bringing an action - Lateness - Absence of excusable error - Manifest inadmissibility)

2009/C 220/68

Language of the case: French

Parties

Applicant: Thérèse Nicole Thoss (Dommeldange, Luxembourg) (represented by: P. Goergen, lawyer)

Defendant: Court of Auditors of the European Communities (represented by: T. Kennedy and J.-M. Stenier, acting as Agents)

Re:

Application for annulment of the decision of the Court of Auditors of 20 March 2006 refusing to allocate to the applicant, the widow of a former Member of the Court of Auditors, a survivor’s pension on the ground that the condition that the couple had to have been married for five years at the time of death has not been satisfied (case registered as F-46/08 and referred by the Civil Service Tribunal).

Operative part of the order

1. The action is dismissed as manifestly inadmissible.

2. Mrs Thérèse Nicole Thoss is ordered to pay the costs.

(1) OJ C 171, 5.7.2008 (formerly Case F-46/08).
EN Official Journal of the European Union C 37/49

Order of the Court of First Instance (Third Chamber) of 9 December 2009 — IPublish Ganske Interactive Publishing v OHIM (Representation of a navigational device)

(Case T-555/08) (1)

2010/C 37/75

Language of the case: German

The President of the Third 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 312/29

Order of the Court of First Instance of 30 October 2009 — Sun World International v OHIM — Kölla Hamburg (SUPERIOR SEEDLESS)

(Case T-493/08) (1)

(Community trade mark - Partial surrender of registration - No need to adjudicate)

2009/C 312/48

Language of the case: English

Parties

Applicant: Sun World International LLC (Bakersfield, California, United States) (represented by: M. Holah, Solicitor)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the Court of First Instance: Kölla Hamburg Overseas Import GmbH & Co. KG (Hamburg, Germany) (represented by: C. Lemke, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 3 September 2008 (Case R 1378/2007-1), relating to invalidity proceedings between Kölla Hamburg Overseas Import GmbH & Co. KG and Sun World International LLC.

Operative part of the order

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

2. Sun World International LLC shall bear its own costs and pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and by Kölla Hamburg Overseas Import GmbH & Co. KG.

(1) OJ C 19, 24.1.2009.
EN Official Journal of the European Union C 221/44

Order of the General Court of 29 June 2010 — Mauerhofer v Commission

(Case T-515/08) (1)

(Multiple framework contract ‘Commission 2007’ - Recruitment of experts in the context of actions relating to aid granted to non-member countries - Tasks requiring expertise - Commission measure relating to the number of billable days’ work - Action for annulment - No challengeable act - Inadmissibility - Action for damages - Causal link - Action manifestly lacking any foundation in law)

2010/C 221/72

Language of the case: English

Parties

Applicant: Volker Mauerhofer (Vienna, Austria) (represented by: J. Schartmüller, lawyer)

Defendant: European Commission (represented by: S. Boelaert, Agent)

Re:

Application for, first, annulment of the Commission’s administrative order of 9 September 2008 amending specific contract 2007/146271, which had been concluded between the Commission and the framework contractor for the project ‘Value Chain Mapping Analysis’ carried out in Bosnia and Herzegovina, by reducing the number of days’ work carried out by the applicant — under a contract between him and the framework contractor — for which the framework contractor could bill the Commission, and second, the award of damages

Operative part of the order

1. The action is dismissed.

2. Volker Mauerhofer shall pay the costs.

(1) OJ C 44, 21.2.2009.
EN Official Journal of the European Union C 148/51

Order of the General Court of 19 March 2010 — Telekomunikacja Polska v Commission

(Case T-533/08) (1)

2010/C 148/86

Language of the case: Polish

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 211/23

Order of the General Court of 24 May 2011 — Power-One Italy v Commission

(Case T-489/08) (1)

(Action for compensation - Project cofunded by the financial instrument LIFE + - Development of a new system of supplying power for use in mobile telephony (Pneuma project) - Abuse of process - Disregard of formal requirements - Inadmissibility)

2011/C 211/51

Language of the case: Italian

Parties

Applicant: Power-One Italy SpA (Terranova Bracciolini, Italy) (represented by R.Giuffrida and A. Giussani, lawyers)

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

Re:

Action for compensation for loss allegedly suffered by the applicant following the Commission’s decision to end the Pneuma project (LIFE04 ENV/IT/000595), intended to cofund development of a new system of supplying power for use in mobile telephony.

Operative part of the order

The Court hereby orders:

1. The action is dismissed.

2. Power-One Italy SpA is ordered to bear its own costs and to pay those incurred by the Commission.

(1) OJ C 6, 10.1.2009.
EN Official Journal of the European Union C 301/29

Order of the General Court of 7 September 2010 — Norilsk Nickel Harjavalta and Umicore v Commission

(Case T-532/08) (1)

(Actions for annulment - Environment and protection of human health - Classification, packaging and labelling of certain nickel carbonate compounds 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 301/49

Language of the case: English

Parties

Applicants: Norilsk Nickel Harjavalta Oy (Espoo, Finland) and Umicore SA/NV (Brussels, Belgium) (represented by: K. Nordlander, lawyer)

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

Intervener in support of the applicants: Nickel Institute (Toronto, Canada) (represented by: K. Nordlander, lawyer, D. Anderson QC, S. Kinsella and H. Pearson, Solicitors)

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 nickel carbonate compounds

Operative part of the order

1. The application is dismissed as inadmissible.

2. Norilsk Nickel Harjavalta Oy and Umicore SA/NV are to bear their own costs and to pay the costs of the European Commission.

3. The Kingdom of Denmark and the Nickel Institute are to bear their own costs.

(1) OJ C 44, 21.2.2009.
EN Official Journal of the European Union C 15/20

Order of the General Court of 11 November 2013 — EuroChem MCC v Council

(Case T-234/08) (1)

2014/C 15/30

Language of the case: English

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

(1) OJ C 209, 15.8.2008.
EN Official Journal of the European Union C 109/11

Order of the General Court of 14 February 2012 — Grasso v Commission

(Case T-319/08) (1)

(Action for annulment - Regulation (EC) No 530/2008 - Recovery plan for bluefin tuna - Setting of TACs for 2008 - Act of general application - Lack of individual concern - Inadmissible)

2012/C 109/24

Language of the case: Italian

Parties

Applicant: Salvatore Grasso (Catania, Italy) (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 action is dismissed as inadmissible.

2. Each party is ordered to bear its own costs.

(1) OJ C 272, 25.10.2008.
EN Official Journal of the European Union C 282/62

Order of the Court of First Instance of 24 September 2009 — Johnson & Johnson v OHIM — Simca (YourCare)

(Case T-25/09) (1)

2009/C 282/117

Language of the case: Italian

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

(1) OJ C 69, 21.3.2009.
EN Official Journal of the European Union C 167/12

Order of the Court of First Instance of 25 May 2009 — Biofrescos v Commission

(Case T-159/09 R)

(Application for interim measures - Application for suspension of operation - Submission of the application - Inadmissibility - Financial loss - Lack of urgency)

2009/C 167/25

Language of the case: Portuguese

Parties

Applicant: Biofrescos — Comércio de Produtos Alimentares, Lda (Linda-a-Velha, Portugal) (represented by: A. Magalhães Menezes, lawyer)

Defendant: Commission of the European Communities (represented by: R. Lyal, P. Guerra e Andrade and L. Bouyon, acting as Agents)

Re:

Application for suspension of the recovery of import duties not yet demanded of the applicant, in so far as that recovery was ordered by Commission Decision C (2009) 72 final of 16 January 2009, finding that it is justified to proceed to recovery a posteriori of those duties and that remission of those duties is not justified in the applicant’s case.

Operative part of the order

1. The application for interim measures is dismissed.
EN Official Journal of the European Union C 80/25

Order of the Judge hearing the application for interim measures of 5 February 2010 — De Post v Commission

(Case T-514/09 R)

(Interim measures - Public procurement - Community tendering procedure - Application for suspension of operation and for interim measures - No urgency)

2010/C 80/45

Language of the case: English

Parties

Applicant: De Post NV van publiek recht (Brussels, Belgium) (represented by: R. Martens and B. Schutyser, lawyers)

Defendant: European Commission (represented by: E. Manhaeve and N. Bambara, Agents, and assisted by P. Wytinck, lawyer)

Re:

Application for interim measures seeking, in essence, first, an order suspending the operation of the decision by which the Publications Office of the European Union awarded the contract referred to in Invitation to Tender No 10234 ‘Daily transport and delivery of the Official Journal, books, other periodicals and publications’ to Entreprise des postes et télécommunications Luxembourg, second, an order prohibiting the signature of the contract referred to in the Invitation to Tender and, third, if the contract has already been signed, that its performance be suspended until the Court has ruled on the substance of the action.

Operative part of the order

1. The application for interim measures is dismissed.
EN Official Journal of the European Union C 37/38

Order of the President of the General Court of 17 December 2009 — Vereniging Milieudefensie and Stichting Stop Luchtverontreiniging Utrecht v Commission

(Case T-396/09 R)

(Interim measures - Obligation of the Member States to protect and improve ambient air quality - Exemption granted to a Member State - Commission’s refusal to review - Application for suspension of operation of a measure and interim measures - Inadmissibility)

2010/C 37/53

Language of the case: Dutch

Parties

Applicants: Vereniging Milieudefensie (Amsterdam, Netherlands) and Stichting Stop Luchtverontreiniging Utrecht (Utrecht, Netherlands) (represented by: A. van den Biesen, lawyer)

Defendant: European Commission (represented by: P. Oliver, W. Roels and A. Alcover San Pedro, Agents)

Re:

Application (i) for suspension of operation of Decision C (2009) 6121 of 28 July 2009 declaring inadmissible the applicants’ request for review by the Commission of its Decision C (2009) 2560 final of 7 April 2009 granting the Kingdom of the Netherlands a temporary exemption from its obligations in combating ambient air pollution; and (ii) for interim measures requiring the Kingdom of the Netherlands to comply with those obligations at the earliest opportunity.

Operative part of the order

1. The application for interim measures is dismissed.
EN Official Journal of the European Union C 221/45

Order of the General Court of 21 June 2010 — Meister v OHIM

(Case T-284/09 P) (1)

(Appeal - Public service - Officials - Staff report - Late drawing up of assessment reports - Subject-matter of the action at first instance - Late reply to complaints - Appeal in part manifestly inadmissible and in part manifestly unfounded)

2010/C 221/74

Language of the case: German

Parties

Appellant: Herbert Meister (Muchamiel, Spain) (represented by: H.-J Zimmermann, lawyer)

Other party to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: I. de Medrano Caballero and G. Faedo, Agents, and D. Waelbroeck and E. Winter, lawyers)

Re:

Appeal against the judgment of the European Union Civil Service Tribunal (First Chamber) of 18 May 2009 in Joined Cases F-138/06 and F-37/08 Meister v OHIM [2009], not yet published in the ECR, seeking to have that judgment set aside.

Operative part of the order

1. The appeal is dismissed;

2. Herbert Meister shall bear his own costs and pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) in connection with these proceedings.

(1) OJ C 244, 10.10.2009.
EN Official Journal of the European Union C 148/51

Order of the General Court of 22 March 2010 — Al Barakaat International Foundation v Commission

(Case T-45/09) (1)

2010/C 148/87

Language of the case: Swedish

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

(1) OJ C 153, 4.7.2009.
EN Official Journal of the European Union C 346/41

Order of the General Court of 28 October 2010 — Marcuccio v Commission

(Case T-32/09 P) (1)

(Appeal - Civil service - Officials - Pre-litigation procedure - Appeal clearly unfounded - Cross-appeal limited to costs)

2010/C 346/82

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, and A. dal Ferro, lawyer)

Re:

Appeal against the order of the Civil Service Tribunal of the European Union (First Chamber) of 4 November 2008 in Case F-18/07 Marcuccio v Commission, not published in the ECR, seeking the annulment of that order.

Operative part of the order

1. The appeal is dismissed as clearly unfounded.

2. The cross-appeal is dismissed as clearly inadmissible.

3. Mr Luigi Marcuccio is ordered to bear, in addition to his own costs, the costs incurred by the Commission in the appeal.

4. Each party is ordered to bear its own costs in the cross-appeal.

(1) OJ C 69,21.3.2009.
Official Journal of the European Union

Order of the General Court of 6 September 2010 — Carlyle v OHIM — MRP Consult (CAFE CARLYLE)

(Case T-505/09) (1)

()

(2010/C 288/121)

Language of the case: English

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

(1) OJ C 51, 27.2.2010.
EN Official Journal of the European Union C 204/23

Order of the General Court of 19 May 2011 — Formenti Seleco v Commission

(Case T-210/09) (1)

(EEC-Turkey Association Agreement - Importation of colour televisions from Turkey - Application for damages - Statute barred - Inadmissibility)

2011/C 204/42

Language of the case: Italian

Parties

Applicant: Formenti Seleco SpA (Milan, Italy) (represented by: A. Malatesta, G. Terracciano and S. Malatesta, lawyers)

Defendant: European Commission (represented by: T. Scharf and D. Grespan, Agents)

Re:

Application for compensation for the damage allegedly suffered by the applicant as a result of the Commission’s failure to take measures preventing the Turkish authorities from infringing the Agreement establishing an Association between the European Economic Community and Turkey when determining the origin of colour televisions imported into the Community from Turkey.

Operative part of the order

1. The action is dismissed as inadmissible;

2. Formenti Seleco SpA is ordered to pay the costs.

(1) OJ C 167, 18.7.2009.
EN Official Journal of the European Union C 55/22

Order of the General Court of 16 December 2010 — Kitou v EDPS

(Case T-164/09) (1)

(Access to documents - Regulation (EC) No 1049/2001 - Regulation (EC) No 45/2001 - No need to adjudicate)

2011/C 55/38

Language of the case: French

Parties

Applicant: Erasmia Kitou (Brussels, Belgium) (represented by: S. Pappas, lawyer)

Defendant: European Data Protection Supervisor (EDPS) (represented by: H. Hijmans and V. Pérez Asinari, Agents)

Re:

Annulment of the decision of the EDPS of 3 February 2009 in Case No 2008-0600 concerning a complaint brought by Ms Kitou against the intention of the European Commission to reveal personal data.

Operative part of the order

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

2. The European Data Protection Supervisor (EDPS) is ordered to pay the costs.

(1) OJ C 153, 4.7.2009.
EN Official Journal of the European Union C 340/20

Order of the General Court of 19 September 2011 — Matkompaniet v OHIM — DF World of Spices (KATOZ)

(Case T-195/09) (1)

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

2011/C 340/42

Language of the case: English

Parties

Applicant: Matkompaniet AB (Borås, Sweden) (represented by: J. Gulliksson and J. Olson, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM intervening before the General Court: DF World of Spices GmbH (Dissen, Germany) (represented by: A. Ebert-Weidenfeller and S. Schmüser, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 11 March 2009 (Case R 577/2008-2) concerning opposition proceedings between Matkompaniet AB and DF World of Spices GmbH

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 each of them shall pay half the costs of the defendant.

(1) OJ C 180, 1.8.2009.
EN Official Journal of the European Union C 282/18

Order of the General Court of 28 June 2011 — van Arum v Parliament

(Case T-454/09 P) (1)

(Appeals - Staff Cases - Officials - Reports - Staff report - Reporting exercise for 2005 - Appeal in part manifestly inadmissible and in part manifestly unfounded)

2011/C 282/35

Language of the case: Dutch

Parties

Appellant: Rinse van Arum (Winksele, Belgium) (represented by: W. van den Muijsenbergh, lawyer)

Other party to the proceedings: European Parliament (represented by: J. F. de Wachter, K. Zejdová et R. Ignătescu, Agents)

Re:

Appeal against the judgment of the Civil Service Tribunal of the European Union (Second Chamber) of 10 September 2009 in Case F-139/07 van Arum v Parliament ECR-SC I-A-1-0000 and II-A-1-0000, seeking to have that judgment set aside.

Operative part of the order

1. The appeal is dismissed.

2. Mr Rinse van Arum is ordered to bear his own costs and to pay those incurred by the European Parliament in these proceedings.

(1) OJ C 37, 13.2.2010.
EN Official Journal of the European Union C 151/27

Order of the General Court of 22 March 2012 — Viasat Broadcasting UK v European Commission

(Case T-114/09) (1)

(State aid - Repayment of the aid - No further interest in bringing proceedings - No need to adjudicate)

2012/C 151/42

Language of the case: English

Parties

Applicant: Viasat Broadcasting UK Ltd (West Drayton, Middlesex, United Kingdom) (represented by: S. Kalsmose Hjelmborg and M. Honoré, lawyers)

Defendant: European Commission (represented initially by: N. Khan and B. Martenczuken, and subsequently by B. Stromsky and L. Flynn, agents)

supported by

Kingdom of Denmark, (represented initially by: J. Bering Liisberg, subsequently by C. Vang, acting as Agents, assisted by P. Biering and K. Lundgaard Hansen, lawyers); and by TV2 Danmark A/S, (Odense C, Denmark (represented by O. Koktvedgaard, lawyer)

Re:

APPLICATION for the annulment of Commission Decision C(2008) 4224 final of 4 August 2008 in Case N 287/2008, concerning rescue aid granted to TV2 Danmark A/S

Operative part of the order

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

2. Viasat Broadcasting UK Ltd, the European Commission, the Kingdom of Denmark and TV2 Danmark A/S shall bear their own costs.

(1) OJ C 141, 20.6.2009.
EN Official Journal of the European Union C 80/26

Order of the General Court of 6 February 2012 — Colegio Oficial de Farmacéuticos de Valencia v Commission

(Case T-337/09) (1)

2012/C 80/44

Language of the case: Spanish

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

(1) OJ C 256, 24.10.2009.
EN Official Journal of the European Union C 175/43

Order of the General Court of 2 April 2014 — Val’hor v Commission

(Case T-306/09) (1)

((State aid - Framework system of actions able to be undertaken by the recognised French agricultural interprofessional organisations in favour of members of the agricultural sectors represented - Financing by voluntary levies made compulsory - Decision declaring the aid scheme compatible with the common market - Withdrawal of the decision - No need to adjudicate))

2014/C 175/58

Language of the case: French

Parties

Applicant: Val’hor (Paris, France) (represented by: V. Ledoux and B. Néouze, lawyers)

Defendant: European Commission (represented initially by: B. Stromsky and C. Urraca Caviedes, subsequently by: B. Stromsky and S. Thomas, and finally by: B. Stromsky, acting as Agents)

Re:

Application for annulment of Commission Decision C(2008) 7846 final of 10 December 2008 concerning State aid No 561/2008, on the framework system of actions able to be undertaken by the recognised French agricultural interprofessional organisations in favour of members of the agricultural sectors represented

Operative part of the order

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

2. The European Commission shall pay the costs.

(1) OJ C 244, 10.10.2009.
EN Official Journal of the European Union C 141/26

Order of the General Court of 18 March 2013 — Freistaat Sachsen v Commission

(Case T-215/09) (1)

2013/C 141/47

Language of the case: German

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

(1) OJ C 180, 1.8.2009.