ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 347/44

Order of the General Court of 6 October 2011 — Confartigianato Venezia and Others v Commission

(Case T-266/00) (1)

2011/C 347/80

Language of the case: Italian

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

(1) OJ C 355, 9.12.2000.
EN Official Journal of the European Union C 313/54

Order of the Court of First Instance of 9 October 2008 — Stephens v Commission

(Case T-438/03) (1)

(2008/C 313/96)

Language of the case: French

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

(1) OJ C 47, 21.2.2004.
EN Official Journal of the European Union C 197/35

Order of the Court of First Instance of 5 June 2008 — Martinez-Mongay v Commission

(Case T-101/04) (1)

(2008/C 197/63)

Language of the case: French

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

(1) OJ C 106, 30.4.2004.
EN Official Journal of the European Union C 92/27

Order of the Court of First Instance of 22 January 2008 — Efkon v Parliament and Council

(Case T-298/04) (1)

(Annulment - Directive 2004/52/EC - Interoperability of electronic road toll systems - Not individually concerned - Inadmissibility)

(2008/C 92/55)

Language of the case: German

Parties

Applicant: Efkon AG (Graz-Andritz, Austria) (represented by: G. Zanger, subsequently by M. Novak, lawyers)

Defendants: European Parliament (represented by: U. Rösslein and A. Neergaard, acting as Agents) and Council of the European Union (represented by: A. Lopes Sabino and M. Bauer, acting as Agents)

Intervener in support of the defendants: Commission of the European Communities (represented by: R. Vidal Puig and G. Braun, acting as Agents)

Re:

Annulment in its entirety or, in the alternative, in part, of Directive 2004/52/EC of the European Parliament and of the Council of 29 April 2004 on the interoperability of electronic road toll systems in the Community (OJ 2004 L 166, p. 124, corrigendum OJ 2004 L 200, p. 50)

Operative part of the order

1. The action is dismissed as inadmissible.

2. Efkon AG shall bear its own costs and pay those of the Council.

3. The Parliament and the Commission shall bear their own costs.

(1) OJ C 262, 23.10.2004.
EN Official Journal of the European Union C 205/37

Order of the Court of First Instance of 30 June 2009 — Impala v Commission

(Case T-464/04) (1)

(Competition - Concentration - Sony BMG joint venture - Action becoming devoid of purpose - No need to adjudicate)

2009/C 205/69

Language of the case: English

Parties

Applicant: Independent Music Publishers and Labels Association (Impala, international association) (Brussels, Belgium) (represented by: S. Crosby and J. Golding, Solicitors, and I. Wekstein-Steg, lawyer)

Defendant: Commission of the European Communities (represented by: X. Lewis and K. Mojzesowicz, Agents)

Interveners in support of the defendant: Bertelsmann AG (Gütersloh, Germany) (represented by: P. Chappatte and J. Boyce, Solicitors); Sony BMG Music Entertainment BV (Vianen, Netherlands); and Sony Corporation of America (NewYork, New York, United States) (represented by N. Levy, Barrister, and by R. Snelders and T. Graf, lawyers)

Re:

Application for annulment of Commission Decision 2005/188/EC of 19 July 2004 declaring a concentration to be compatible with the common market and the functioning of the EEA Agreement (Case No COMP/M.3333 — Sony/BMG) (OJ 2005 L 62, p. 30).

Operative part of the order

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

2. Each party is to bear its own costs, both before the Court of First Instance and before the Court of Justice.

(1) OJ C 6, 8.1.2005.
EN Official Journal of the European Union C 301/60

Order of the Court of First Instance of 11 September 2008 — Italian Republic v Commission

(Case T-207/04) (1)

(2008/C 301/100)

Language of the case: Italian

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

(1) OJ C 201, 7.8.2004.
1.

There is no longer any need to adjudicate on the form of order sought by Internationaler Hilfsfonds e.V. seeking annulment of the decision of the European Commission of 14 February 2005 refusing its request for access to the file relating to the contract LIEN 97-2011.
EN Official Journal of the European Union C 301/61

Order of the Court of First Instance of 11 September 2008 — Italy v Commission

(Case T-83/05) (1)

(2008/C 301/106)

Language of the case: Italian

The President of the Court of First Instance (Second Chamber) has ordered that the case be removed from the register.

(1) OJ C 106, 30.4.2005.
EN Official Journal of the European Union C 107/26

Order of the Court of First Instance of 22 February 2008 — Base v Commission

(Case T-295/06) (1)

(Action for annulment - Telecommunications - Article 7 of Directive 2002/21/EC - Wholesale market for voice call termination on individual mobile networks in Belgium - Significant power on the market - Commission's comments letter - Non-actionable measure - Lack of direct concern - Inadmissibility)

(2008/C 107/44)

Language of the case: French

Parties

Applicant: Base NV (Brussels, Belgium) (represented by: A. Verheyden, Y. Desmedt and F. Bimont, lawyers)

Defendant: Commission of the European Communities (represented by: É. Gippini Fournier, M. Shotter and K. Mojzesowicz, Agents)

Re:

Application for annulment of the decision allegedly contained in the letter of the Commission of 4 August 2006, addressed to the Institut belge des services postaux et des telecommunications (Belgian Institute of Post and Telecommunications Services) containing comments, pursuant to Article 7 of Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive) (OJ 2002 L 108, p. 33), concerning a draft decision notified by that institute (Case BE/2006/0433).

Operative part of the order

The Court:

1. dismisses the action as inadmissible;

2. orders the applicant to pay its own costs and the costs of the Commission;

3. orders Mobistar SA and the Kingdom of the Netherlands to pay their own costs.

(1) OJ C 310, 16.12.2006.
EN Official Journal of the European Union C 22/51

Order of the Court of First Instance of 6 December 2007 — Microsoft v Commission

(Case T-271/06) (1)

(2008/C 22/96)

Language of the case: English

The President of the Court of First Instance (Seventh Chamber) has ordered that the case be removed from the register.

(1) OJ C 294, 2.12.2006.
EN Official Journal of the European Union C 209/52

Order of the Court of First Instance of 20 June 2008 — Leclercq v Commission

(Case T-299/06) (1)

(Action for annulment - Applicant's failure to act - No need to adjudicate)

(2008/C 209/93)

Language of the case: French

Parties

Applicant: Sylvie Leclercq (Brussels, Belgium) (represented by: S. Rodrigues and C. Bernard-Glanz, lawyers)

Defendant: Commission of the European Communities (represented by: V. Joris and P. Costa de Oliveira, acting as Agents)

Intervener in support of the applicant: Republic of Finland (represented by: J. Heliskoski, Agent)

Re:

Annulment of the decision of the Commission of 27 July 2006 refusing, pursuant to Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, p. 43) to grant the applicant access to certain documents

Operative part of the order

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

2. Ms Sylvie Leclercq is ordered to bear her own costs and to pay those of the Commission. The Republic of Finland shall bear its own costs.

(1) OJ C 326, 3.12.2006.
EN Official Journal of the European Union C 171/34

Order of the Court of First Instance of 30 January 2008 — Arktouros v Commission

(Case T-260/06) (1)

(Action for annulment - Regulation (EC) No 1655/2000 - Removal of financial assistance granted for an ecological project - Decision ending the project and ordering reimbursement of sums paid by way of an advance - Confirmatory measure - Expiry of the period for bringing an action - Inadmissibility)

(2008/C 171/63)

Language of the case: Greek

Parties

Applicant: Etairia prostasias kai diakhirisis fisikou perivallontos kai agrias zois ‘Arktouros’ (Association for the Protection and Management of the Natural Environment and Wildlife ‘Arktouros’) (Thessaloniki, Greece) (represented by: N. Korogiannakis and N. Keramidas, lawyers)

Defendant: Commission of the European Communities (represented by: M. Konstantinidis, Agent)

Re:

Annulment of Commission Decision C(2006) 3181 final of 6 July 2006 ending a project concerning conservation actions in the Northern Pindos National Park (Greece) (Ellas — LIFE03 NAT/GR/000089) and ordering reimbursement of the advance paid to the applicant in respect of the Community financial assistance which had been granted to it in implementation of Commission Decision C(2003) 2919 final of 4 September 2003.

Operative part of the order

1. The action is dismissed as inadmissible.

2. Etairia prostasias kai diakhirisis fisikou perivallontos kai agrias zois ‘Arktouros’ shall bear its own costs and those incurred by the Commission.

(1) OJ C 281 of 18.11.2006.
EN Official Journal of the European Union C 301/63

Order of the Court of First Instance of 11 September 2008 — Italy v Commission

(Case T-290/06) (1)

(2008/C 301/117)

Language of the case: Italian

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

(1) OJ C 310, 16.12.2006.
EN Official Journal of the European Union C 285/41

Order of the Court of First Instance of 8 September 2008 — Rath v OHIM — Grandel (Epican)

(Case T-374/06) (1)

(Community trade mark - Opposition proceedings - Application for registration of the Community word mark Epican - Earlier Community word mark EPIGRAN - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 - Action manifestly lacking any foundation in law)

(2008/C 285/75)

Language of the case: German

Parties

Applicant: Matthias Rath (Cape Town, South Africa) (represented by: S. Ziegler, C. Kleiner and F. Dehn, 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 Court of First Instance: Dr. Grandel GmbH (Augsburg, Germany) (represented by: G. Hodapp, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 5 October 2006 (Case R 1324/2005-1), relating to opposition proceedings between Dr. Grandel GmbH and Matthias Rath.

Operative part of the order

1. The action is dismissed as manifestly lacking any foundation in law.

2. Matthias Rath shall bear his own costs and those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and Dr. Grandel GmbH.

(1) OJ C 42, 24.2.2007.
EN Official Journal of the European Union C 256/26

Order of the Court of First Instance of 4 September 2009 — Inalca and Cremonini v Commission

(Case T-174/06) (1)

(Non-contractual liability - OLAF investigations concerning irregularities in export refunds on beef and veal exported to Jordan - Communication to the national authorities of information on the facts capable of giving rise to criminal proceedings - National decision to recover the refunds - Provision of Guarantees - Action for damages - Limitation period - Continuing nature of the harm - Partial inadmissibility - Causation)

2009/C 256/48

Language of the case: Italian

Parties

Applicant: Inalca SpA — Industria Alimentaria Carni (Castelvetro, Italy) and Cremonini SpA (Castelvetro) (represented by: F. Sciandone and C. D’Andria, lawyers)

Defendant: Commission of the European Communities (represented by: M. Nolin and V. Di Bucci, Agents)

Re:

Action for non-contractual damages seeking compensation for loss allegedly suffered by the applicants as a result of the communication to the Italian authorities of the findings of an investigation conducted by the European Anti-Fraud Office (OLAF), implicating the applicants, to ascertain whether certain refunds for beef and veal exported to Jordan were lawful.

Operative part of the order

1. The action is dismissed.

2. Inalca SpA — Industria Alimentaria Carni and Cremonini SpA are ordered to pay the costs.

(1) OJ C 190, 12.8.2006.
EN Official Journal of the European Union C 32/34

Order of the Court of First Instance of 26 November 2008 — Makhteshim-Agan Holding and Others v Commission

(Case T-393/06) (1)

(Action for annulment - Action for failure to act - Directive 91/414/EEC - Plant protection products - Active substance azinphos-methyl - Inclusion in Annex I to Directive 91/414/EEC - Absence of a new Commission proposal after opposition by the Council - Article 5(6) of Decision 1999/468/EEC - Non-actionable measure - Absence of a request to act - Inadmissibility)

(2009/C 32/65)

Language of the case: English

Parties

Applicants: Makhteshim-Agan Holding BV (Amsterdam, Netherlands); Makhteshim-Agan Italia Srl (Bergamo, Italy); and Magan Italia Srl (Bergamo) (represented by: K. Van Maldegem and C. Mereu, lawyers)

Defendant: Commission of the European Communities (represented by: L. Parpala and B. Doherty, Agents)

Party intervening in support of the applicants: European Crop Protection Association (ECPA) (Brussels, Belgium)(represented by: D. Waelbroeck and N. Rampal, lawyers)

Re:

Application for annulment of the Commission decision, alleged to be contained in a letter of 12 October 2006, not to submit a proposal with a view to inclusion of the active substance azinphos-methyl in Annex I to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (OJ 1991 L 230, p. 1), or, in the alternative, application for a declaration that the Commission has failed to act in unlawfully failing to submit such a proposal.

Operative part of the order

The Court hereby orders:

1. The action is dismissed as inadmissible.

2. Makhteshim-Agan Holding BV, Makhteshim-Agan Italia Srl and Magan Italia Srl shall bear their own costs and pay those incurred by the Commission.

3. The European Crop Protection Association shall bear its own costs.

(1) OJ C 20, 27.1.2007.
EN Official Journal of the European Union C 107/43

Order of the Court of First Instance of 3 March 2008 — Kingdom of the Netherlands v Commission of the European Communities

(Case T-309/07) (1)

(2008/C 107/74)

Language of the case: Dutch

The President of the Court of First Instance (Eighth Chamber) has ordered that the case be removed from the register.

(1) OJ C 235, 6.10.2007.
EN Official Journal of the European Union C 37/23

Order of the President of the Court of First Instance of 11 December 2007 — FMC Chemical and Others v Commission

(Case T-350/07 R)

(Application for interim relief - Directive 91/414/EEC - Application for suspension of operation of a measure - Admissibility - No urgency)

(2008/C 37/36)

Language of the case: English

Parties

Applicants: FMC Chemical SPRL (Brussels, Belgium), Arysta Lifescience SAS (Noguères, France), Belchim Crop Protection NV (Londerzeel, Belgium), FMC Foret, SA (Sant Cugat de Valles, Spain), F&N Agro Slovensko spol. s.r.o. (Bratislava, Slovakia), F&N Agro Ceská republika spol. s.r.o. (Prague, Czech Republic), F&N Agro Polska sp. z o.o. (Warsaw, Poland) and FMC Corp. (Philadelphia, Pennsylvania, United States) (represented by: C. Mereu and K. Van Maldegem, lawyers)

Defendant: Commission of the European Communities (represented by: L. Parpala and B. Doherty, Agents)

Re:

Application for suspension of the operation of Commission Decision 2007/416/EC of 13 June 2007 concerning the non-inclusion of carbofuran in Annex I to Council Directive 91/414/EEC and the withdrawal of authorisations for plant protection products containing that substance (OJ 2007 L 156, p. 30) pending the full resolution of the dispute in the main proceedings

Operative part of the order

1. The application for interim measures is dismissed.
EN Official Journal of the European Union C 183/30

Order of the Court of First Instance of 2 June 2008 — Avaya v OHIM — ZyXEL Communications (VANTAGE CNM)

(Case T-171/07) (1)

(2008/C 183/58)

Language of the case: English

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

(1) OJ C 170, 21.7.2007.
EN Official Journal of the European Union C 171/35

Order of the Court of First Instance of 21 May 2008 — Kronberger v Parliament

(Case T-18/07) (1)

(Action for annulment - Act concerning election to the European Parliament - Time-limit for instituting proceedings - Lack of jurisdiction of the Court - Inadmissibility)

(2008/C 171/64)

Language of the case: German

Parties

Applicant: Hans Kronberger (Vienna, Austria) (represented by: W. Weh, lawyer)

Defendant: European Parliament (represented by: H. Krück, N. Lorenz and M. Windisch, acting as Agents)

Re:

Action for annulment of the decision of the European Parliament of 28 April 2005 rejecting as unfounded the applicant's challenge relating to the election of Andreas Mölzer as a Member of the European Parliament, submitted in accordance with the provisions of Article 12 of the Act of 20 September 1976 concerning the election of the representatives of the Parliament by direct universal suffrage

Operative part of the order

1. The action is dismissed as inadmissible.

2. Mr Hans Kronberger is ordered to pay the costs, including those incurred in the interim proceedings.

(1) OJ C 69, 24.3.2007.
EN Official Journal of the European Union C 272/49

Order of the Court of First Instance of 2 September 2008 — Hamdi v Council

(Joined Cases T-75/07 and T-363/07) (1)

(2008/C 272/95)

Language of the case: Dutch

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

(1) OJ C 117, 26.5.2007.
EN Official Journal of the European Union C 223/43

Order of the Court of First Instance of 26 June 2008 — Pfizer v OHIM — Isdin (FOTOPROTECTOR ISDIN)

(Case T-354/07 to T-356/07) (1)

(Community trade mark - Action for annulment - Invalidity - No need to adjudicate)

(2008/C 223/75)

Language of the case: Spanish

Parties

Applicant: Pfizer Ltd (Sandwich, Kent, United Kingdom) (represented by: V. von Bomhard, A. Renck, T. Dolde, lawyers, and M. Hawkins, Solicitor)

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

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Isdin, SA (Barcelona, Spain) (represented by: M. Esteve Sanz, lawyer)

Re:

Three actions brought against the decisions of the First Board of Appeal of OHIM of 28 June 2007 (Cases R 567/2006-1, R 566/2006-1 and R 565/2006-1) concerning invalidity proceedings between Pfizer Ltd and Isdin, SA.

Operative part of the order

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

2. Isdin, SA is order to bear its own costs and to pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). Pfizer Ltd is ordered to bear its own costs.

(1) OJ C 269, 10.11.2007.
EN Official Journal of the European Union C 301/37

Order of the Court of First Instance of 23 September 2008 — Grupa Ożarów v Commision

(Case T-197/07) (1)

(Action for annulment - Directive 2003/87/EC - Scheme for greenhouse gas emission allowance trading - National allocation plan in respect of emission allowances for Poland for the period from 2008 to 2012 - Decision by the Commission not to raise objections subject to certain conditions - Competence of Member States in the individual allocation of emission allowances - Lack of direct concern - Inadmissibility)

(2008/C 301/63)

Language of the case: Polish

Parties

Applicant: Grupa Ożarów S.A. (Karsy, Poland) (represented by: P.K. Rosiak and F. Puel, lawyers)

Defendant: Commision of the European Communities (represented by: U. Wölker and K. Herrmann)

Re:

APPLICATION for annulment of Commission Decision C(2007) 1295 final of 26 March 2007 concerning the national allocation plan for the allocation of greenhouse gas emission allowances notified by the Republic of Poland for the period from 2008 to 2012 in accordance with Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (OJ 2003 L 275, p. 32).

Operative part of the order

1. The action is dismissed as inadmissible.

2. Grupa Ożarów S.A. shall bear its own costs and pay those incurred by the Commission.

(1) OJ C 170, 21.7.2007.
EN Official Journal of the European Union C 55/25

Order of the Court of First Instance of 17 December 2008 — Portela v Commission

(Case T-137/07) (1)

(Non-contractual liability - Marketing of defective digital thermometers bearing the marking ‘CE’ - Failure to act on the part of the Commission - Causal connection - Action in part manifestly inadmissible and in part manifestly unfounded in law)

(2009/C 55/46)

Language of the case: Portuguese

Parties

Applicant: Portela — Comércio de artigos ortopédicos e hospitalares, Lda (Queluz, Portugal) (represented by: C. Mourato, lawyer)

Defendant: Commission of the European Communities (represented by: P. Guerra e Andrade and B. Schima, acting as Agents)

Re:

Claim requesting that the Court of First Instance should impose on the Commission the obligation to act in accordance with Article 14b of Council Directive 93/42/EEC of 14 June 1993 concerning medical devices (OJ 1993 L 169, p. 1), as amended by Directive 98/79/EC of the European Parliament and of the Council of 27 October 1998 on in vitro diagnostic medical devices (OJ 1998 L 331, p. 1), by ordering the certification company TÜV Rheinland Product Safety GmbH, through the Federal Republic of Germany, to activate, in favour of the applicant, the mandatory civil liability insurance provided for in point 6 of Annex XI to Directive 93/42, which that company took out, and, if the alleged damage cannot be remedied by the principal claim, in the alternative, a claim for compensation for the damage sustained by the applicant on account of the various omissions on the part of the Commission

Operative part of the order

1. The action is dismissed.

2. Portela — Comércio de artigos ortopédicos e hospitalares, Lda is ordered to pay the costs.

(1) OJ C 155, 7.7.2007.
EN Official Journal of the European Union C 19/36

Order of the Court of First Instance of 27 November 2008 — Dow AgroSciences and Others v Commission

(Case T-367/07) (1)

(2009/C 19/71)

Language of the case: English

The President of the Court of First Instance (Second Chamber) has ordered that the case be removed from the register.

(1) OJ C 283, 24.11.2007.
EN Official Journal of the European Union C 24/69

Order of the Court of First Instance of 30 November 2009 — RedEnvelope v OHIM — Red Letter Days (redENVELOPE)

(Joined Cases T-415/07 and T-416/07) (1)

2010/C 24/125

Language of the case: English

The President of the Court of First Instance (Sixth Chamber) has ordered that the joined cases be removed from the register.

(1) C 8, 12.1.2008.
EN Official Journal of the European Union C 153/50

Order of the Court of First Instance of 8 May 2009 — Opus Arte UK v OHIM — Arte (OPUS ARTE)

(Case T-170/07) (1)

2009/C 153/95

Language of the case: English

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

(1) OJ C 170, 21.7.2007.
Official Journal of the European Union

Order of the General Court of 1 September 2010 — Fabryka Samochodòw Osobowych v Commission

(Case T-88/07) (1)

()

(2010/C 288/118)

Language of the case: Polish

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

(1) OJ C 117, 29.5.2007.