Order of the Court of First Instance of 8 June 2005 in Case T-139/03: Nuova Agricast Srl v Commission of the European Communities (Action for annulment — Access to documents — Regulation (EC) No 1049/2001 — Non-disclosure of document emanating from a Member State without the prior agreement of that State)
Date: 2005-09-17
Institutions: Court of First Instance
Subjects: European Commission, State aid, access to information, action for annulment (EU), consultation of information, control of State aid, document, equal treatment

17.9.2005

EN

Official Journal of the European Union

C 229/17

(Agents: A. von Mühlendahl and G. Schneider), the other party
to the proceedings before the Board of Appeal of OHIM, inter-
vening before the Court of First Instance, being Roberto Trai-
teur SASU (formerly Roberto S.A.), established in Chevilly
(France), represented by R. Milchior, lawyer, — action against
the decision of the Fourth Board of Appeal of OHIM of 28
February 2002 (Case R 1155/2000-4), relating to opposition
proceedings between Freiberger Lebensmittel GmbH & Co.
Produktions- und Vertriebs KG and Roberto S.A. — the Court
of First Instance (Second Chamber), composed of J. Pirrung,
President, A.W.H. Meij and N. Forwood, Judges; H. Jung, Regis-
trar, made an order on 9 June 2005, the operative part of
which is as follows:

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

2. Each of the parties shall bear its own costs.

(1) OJ C 2002 of 24. 8. 2002.

ORDER OF THE COURT OF FIRST INSTANCE

of 8 June 2005

in Case T-139/03: Nuova Agricast Srl v Commission of the
European Communities (1)

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

of

(2005/C 229/35)

(Language of the case: Italian)

lawyer, against

represented by M. Calabrese,

In Case T-139/03: Nuova Agricast Srl, established in Cerignola
(Italy),
the
the European Communities (Agents: V. Di
Commission of
Bucci and P. Aalto, assisted by A. Abate,
lawyer, with an
address for service in Luxembourg), supported by the United
Kingdom of Great Britain and Northern Ireland (Agents: initi-
Jackson, with an address for
ally K. Manji, subsequently C.
service in Luxembourg) — action for annulment of
the
Commission's decision refusing the applicant access to certain
documents concerning a scheme of State aid declared compa-
tible with the Common Market by the Commission's Decision
of 12 July 2000 [SG (2000) D/105754 — Aid No 715/99] —
the Court of First Instance (Fifth Chamber), 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 shall bear its own costs.

(1) OJ C 146 of 21. 6. 2003.

ORDER OF THE COURT OF FIRST INSTANCE

of 8 June 2005

in Case T-151/03 Nuova Agricast Srl v Commission of the
European Communities (1)

(Action for annulment — Access to documents — Regulation
(EC) No 1049/2001 — Action devoid of purpose)

(2005/C 229/36)

(Language of the case: Italian)

In Case T-151/03: Nuova Agricast Srl, established in Cerignola
(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), supported by the United Kingdom of Great
Britain and Northern Ireland (agents:
initially, K. Manji and
subsequently C. Jackson, with an address for service in Luxem-
bourg) — application for annulment of the Commission's deci-
sion refusing the applicant access to a document originating
from a Member State — the Court of First Instance (Fifth
Chamber), 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. The applicant is to bear its own costs and to pay those incurred by

the Commission.

(1) OJ C 146 of 21.6.2003.