ddrg/super_eurlex huggingface dataset:
Order of the Court of First Instance (Fourth Chamber) of 11 June 2008 – European Association of Im- and Exporters of Birds and live Animals and Others v Commission

(Case T-209/06)

Action for annulment – Admissibility – Fourth paragraph of Article 230 EC – Natural and legal persons – Associations – Decision 2006/522/EC – Individual concern – Animal health – Protection measures in relation to avian influenza

1. 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)

Re:

APPLICATION for annulment of Commission Decision 2006/522/EC of 25 July 2006 amending Decisions 2005/759/EC and 2005/760/EC as regards certain protection measures in relation to highly pathogenic avian influenza and movements of certain live birds into the Community (OJ 2006 L 205, p. 28).

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 – Conditions for granting – Urgency – Serious and irreparable damage – Burden of proof – Financial loss – Situation which could jeopardise the existence of the applicant company – Assessment having regard to the company’s group situation – Control held by a natural person not a legal person – Not relevant (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 33-38)

2. Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Balancing of all the interests involved – Commission decision ordering recovery of State aid (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 45-46)

Subject of the case

Re:

APPLICATION for suspension of operation of Commission Decision 2007/492/EC of 24 January 2007 on State Aid No C 38/2005 (ex NN 52/2004) implemented by Germany for the Biria-Gruppe (OJ 2007 L 183, p. 27).

Operative part

Operative part

1. The application for interim measures is dismissed.

2. Costs are reserved.
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 – Serious and irreparable damage – 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 30-31)

2. Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Measures not prejudging the decision on the merits (Arts 233 EC, 242 EC and 243 EC) (see paras 46-49)

Subject of the case

Re:

APPLICATION for suspension of the operation of the decision of the European Parliament of 31 January 2007 annulling invitation to tender EP/DGINFO/WEBTV/2006/0003, in so far as concerns lot No 2, pending the decision of the Court of First Instance in the main action.

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

Applications for interim measures – Conditions of admissibility – Application – Formal requirements (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2) and (3)) (see paras 24-25, 30-33)

2. Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Urgency – Serious and irreparable damage – Financial loss – Situation which could jeopardise the existence of the applicant company (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 36-43)

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 50-52)

Subject of the case

Re:

APPLICATION for stay of execution of debit note No 3240912189 of 17 December 2007 relating to Commission Decision C(2007) 4645 of 4 October 2007 cancelling the assistance from the European Social Fund (ESF) granted to CPEM by Decision C(1999) 2645 of 17 August 1999.

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 (Art. 230, fourth para., EC) (see paras 41, 56

)

Subject of the case

Re:

APPLICATION for the annulment of Commission Decision C(2006) 5618/4 of 29 November 2006 concerning the national allocation plan for the allocation of greenhouse gas emission allowances, notified by the United Kingdom of Great Britain and Northern Ireland 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

1. The action is dismissed as inadmissible.

2. It is unnecessary to give a ruling on the application for leave to intervene by Castle Cement Ltd.

3. Cemex UK Cement Ltd is ordered to bear its own costs and pay those incurred by the Commission.

4. The United Kingdom of Great Britain and Northern Ireland is ordered to bear its own 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) and 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 Cementownia ‘Warta’ S.A. to bear its own costs and pay those of the Commission.
Keywords

Subject of the case

Operative part



Keywords

Non-contractual liability – Conditions – Unlawfulness – Damage – Causal link – Certain damage – Meaning – Imminent and foreseeable damage (Art. 288, second para., EC) (see paras 30, 33)

2. Actions for damages – Limitation period – Point from which time starts to run – Date to be taken into consideration – Whether conditions for non-contractual liability met (Art. 288, second para., EC; Statute of the Court of Justice, Arts 46 and 53) (see para. 32)

3. Actions for damages – Subject-matter – Claim for compensation in respect of damage for which the Community liable – Exclusive jurisdiction of the Community judicature (Art. 288, second para., EC) (see para. 38)

4. Actions for damages – Limitation period – Interruption – Conditions (Art. 288, second para., EC; Statute of the Court of Justice, Art. 46) (see para. 39)

Subject of the case

Re:

APPLICATION for damages for the harm allegedly suffered by the applicant as a result of various alleged illegal acts complained of against the Community institutions.

Operative part

Operative part

The Court:

1. Dismisses the action as inadmissible;

2. Orders Transports Schiocchet – Excursions SARL to bear the costs.
Keywords



Keywords

Application for interim measures

–

Suspension of operation of a measure

–

Conditions for granting

–

Prima facie case

–

Urgency

–

Balancing of all the interests involved

–

Suspension of operation of a regulation concerning the prevention, control and eradication of certain transmissible spongiform encephalopathies

–

Lawfulness (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2); Commission Regulation No 746/2008) (see paras 120, 124-126

)
Order of the Court of First Instance (Third Chamber) of 11 September 2007 – Fels-Werke and Others v Commission

(Case T-28/07)

Application for annulment – Directive 2003/87/EC – Scheme for greenhouse gas emission allowance trading – National plan for Germany’s allocation of greenhouse gas emission allowances for the period from 2008 to 2012 – Commission rejection decision – Not individually concerned – Inadmissibility

Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them (Art. 230, fourth para., EC; European Parliament and Council Directive No 2003/87, Arts 9 and 11) (see paras 59-61)

Re:

APPLICATION for annulment in part of the Commission’s Decision of 29 November 2006 on the national plan for the allocation of greenhouse gas emission allowances notified by the Federal Republic of Germany for the period from 2008 to 2012 pursuant to 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.
Keywords

Subject of the case

Operative part



Keywords

Actions for annulment

–

Natural or legal persons

–

Measures of direct and individual concern to them

–

Commission decision declaring an aid scheme incompatible with the common market

–

Action brought by an association of undertakings

–

Not individually concerned

–

Inadmissibility (Arts 88(2) and (3) EC and 230, fourth para., EC) (see paras 32-33, 36-39, 42-43, 48-49

)

Subject of the case

Re:

ANNULMENT of Commission Decision C(2007) 1939 final of 10 May 2007 not to object, following the preliminary examination procedure laid down in Article 88(3) EC, to the system of aid envisaged by the Vlaams Gewest (Flemish Region, Belgium) in support of inter-modal transport via inland waterways (State aid N 682/2006 – Belgium).

Operative part

Operative part

1. The action is dismissed as manifestly inadmissible.

2. Deltaqings and SVZ, Havenondernemersvereninging Rotterdam are ordered to bear their own costs and those incurred by the Commission.

3. Vlaams Gewest and Waterwegen en Zeekanaal NV are ordered to bear their own costs.
Order of the President of the Court of First Instance of 14 March 2008 – Huta Buczek v Commission

(Case T-440/07 R)

Interim measures – Application for suspension of operation of a measure – Admissibility – No urgency

1. 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)

Re:

APPLICATION for suspension of operation of Commission Decision C(2007) 5087 final of 23 October 2007 in Case No C 23/2006 (ex NN 35/2006) concerning State aid granted by Poland to the steel producer Grupa Technologie Buczek.

Operative part

The Court:

1. Dismisses the application;
Order of the Court of First Instance (Second Chamber) of 23 September 2008 – Grupa Ożarów v Commission

(Case T-197/07)

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

1. 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) and 11(1) and (2)) (see paras 32-39)

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

The Court:

1. Dismisses the action as inadmissible;
Order of the Court of First Instance (Seventh Chamber) of 2 June 2008 – Atlantic Dawn and Others v Commission

(Case T-172/07)

Action for annulment – Fishing quotas – Regulation (EC) No 2371/2002 – Lack of direct concern – Inadmissibility

Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them (Art. 230, fourth para., EC; Council Regulation No 2371/2002; Commission Regulation No 147/2007) (see paras 34-50)

Re:

ACTION for annulment of Commission Regulation (EC) No 147/2007 of 15 February 2007 adapting certain fish quotas from 2007 to 2012 pursuant to Article 23(4) of Council Regulation (EC) No 2371/2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (OJ 2007 L 46, p. 10).

Operative part

The Court:

1. Dismisses the action as inadmissible;

2. Orders the applicants, Atlantic Dawn Ltd and Others, to bear their own costs and pay those incurred by the Commission;
Order of the Court of First Instance (Fifth Chamber) of 14 May 2009 – US Steel Košice v Commission

(Case T-22/07)

Action for annulment – State aid – Act of Accession – Condition imposed on the beneficiary to limit its sales of flat products in the ‘enlarged EU’ – Commission letter interpreting the condition as applying to the Bulgarian and Romanian markets from the date of their accession – Act not amenable to review – Inadmissibility

Actions for annulment – Actionable measures – Definition – Measure producing binding legal effects – Letter from a Commission department to a Member State concerning the interpretation of a term and inviting the Member State to discuss – Not included (Art. 230, fourth para., EC) (see paras 40-45)

Re:

ACTION for annulment of the decision allegedly contained in the Commission’s letter of 22 November 2006, inasmuch as it interprets the condition imposed on the applicant to limit its sales of flat products in the ‘enlarged EU’ as applying also, from 1 January 2007, to the Bulgarian and Romanian markets.

Operative part

1. The action is dismissed as inadmissible.

2. US Steel Košice s.r.o. is ordered to bear its own costs and pay those incurred by the Commission.

3. The Slovak Republic is ordered to bear its own costs.
Order of the Court of First Instance (Second Chamber) of 27 October 2008 – Buzzi Unicem v Commission

(Case T-241/07)

Action for annulment – Directive 2003/87/EC – System of exchange of greenhouse gas emissions allowances – National plan for the allocation of emission allowances for Italy for the period from 2008 to 2012 – Commission Decision not to raise objections on certain conditions – Not individually concerned – Inadmissibility

Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them (Arts 230, para. 4, EC and 241 EC; European Parliament and Council Directive No 2003/87, Arts 9 and 11) (see paras 17-23, 26-27)

Re:

ANNULMENT of the Commission Decision of 15 May 2007 concerning the national plan for the allocation of greenhouse gas emission allowances notified by Italy for the period from 2008 to 2012, in accordance with Directive 2003/87/EC of the European Parliament and of the Council 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), inasmuch as the Commission makes its decision not to raise objections with regard to that national allocation plan conditional on withdrawal of the authorisation for installation operators to retain part of the allowances allocated in the event of ‘closure due to a production rationalisation process’.

Operative part

The Court:

1. Dismisses the action as inadmissible.
Keywords

Subject of the case

Operative part



Keywords

Applications for interim measures

–

Suspension of operation of a measure

–

Interim measures

–

Conditions for granting

–

Urgency

–

Arguments substantially the same as those submitted in an earlier case

–

Reference to the grounds for the previous decision

–

No urgency (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 6-7

)

Subject of the case

Re:

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

Operative part

Operative part

The Court:

1. Dismisses the application for interim relief;

2. Reserves the costs.
Keywords

Subject of the case

Operative part



Keywords

Procedure

–

Interpretation of a judgment

–

Conditions for the admissibility thereof (Rules of Procedure of the Court of First Instance, Art. 129) (see para. 8

)

Subject of the case

Re:

APPLICATION for interpretation of the judgment of the Court of First Instance (Seventh Chamber) of 4 December 2008 in Case T-284/08.

Operative part

Operative part

1. The application for interpretation is dismissed as clearly inadmissible.

2. The Council is ordered to bear, in addition to its own costs, the costs of the People’s Mojahedin Organization of Iran.

3. The French Republic and the Commission are ordered to pay their own costs.
Keywords

Subject of the case

Operative part



Keywords

Application for interim measures

–

Suspension of operation of a measure

–

Interim measures

–

Conditions for granting

–

Urgency

–

Serious and irreparable damage

–

Financial loss (Arts 225(1) EC, 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 12-19

)

Subject of the case

Re:

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

Operative part

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

–

Action against a decision applying guidelines for State aid for regional purposes

–

Act attributable solely to the Commission

–

Action brought against the Council and Commission

–

Partial inadmissibility (Art. 230 EC) (see paras 9-13

)

Subject of the case

Re:

APPLICATION to annul Commission Decision 2008/854/EC of 2 July 2008, on a State aid scheme, Regional Act No 9 of 1998 – Misapplication of aid N 272/98 (OJ 2008 L 302, p. 9).

Operative part

Operative part

1. The appeal is dismissed as inadmissible insofar as it is against the Council of the European Union.

2. SF Turistico Immobiliare Srl is ordered to pay the costs of the Council and its own costs of the proceedings on the plea of inadmissibility.
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 – Serious and irreparable damage – Cumulative nature (Arts 225 EC, 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 10-13)

2. Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Serious and irreparable damage – Burden of proof – Financial loss (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 28-29, 35-39, 42, 45-47)

3. Applications for interim measures – Conditions of admissibility – Application – Formal requirements – Statement of the pleas in law establishing a prima facie case for granting the measures sought (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Arts 104(2) and (3) and 109) (see paras 30-31)

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 61-62)

Subject of the case

Re:

APPLICATION for suspension of the operation of Article 1 of Commission Decision C(2008) 2223 final of 4 June 2008 on the State aid awarded by the Republic of Hungary through power purchase agreements.

Operative part

Operative part

1. The application for interim relief is dismissed.

2. Costs are reserved.
Order of the Court of First Instance (Second Chamber) of 30 June 2009 — CPEM v Commission

(Case T-106/08)

‛Action for annulment — Debit note — Non-actionable measure — Confirmatory measure — Inadmissibility — Action for compensation — Action clearly without legal foundation’

1. Actions for annulment — Actionable measures — Concept (Art. 230 EC) (see paras 25, 29)

2. Non-contractual liability — Conditions (Arts 235 EC and 288, second para., EC) (see paras 40, 41)

Re:

APPLICATION for annulment of debit note No 3240912189 of 17 December 2007 relating to Commission Decision C(2007) 4645 of , cancelling the assistance granted to CPEM by the European Social Fund (ESF) by Decision C(1999) 2645 of .

Operative part

1. The application for annulment is dismissed as inadmissible.

2. The claim for compensation is dismissed as clearly without legal foundation.