Order of the Court of First Instance of 2 July 2004 in Case T-9/03, Federazione Regionale Coltivatori Diretti della Sardegna and CIA v Commission of the European Communities (State aid — Action for annulment and compensation — Decision finding an aid scheme incompatible with the common market — Actions brought by representatives of potential beneficiaries of that scheme — Inadmissibility)
Date: 2004-09-11
Institutions: Court of First Instance
Subjects: European Commission, Italy, Sardinia, State aid, action for annulment (EU), aid system, fuel, regional aid, sericulture

C 228/40

EN

Official Journal of the European Union

11.9.2004

ORDER OF THE COURT OF FIRST INSTANCE

ORDER OF THE COURT OF FIRST INSTANCE

of 7 June 2004

in Case T-333/02: Gestoras Pro-Amnistía and Others v
Council of the European Union (1)

(Action for damages — Justice and home affairs — Common
position of the Council — Measures concerning persons,
groups and entities involved in terrorist acts — Manifest lack
of jurisdiction — Action manifestly unfounded)

(2004/C 228/90)

(Language of the case: French)

Juan Mari Olano
In Case T-333/02, Gestoras Pro-Amnistía,
Olano, residing in Gradignan (France), Julen Zelarain Errasti,
residing in Madrid (Spain), represented by D. Rouget, lawyer, v
Council of the European Union (Agents: M. Vitsentzatos et M.
Bauer), supported by the Kingdom of Spain, represented by its
Agent, with an address for service in Luxembourg, and by the
United Kingdom of Great Britain and Northern Ireland (Agents:
initially P. Ormond, subsequently C. Jackson, with an address
for service in Luxembourg) — application for damages as
compensation for damage allegedly suffered by the applicants
as a result of the inclusion of Gestoras Pro-Amnistía in the list
of persons, groups and entities involved in terrorist acts
provided for in Article 1 of the Council Common Position of
27 December 2001 on the application of specific measures to
combat terrorism (OJ 2001 L 344, p. 93), of the Council
Common Position of 2 May 2002 updating Common Position
2001/931/CFSP (OJ 2002 L 116, p. 75), and of the Council
Common Position of 17 June 2002 updating Common Position
2001/931/CFSP
Position
repealing
2002/340/CFSP (OJ 2002 L 160, p. 32) — the Court of First
Instance (Second Chamber), composed of J. Pirrung, President,
A.W.H. Meij and N. J. Forwood, Judges; H. Jung, Registrar, has
made an Order on 7 June 2004, the operative part of which is
as follows:

Common

and

1) The action is dismissed.

2) Each party shall bear its own costs.

(1) OJ C 19 of 25.1.2003.

of 27 May 2004

in Case T- 358/02: Deutsche Post AG and DHL Interna-
tional Srl v Commission of the European Communities (1)

(State aid — Approval by the Commission of aid granted by
the Italian authorities to Poste Italiane — Action for annul-
ment brought by competitors — Inadmissibility)

(2004/C 228/91)

(Language of the case: German)

In Case T- 358/02: Deutsche Post AG, established in Bonn
(Germany), DHL International Srl., established in Rozzano
(Italy), represented by J. Sedemund and T. Lübbig,
lawyers,
against Commission of the European Communities (Agents: V.
Di Bucci, J. Flett and V. Kreuschitz), supported by the Italian
Republic (Agents: initially U. Leanza, subsequently I. Braguglia,
with an address for service in Luxembourg) and by Poste
Italiane SpA, established in Rome (Italy), represented by B.
O'Connor, Solicitor, and A. Fratini, lawyer — action for annul-
ment of Commission Decision 2002/782/EC of 12 March
2002 on the aid granted by Italy to Poste Italiane SpA
(formerly Ente Poste Italiane) (OJ 2002 L 282, p. 29) — the
Court of First Instance (Second Chamber, Extended Composi-
tion), composed of J. Pirrung, President, V. Tiili, A.W.H. Meij,
M. Vilaras and N.J. Forwood, Judges; H. Jung, Registrar, has
made an order on 27 May 2004, the operative part of which is
as follows:

1. The action is dismissed as inadmissible.

2. The applicants shall bear their own costs and pay those incurred
Italiane SpA. The Italian

by the Commission and by Post
Republic shall bear its own costs.

(1) OJ C 44, 22.2.2003.

ORDER OF THE COURT OF FIRST INSTANCE

of 2 July 2004

in Case T-9/03, Federazione Regionale Coltivatori Diretti
della Sardegna and CIA v Commission of the European
Communities (1)

(State aid — Action for annulment and compensation —
Decision finding an aid scheme incompatible with the
common market — Actions brought by representatives of
potential beneficiaries of that scheme — Inadmissibility)

(2004/C 228/92)

(Language of the case: Italian)

In Case T-9/03, COLDIRETTI — Federazione Regionale Coltiva-
(Italy) —
tori Diretti della Sardegna, established in Cagliari

11.9.2004

EN

Official Journal of the European Union

C 228/41

Confederazione Italiana Agricoltori della Sardegna, established
in Cagliari (Italy), represented by G. Dore and F. Ciulli, lawyers,
against the Commission of the European Communities (Agent:
V. di Bucci, with an address for service in Luxembourg), appli-
cation, principally, for annulment of Commission Decision No
2002/785/EC of 7 May 2002 on the aid Italy is planning to
grant under Article 21 of Region of Sardinia Law No 21/2000
to agricultural holdings using fuel other than methane, and, in
the alternative, application for compensation for damage alleg-
edly suffered by the applicants as the result of that decision, the
Court of First Instance (Second Chamber, Extended Composi-
tion), composed of
J. Pirrung, President, A.W.H. Meij, N.J.
Forwood, I. Pelikánová and S.S. Papasavvas, Judges; Registrar:
H. Jung, made an order on 2 July 2004, the operative part of
which is as follows:

1. The action is dismissed as inadmissible.

2. The applicants are ordered to pay the costs.

(1) OJ C 55 of 8.3.2003.

ORDER OF THE COURT OF FIRST INSTANCE

of 27 May 2004

in Case T-61/03: Irwin Industrial Tool Co. v Office for
Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) (1)

(Community trade mark — Word mark QUICK-GRIP —
Absolute ground for refusal — Descriptiveness — Article
7(1)(c) of Regulation (EC) No 40/94 — Refusal to register
— Action manifestly lacking any foundation in law)

(2004/C 228/93)

(Language of the case: English)

(United States),

Irwin Industrial Tool Co., established in
In Case T-61/03:
represented by
Illinois
Hoffman Estates,
G. Farrington, Solicitor, against Office for Harmonisation in the
Internal Market (Trade Marks and Designs)
(Agents:
G. Humphreys and S. Laitinen) — action brought against the
decision of
the Third Board of Appeal of OHIM of 20
November 2002 (Case R 110/2002-3) refusing to register the
word mark QUICK-GRIP as a Community trade mark — the
Court of First
Instance (Fourth Chamber), composed of H.
Legal, President, V. Tiili and M. Vilaras, Judges; H. Jung, Regis-
trar, has made an order on 27 May 2004, the operative part of
which is as follows:

(OHIM)

1. The action is dismissed.

2. The applicant shall pay the costs.

(1) OJ C 101 of 26.4.2003.

ORDER OF THE COURT OF FIRST INSTANCE

of 9 June 2004

in Case T-96/03: Manuel Camós Grau v Commission of the
European Communities (1)

(Investigation of the European Anti-fraud Office (OLAF)
concerning the management and financing of the Institute
for European-Latin American Relations — Possible conflict
of interests with regard to an investigator — Decision to
remove the investigator from the team — Action for annul-
ment — Preparatory measures — Inadmissible)

(2004/C 228/94)

(Language of the case: French)

In Case T-96/03: Manuel Camós Grau, an official of
the
Commission of the European Communities, residing in Brussels
(Belgium), represented by M.-A. Lucas, lawyer, against Commis-
sion of the European Communities (Agents:
initially H. van
Lier, then J.-F. Pasquier and C. Ladenburger, with an address for
service in Luxembourg) — application for, first, annulment of
the decision of the European Anti-fraud Office (OLAF) of 17
May 2002 to remove one of the investigators from the investi-
gation concerning the Institute for European-Latin American
relations in order to avoid any apparent conflict of interests,
without annulling the measures adopted by that investigator,
and also the decision implicitly rejecting the applicant's
complaint of 29 July 2002 against that decision and, second,
damages by way of compensation for the non-material damage
and damage to his career allegedly sustained as a consequence
of
Instance (Fourth
Chamber), composed of H. Legal, President, and V. Tiili and
M. Vilaras, Judges; H. Jung, Registrar, made an order on 9 June
2004, in which it:

those decisions — the Court of First

1. Dismisses the application as inadmissible;

2. Orders the parties to bear their own costs.

(1) OJ C 112 of 10.5.2003.