ddrg/super_eurlex huggingface dataset:
Order of the Court of First Instance (Fourth Chamber) of 5 September 2006 – Finland v Commission

(Case T-350/05)

Preliminary issues – Objection of inadmissibility – Act without binding legal effect – Own resources of the European Communities – Infringement procedure – Default interest provided for in Article 11 of Regulation (EC, Euratom) No 1150/2000 – Negotiation of an agreement on a conditional payment

1. Actions for annulment – Actionable measures – Measures producing binding legal effects (Art. 230 EC; Council Regulation No 1150/2000) (see paras 36-38)

2. Own resources of the European Communities – Establishment and making available by the Member States (Council Regulation No 1150/2000) (see paras 39-47)

Re:

APPLICATION for annulment of the decision of the Commission (General Secretariat) contained in the letter of 8 July 2005, by which the Commission refused to open negotiations with the Republic of Finland concerning the conditional payment of duties claimed retroactively together with default interest accrued up to the date of payment of those duties, claimed by the Commission from the Republic of Finland in the context of infringement procedure No 2003/2180, brought under Article 226 EC.

Operative part

The Court:

Dismisses the action as inadmissible;
Order of the President of the Court of First Instance of 29 January 2007 – Olympiaki Aeroporia Ypiresies v Commission

(Case T-423/05 R)

Interim measures – Suspension of operation – State aid – Urgency

1. Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Prima facie case – Cumulative requirements (Arts 225(1) EC, 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 62-64)

2. Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 66-69)

3. Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Serious and irreparable damage (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 70-71)

Re:

APPLICATION for the suspension of operation of Article 2(1) in combination with Article 1(2) to (4) of the Commission’s decision concerning State aid (C 11/2004 (ex NN 4/2003) – Olympic Airways – Restructuring and privatisation) of 14 September 2005.

Operative part

The Court:

Dismisses the application for interim measures;
Keywords

Subject of the case

Operative part



Keywords

Procedure – Application initiating proceedings – Formal requirements (Statute of the Court of Justice, Arts 19, third and fourth paras, 21, second para., and 53, first para.; Rules of Procedure of the Court of First Instance, Arts 43(1) and 44(3)) (see paras 25-30)

2. Procedure – Time-limit for instituting proceedings – Time barred – Excusable error – Definition (Statute of the Court of Justice, Art. 21, second para.; Rules of Procedure of the Court of First Instance, Art. 44(6)) (see paras 31-44)

Subject of the case

Re:

APPLICATION for, first, annulment of Decision MK/KS/DELTUR/(2005)/SecE/D/1614 of 23 December 2005 concerning the award of a public works contract for the construction of educational establishments in the Provinces of Siirt and Diyarbakir (EuropeAid/121601/C/W/TR) and, second, suspension of the award procedure in question.

Operative part

Operative part

The Court:

1. Dismisses the action as inadmissible;

2. Orders the applicants, Diy-Mar Insaat Sanayi ve Ticaret Ltd Sirketi and Musa Akar, to bear their own costs and, jointly and severally, pay the Commission’s costs.
Keywords

Subject of the case

Operative part



Keywords

Actions for annulment

–

Natural and legal persons

–

Measures of direct and individual concern to them (Art. 230, fourth para., EC) (see paras 41, 43-47, 51-54, 64, 67, 70

)

Subject of the case

Re:

ACTION for the annulment of Commission Decision C(2006)1171 of 23 March 2006 concerning a reduction in assistance from the European Social Fund (ESF) for an operational programme in the Region of Sicily forming part of the Community support framework for structural assistance under Objective 1 in Italy (period 1994 to 1999).

Operative part

Operative part

The Court:

1. Dismisses the action as inadmissible;

2. Orders the Regione Siciliana to pay the costs.
Keywords

Subject of the case

Operative part



Keywords

Applications for interim measures – Conditions of admissibility – Admissibility of main application – Irrelevance – Limits (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(1); Council Directive 91/414, Art. 8(2)) (see paras 39-49)

2. Actions for failure to act – Formal notice to the institution (Art. 232 EC) (see paras 53-59)

Subject of the case

Re:

APPLICATIONS for suspension of operation of a decision alleged to be contained in a letter from the Commission dated 12 October 2006 concerning the evaluation of the active substance azinphos-methyl, in accordance with 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), and for other interim measures.

Operative part

Operative part

1. Cases T‑393/06 R I, T‑393/06 R II and T‑393/06 R III are joined for the purposes of the present order.

2. The applications for interim measures are dismissed.

3. Costs are reserved.
Keywords



Keywords

Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them – Commission decision concerning protection measures against avian influenza affecting imports into the Community of birds from non-member countries (Art. 230, fourth para., EC; Commission Decision 2006/522) (see paras 28-34)

2. Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them – Commission decision concerning protection measures against avian influenza affecting imports into the Community of birds from non-member countries (Art. 230, fourth para., EC; Commission Decision 2006/522) (see para. 36)
Keywords

Subject of the case

Operative part



Keywords

Actions for annulment – Actionable measures – Definition – Measures producing binding legal effects (Art. 230 EC; Commission Regulation No 451/2000, Art. 8(7); Council Directive No 91/414) (see paras 40-41, 46-47)

2. Plea of illegality – Incidental nature – Main action inadmissible (Art. 241 EC) (see paras 63-64)

3. Procedure – Application initiating proceedings – Formal requirements (Statute of the Court of Justice, Arts 21, first para., and 53, first para.; Rules of Procedure of the Court of First Instance, Art. 44(1)) (see paras 69-71, 73-74)

4. Procedure – Measures of organisation of procedure – Request for production of documents (Rules of Procedure of the Court of First Instance, Art. 64(3)(d) and (4)) (see paras 78-80)

Subject of the case

Re:

APPLICATION for (i) annulment of the opinion of EFSA of 28 July 2006 on the assessment of the active substance haloxyfop‑R under 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), and (ii) compensation for the damage sustained.

Operative part

Operative part

The Court:

1. Dismisses the action;

2. Orders Dow AgroSciences Ltd, the European Food Safety Authority (EFSA) and the Commission each to bear their own costs.
Order of the President of the Court of First Instance of 2 August 2006 – Aughinish Alumina v Commission

(Case T-69/06 R)

Application for interim measures – Application for suspension of operation of a measure – State aid – Urgency

1. Applications for interim measures – Suspension of operation – Interim relief – Conditions of grant – Urgency – Prima facie case – Cumulative requirements (Arts 225(1) EC, 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 31-33)

2. Applications for interim measures – Suspension of operation – Conditions of grant – Urgency – Serious and irreparable damage (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 64-67, 69, 72, 80-81)

3. Applications for interim measures – Suspension of operation – Conditions of grant – Prima facie case – Urgency – Cumulative requirements (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 84-86)

Re:

APPLICATION for suspension of the operation of Commission Decision 2006/323/EC of 7 December 2005 concerning the exemption from excise duty on mineral oils used as fuel for alumina production in Gardanne, in the Shannon region and in Sardinia, implemented by France, Ireland and Italy respectively (OJ 2006 L 119, p. 12), in so far as it relates to the applicant.

Operative part

The Court:

1. Dismisses the application for interim measures;
Order of the Court of First Instance (Second Chamber) of 24 April 2007 – Gorostiaga Atxalandabaso v Parliament

(Case T‑132/06)

Compliance with a judgment of the Court of First Instance – Action partly clearly inadmissable and partly clearly devoid of legal foundation

1. Actions for annulment – Judgment annulling a measure – Effets – Obligation to adopt measures to comply with the judgment (Art. 233 EC) (see paras 28-30)

2. European Parliament – Regulation governing the payment of expenses and allowances to Members of the European Parliament (see paras 41-46)

3. Procedure – Res judicata – Scope (see paras 49-51)

4. Procedure – Production before the Court of First Instance of opinions given by the legal services of the Community institutions before the Court of First Instance – Conditions (see para. 68)

Re:

ANNULMENT of the decision of the Secretary-General of the European Parliament of 22 March 2006 adopted in consequence of the Court of First Instance’s judgment of 22 December 2005 in Case T-146/04 Gorostiaga Atxalandabaso v Parliament [2005] ECR II‑5989.

Operative part

The Court:

Dismisses the action;
Order of the President of the Court of First Instance of 26 February 2007 – Sumitomo Chemical Agro Europe v Commission

(Case T-416/06 R)

Application for interim measures – Application for suspension of operation – Directive 91/414/EEC – No urgency

1. Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Prima facie case – Cumulative nature – Weighing-up of all the interests at stake (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 16-17)

2. Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage – Meaning – Burden of proof (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 38-39)

3. Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Serious and irreparable damage (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 48-49, 60, 69-70)

Re:

APPLICATION for suspension of certain provisions of Commission Directive 2006/132/EC of 11 December 2006 amending Council Directive 91/414/EEC to include procymidone as an active substance (OJ 2006 L 349, p. 22), and for certain other interim measures.

Operative part

The Court:

Dismisses the application for interim measures;
Order of the Court of First Instance (Second Chamber) of 17 June 2008 – Dow AgroSciences v EFSA

(Case T-397/06)

Action for annulment – Action for damages – Directive 91/414/EEC – Plant protection products – Opinion of the European Food Safety Authority – Non-actionable measure – Preparatory measure – Inadmissibility

1. Actions for annulment – Actionable measures – Definition – Measures producing binding legal effects (Art. 230 EC; Commission Regulation No 451/2000, Art. 8(7); Council Directive No 91/414) (see paras 40-41, 46-47)

2. Plea of illegality – Incidental nature – Main action inadmissible (Art. 241 EC) (see paras 63-64)

3. Procedure – Application initiating proceedings – Formal requirements (Statute of the Court of Justice, Arts 21, first para., and 53, first para.; Rules of Procedure of the Court of First Instance, Art. 44(1)) (see paras 69-71, 73-74)

4. Procedure – Measures of organisation of procedure – Request for production of documents (Rules of Procedure of the Court of First Instance, Art. 64(3)(d) and (4)) (see paras 78-80)

Re:

APPLICATION for (i) annulment of the opinion of EFSA of 28 July 2006 on the assessment of the active substance haloxyfop‑R under 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), and (ii) compensation for the damage sustained.

Operative part

The Court:

1. Dismisses the action;
Order of the Court of First Instance (Third Chamber) of 11 December 2007 – Regione Siciliana v Commission

(Case T-156/06)

European Social Fund (ESF) – Reduction in Community financial assistance initially granted – Action for annulment – Regional or local entity – Lack of direct effect – Inadmissibility

Actions for annulment – Natural and legal persons – Measures of direct and individual concern to them (Art. 230, fourth para., EC) (see paras 41, 43-47, 51-54, 64, 67, 70)

Re:

ACTION for the annulment of Commission Decision C(2006)1171 of 23 March 2006 concerning a reduction in assistance from the European Social Fund (ESF) for an operational programme in the Region of Sicily forming part of the Community support framework for structural assistance under Objective 1 in Italy (period 1994 to 1999).

Operative part

The Court:

1. Dismisses the action as inadmissible;
Order of the Court of First Instance (Seventh Chamber) of 29 September 2008 – Powderject Research v OHIM (POWDERMED)

(Case T-166/06)

Community trade mark – Application for the Community word mark POWDERMED – Absolute ground for refusal – Descriptiveness – Article 7(1)(b) and (c) of Regulation (EC) No 40/94

Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks composed exclusively of signs or indications which may serve to designate the characteristics of goods (Council Regulation No 40/94, Art. 7(1)(c)) (see paras 22-25)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 12 April 2006 (Case R 1189/2005‑2) concerning an application for registration of the word sign POWDERMED as a Community trade mark.

Information relating to the case

Applicant for the Community trade mark: Powderject Research Ltd Community trade mark sought: Word mark POWDERMED for goods and services in Classes 5, 10 and 42 – Application No 4202743 Decision of the Examiner: Refusal of registration Decision of the Board of Appeal: Appeal dismissed





Operative part

The Court:

1. Dismisses the action;
Keywords

Subject of the case

Operative part



Keywords

Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Prima facie case – Urgency – Cumulative nature – Weighing-up of all the interests at stake (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 10-11)

2. Applications for interim measures – Suspension of operation of a measure – Conditions of admissibility – Prima facie admissibility of the main action (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 22-24)

3. Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Serious and irreparable damage (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 34-36)

Subject of the case

Re:

APPLICATION for suspension of operation of Commission Decision C(2005) 5361, of 7 December 2005, concerning the recovery of financial assistance paid in the context of a subsidy granted to the Dimos Peramatos (Commune of Perama) by Decision C 97/1997/final of 17 July 1997.

Operative part

Operative part

The Court:

1. Dismisses the application for interim measures;

2. Reserves the costs.
Keywords



Keywords

Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Prima facie case – Urgency – Cumulative nature – Balancing of all the interests involved (Arts 225(1) EC, 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 18-20)

2. Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Urgency – Serious and irreparable damage (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 23-24, 46-50, 62)

3. Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Serious and irreparable damage – Commission decision ordering recovery of State aid (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 67-68)

4. Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Balancing of all the interests involved – Decision on State aid (Arts 88(2) EC and 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2); Council Regulation No 659/1999, Art. 7) (see paras 75-76)
Keywords

Subject of the case

Operative part



Keywords

Applications for interim measures – Conditions of admissibility – Prima facie admissibility of the main action (Arts 230 EC, 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(1); Council Directive 91/414; Commission Decision 2007/416) (see paras 47-48, 50, 61-62, 67)

2. Applications for interim measures – Conditions of admissibility – Application – Formal requirements (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2) and (3)) (see paras 68-69)

3. Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Urgency – Serious and irreparable damage (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 109-112, 114, 118)

Subject of the case

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

Operative part

The Court:

1. Dismisses the application for interim measures;

2. Reserves the costs.
Keywords

Subject of the case

Operative part



Keywords

Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them – Whether directly concerned – Criteria (Art. 230, fourth para., EC; European Parliament and Council Directive No 2003/87, Arts 9(1) and (3) and 11(2)) (see paras 22, 28, 44-45)

2. Environment – Atmospheric pollution – Directive 2003/87 – National allocation plan for the allocation of greenhouse gas emission allowances (NAP) – NAP notification procedure (Arts 175 EC and 176 EC; European Parliament and Council Directive No 2003/87, Arts 9(3), 11(1) and (2)) (see paras 32-39)

Subject of the case

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

Operative part

The Court:

1. Dismisses the action as inadmissible;

2. Orders Cemex Polska sp. z o.o. to bear its own costs and pay those incurred by the Commission.
Keywords

Subject of the case

Operative part



Keywords

Applications for interim measures – Conditions of admissibility – Prima facie admissibility of the main action (Arts 230 EC, 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(1); Council Directive 91/414; Commission Decision 2007/629) (see paras 27-28, 32, 47-48, 67)

2. Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Urgency – Serious and irreparable damage (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 69-72, 77, 103)

3. Applications for interim measures – Interim measures – Conditions for granting – Urgency – Account to be taken of a lack of diligence on the part of the applicant (Art. 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see para. 111)

Subject of the case

Re:

APPLICATION for suspension of the operation of Commission Decision 2007/629/EC of 20 September 2007 concerning the non-inclusion of trifluralin in Annex I to Council Directive 91/414/EEC and the withdrawal of authorisations for plant protection products containing that substance (OJ 2007 L 255, p. 42), until delivery of the judgment in the main proceedings.

Operative part

Operative part

The Court:

1. Dismisses the application for interim measures;

2. Reserves the costs.
Keywords

Subject of the case

Operative part



Keywords

Community trade mark

–

Definition and acquisition of the Community trade mark

–

Absolute grounds for refusal

–

Marks devoid of any distinctive character (Council Regulation No 40/94, Art. 7(1)(b)) (see paras 20-24

)

Subject of the case

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 15 May 2007 (Case R 668/2006-1), concerning registration as a Community trade mark of a figurative sign representing a right pocket.

Operative part

Operative part

1. The action is dismissed as manifestly devoid of any legal basis.

2. Tom Tailor GmbH is ordered to pay the costs.
Keywords

Subject of the case

Operative part



Keywords

Non-contractual liability

–

Conditions

–

Sufficiently serious breach of a rule conferring rights on individuals (Arts 235 EC and 288, para. 2, EC) (see paras 18, 22

)

Subject of the case

Re:

ACTION in non-contractual liability seeking compensation for financial loss allegedly suffered by the applicant through the Commission’s failure to ensure the full application and correct interpretation of the Community provisions governing the activities of financial intermediaries.

Operative part

Operative part

The Court:

1. Dismisses the action as clearly unfounded.

2. Orders Mr Rosario Maria Pellegrini to pay the costs, including those relating to the interim proceedings.
Order of the Court of First Instance (Third Chamber) of 1 October 2007 – US Steel Košice v Commission

(Case T-27/07)

Action for annulment – Directive 2003/87/EC – Scheme for greenhouse gas emission allowance trading – National allocation plan for emission allowances for Slovakia in respect of the period from 2008 to 2012 – Commission rejection decision – Lack of direct concern – Inadmissibility

Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them (Art. 230 EC; European Parliament and Council Directive No 2003/87, Art. 9(3)) (see paras 55, 79-80)

Re:

ACTION for annulment of the Commission Decision of 29 November 2006 on the national allocation plan for the allocation of emissions allowances for greenhouse gases notified by the Slovak Republic 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

1. The application is dismissed as inadmissible.