Case T-127/05: Action brought on 24 March 2005 by Lootus Teine Osaühing against the Council of the European Union
Date: 2005-05-14
Institutions: Court of First Instance
Subjects: Council of the European Union, Estonia, action for annulment (EU), fishing agreement, fishing industry, fishing regulations, transitional period (EU)

C 115/38

EN

Official Journal of the European Union

14.5.2005

The applicant contends further that in assessing the price, the
Commission incorrectly, and in breach of the requirements of
paragraph 1.3 of the instructions to tenders based its decision
solely on the basic tender price and thus, in spite of their rele-
vance, the pricing of spare parts and maintenance costs were
not taken into consideration.

Finally, the applicant submits that the competitor All Trade
S.r.l. does not provide any guarantee, either by its expertise or
financial standing or by its technical experience, that it will
successfully carry out the project in question.

Convention. Estonia was a party to that Convention prior to its
accession to the European Union. Article 6(9) of the Act of
Accession of Estonia and the other new Member States to the
European Union (3) provides that as from the date of accession,
fisheries agreements concluded by the new Member States shall
be managed by the Community and that the rights and obliga-
tions resulting for the new Member States from those agree-
ments shall not be affected during the period in which the
provisions of those agreements are provisionally maintained. It
is in this context that the contested measures were issued, allo-
cating Estonia fishing opportunities, measured in metric tons of
allowable catch of certain stocks in 2004, 2005 and 2006.

Action brought on 24 March 2005 by Lootus Teine
Osaühing against the Council of the European Union

(Case T-127/05)

(2005/C 115/67)

(Language of the case: English)

An action against the Council of the European Union was
brought before the Court of First Instance of the European
Communities on 24 March 2005 by Lootus Teine Osaühing,
established in Tartu (Estonia), represented by T. Sild and K.
Martin, lawyers.

The applicant claims that the Court should:

— annul the annex to Council Regulation (EC) No 2269/2004
of 20 December 2004 amending Regulations (EC) Nos
2340/2002 and 2347/2002 as concerns fishing opportu-
nities for deep sea species for the new Member States
which acceded in 2004 (1), as regards fishing opportunities
allocated to Estonia;

— annul Part 2 of the Annex to Council Regulation (EC) No
2270/2004 (2) of 22 December 2004 fixing for 2005 and
2006 the fishing opportunities for Community fishing
vessels for certain deep-sea fish stocks, as regards fishing
opportunities allocated to Estonia;

— order the defendant to pay the costs.

Pleas in law and main arguments

The applicant is an Estonian fishing company which practises
deep sea fishing in the area of the North East Atlantic Fisheries

According to the applicant these allocations constitute only a
fraction of what Estonia legally harvested before accession. On
this basis the applicant contends that the contested measures
violated Article 6(9) of the Act of Accession as well as the prin-
ciple of proportionality, and should therefore be annulled.

(1) OJ L 396, 31.12.2004, p. 1.
(2) OJ L 396, 31.12.2004, p. 4.
(3) OJ L 236, 23.09.2003.

Action brought on 23 February 2005 by Wal-Mart Stores
Inc. against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs)

(Case T-129/05)

(2005/C 115/68)

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

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 23
February 2005 by Wal-Mart Stores Inc., represented by Fernand
de Visscher, Emmanuel Cornu, Eric de Gryse, Donatienne
Moreau,
Jorge Grau Mora, Alejandro Angulo Labora, Maite
Ferrándiz Avendaño, María Baylos Morales and Antonio Velás-
quez Ibáñez, lawyers.