Order of the Court of First Instance of 8 June 2005 in Case T-287/03 Società imballaggi metallici Salerno Srl (SIMSA) v Commission of the European Communities (Action for annulment — Access to documents — Regulation (EC) No 1049/2001 — No disclosure of a document emanating from a Member State without the prior consent of that State)
Date: 2005-09-17
Institutions: Court of First Instance
Subjects: European Commission, Italy, State aid, access to information, action for annulment (EU), control of State aid

C 229/18

EN

Official Journal of the European Union

17.9.2005

ORDER OF THE COURT OF FIRST INSTANCE

of 9 June 2005

in Case T-265/03 Helm Düngemittel GmbH v Commission
of the European Communities (1)

(Food aid — Partial seizure of delivery guarantee — Request
for repayment of the sum seized — Arbitration clause —
Action for annulment — Inadmissibility)

(2005/C 229/37)

(Language of the case: German)

In Case T-265/03: Helm Düngemittel GmbH, established in
Hamburg (Germany), represented by W. Waschmann, lawyer,
against the Commission of the European Communities (Agents:
G. Berscheid and M. Niejahr, with an address for service in
Luxembourg) — action seeking annulment of
the decision
allegedly contained in a letter from the Commission of 23 May
2003 concerning the seizure of part of the delivery guarantee
provided by the applicant on grounds of delay in the delivery
of fertilizer supplied as part of a food aid action for the benefit
of North Korea carried out pursuant to Commission Regulation
(EC) No 2519/97 of 16 December 1997 laying down general
rules for the mobilisation of products to be supplied under
Council Regulation (EC) No 1292/96 as Community food aid
(OJ 1997 L 346, p. 23) — the Court of First Instance (Third
J. Azizi and
Chamber), composed of M.
E. Cremona, Judges; H. Jung, Registrar, made an order on 9
June 2005, the operative part of which is as follows:

Jaeger, President,

1. The application is dismissed as inadmissible.

2. The applicant shall bear the costs.

(1) OJ C 239 of 4.10.2003.

ORDER OF THE COURT OF FIRST INSTANCE

of 29 June 2005

in Case T-274/03: Focus Magazin Verlag GmbH v Office
for Harmonisation in the Internal Market (Trade Marks
and Designs) (OHIM) (1)

(Community trade mark — Opposition — Withdrawal of the
application for registration — No need to proceed to judg-
ment)

(2005/C 229/38)

(Language of the case: French)

the Office for Harmonisation in the Internal Market (Trade
Marks and Designs) (OHIM) (Agents: B. Müller and A. Folliard-
Monguiral), the other party before the Board of Appeal of
OHIM and intervener before the Court of First Instance being
France Télécom SA, established in Paris (France), represented by
D. Marty, lawyer — against brought against the decision of the
Fourth Board of Appeal of OHIM of 30 April 2003 (Case R
849/2001-4),
concerning opposition proceedings between
Focus Magazin Verlag GmbH and France Télécom SA — the
Court of First
Instance (Third Chamber), composed of M.
Jaeger, President, V. Tiili and O. Czúcz, Judges; H. Jung, Regis-
trar, made an order on 29 June 2005, the operative part of
which is as follows:

1. There is no longer any need to adjudicate on the application.

2. The parties shall bear their own costs.

(1) OJ C 264 of 1.11.2003.

ORDER OF THE COURT OF FIRST INSTANCE

of 8 June 2005

in Case T-287/03 Società imballaggi metallici Salerno Srl
(SIMSA) v Commission of the European Communities (1)

(Action for annulment — Access to documents — Regulation
(EC) No 1049/2001 — No disclosure of a document
emanating from a Member State without the prior consent of
that State)

(2005/C 229/39)

(Language of the case: Italian)

In Case T-274/03: Focus Magazin Verlag GmbH, established in
Munich (Germany), represented by U. Gürtler, lawyer, against

In Case T-287/03: Società imballaggi metallici Salerno Srl
(SIMSA), established in Portici
represented by M.
(Italy),
Calabrese,
lawyer, against the Commission of the European
Communities (Agents: V. Di Bucci and P. Aalto) — Application

17.9.2005

EN

Official Journal of the European Union

C 229/19

for the annulment of the Commission decision refusing the
applicant access to certain documents concerning a State aid
scheme declared compatible with the common market by the
Commission decision of 12 July 2000 [SG (2000) D105754 —
Aid No 715/99] — the Court of First Instance (Fifth Chamber),
composed of M. Vilaras, President, F. Dehousse and D. Švaby,
Judges; H. Jung, Registrar, made an order on 8 June 2005, the
operative part of which is as follows:

2. Each party is to bear its own costs.

(1) OJ C 264 of 1.11.2003.

1. The application is dismissed

2. Each party is ordered to bear its own costs.

(1) OJ C 239 of 4. 10. 2003

ORDER OF THE COURT OF FIRST INSTANCE

of 8 June 2005

in Case T-295/03 Poli Sud Srl v Commission of the Euro-
pean Communities (1)

(Action for annulment — Access to documents — Regulation
(EC) No 1049/2001 — No disclosure of a document origin-
ating from a Member State without the prior consent of that
State)

(2005/C 229/40)

(Language of the case: Italian)

In Case T-295/03: Poli Sud Srl, established in Lamezia Terme
(Italy), represented by M. Calabrese, lawyer, against Commis-
sion of the European Communities (agents: V. Di Bucci and
P. Aalto, with A. Abate, lawyer, with an address for service in
Luxembourg) — application for annulment of the Commis-
sion's decision refusing the applicant access to certain docu-
ments relating to a State aid scheme declared compatible with
the common market by Commission decision of 12 July 2000
(SG (2000) D/105754 — State Aid N 715/99) — the Court of
First Instance (Fifth Chamber), composed of M. Vilaras, Presi-
dent, F. Dehousse and D. Sváby, Judges; H. Jung, Registrar,
made an order on 8 June 2005, the operative part of which is
as follows:

1. The action is dismissed;

ORDER OF THE COURT OF FIRST INSTANCE

of 8 June 2005

in Case T-297/03 Tomasetto Achille Sas di Tomasetto
Andrea & C. v Commission of the European Commu-
nities (1)

(Action for annulment — Access to documents — Regulation
(EC) No 1049/2001 — No disclosure of a document origin-
ating from a Member State without the prior consent of that
State)

(2005/C 229/41)

(Language of the case: Italian)

In Case T-297/03: Tomasetto Achille Sas di Tomasetto Andrea
& C., established in Castegnero (Italy), represented by M.
Calabrese, lawyer, with an address for service in Luxembourg,
the European Communities (agents:
against Commission of
V. Di Bucci and P. Aalto, with A. Abate,
lawyer, with an
address for service in Luxembourg) — application for annul-
ment of
the Commission's decision refusing the applicant
access to certain documents relating to a State aid scheme
declared compatible with the common market by Commission
decision of 12 July 2000 (SG (2000) D/105754 — State Aid
Instance (Fifth Chamber),
N 715/99) — the Court of First
composed of M. Vilaras, President, F. Dehousse and D. Sváby,
Judges; H. Jung, Registrar, made an order on 8 June 2005, the
operative part of which is as follows:

1. The action is dismissed;

2. Each party is to bear its own costs.

(1) OJ C 264 of 1.11.2003.