Order of the President of the Court of First Instance of 26 March 2003 in Case T-85/03 R: Government of the Cayman Islands v Commission of the European Communities (Procedure for interim relief — Overseas countries and territories — Request for establishment of a partnership working party — Alleged decision to refuse — Partial inadmissibility of heads of relief sought — Admissibility of main action — Urgency — Absence)
Date: 2003-06-07
Institutions: Court of First Instance
Subjects: Cayman Islands, European Commission, savings, tax

7.6.2003

EN

Official Journal of the European Union

C 135/31

ORDER OF THE COURT OF FIRST INSTANCE

ORDER OF THE PRESIDENT OF THE COURT OF FIRST
INSTANCE

of 10 March 2003

of 26 March 2003

in Case T-303/01: Ayuntamiento de Osera de Ebro v
Commission of the European Communities (1)

(Project for the construction of the Madrid-Barcelona-French
border high-speed line — Financial assistance from the
Cohesion Fund — Expected impact of the route on the
environs of the Soto de Aguilar protected area — Com-
mission refusal to initiate proceedings for failure to fulfil
obligations — Action for annulment — Natural and legal
persons — Act directly affecting them — Inadmissibility)

(2003/C 135/50)

(Language of the case: Spanish)

In Case T-303/01: Ayuntamiento de Osera de Ebro, established
in Zaragoza (Spain), represented by J. Ariño Barcelona, lawyer,
against Commission of the European Communities (Agent:
G. Valero Jordana), supported by Kingdom of Spain (Agent:
R. Silva de Lapuerta) — application for annulment of the
decision of the Commission of 13 July 2001 refusing to
initiate proceedings for a finding of failure to fulfil obligations
under Article 226 EC against the Kingdom of Spain and
seeking the adoption of measures intended to prevent the
Spanish authorities from implementing their decision of
17 March 1999 concerning the route to be followed by the
Madrid-Barcelona-French border high-speed line — the Court
of First Instance (Second Chamber), composed of N.J. Forwood,
President, J. Pirrung and A.W.H. Meij, Judges; H. Jung, Registrar,
made an order on 10 March 2003, the operative part of which
is as follows:

1.

The application is dismissed as inadmissible.

2.

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

3.

The Kingdom of Spain shall bear its own costs.

( 1) OJ 2002 C 44.

in Case T-85/03 R: Government of the Cayman Islands v
Commission of the European Communities

(Procedure for interim relief — Overseas countries and
territories — Request for establishment of a partnership
working party — Alleged decision to refuse — Partial
inadmissibility of heads of relief sought — Admissibility of
main action — Urgency — Absence)

(2003/C 135/51)

(Language of the case: English)

In Case T-85/03 R: Government of the Cayman Islands,
represented by E. Sharpston, QC, against Commission of the
European Communities (Agents: R. Lyal and B. Eggers) —
application for interim measures in respect of the ongoing
legislative consideration of the Commission’s ‘Proposal for a
Council directive to ensure effective taxation of savings income
in the form of interest payments within the Community’
(COM/2001/0400 final, OJ 2001 C 270 E, p. 259), submitted
on 18 July 2001 and based on Article 94 EC — the President
of the Court of First Instance has made an order on 26 March
2003, the operative part of which is as follows:

1.

2.

The application is dismissed;

Costs are reserved.

Action brought on 4 February 2003 by Osotspa Co., Ltd.
against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs)

(Case T-33/03)

(2003/C 135/52)

(Language of the case to be determined pursuant to Article 131(2)
of the Rules of Procedure — language in which the application was
submitted: German)

An action against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) was brought before the
Court of First Instance of the European Communities on