Case T-376/04: Order of the Court of First Instance of 22 July 2005 — Polyelectrolyte Producers Group v Council and Commission (Action for annulment — Council decision determining the Community's position — Decision of the EEA Joint Committee — Objection of inadmissibility — Challengeable act — Standing to bring proceedings — Inadmissibility)
Date: 2005-10-15
Institutions: Court of First Instance
Subjects: Council of the European Union, European Commission, Norway, action for annulment (EU), approximation of laws, chemical product, dangerous substance, free movement of goods, infringement of EU law, labelling

15.10.2005

EN

Official Journal of the European Union

C 257/11

Judgment of the Court of First Instance of 7 September
2005 — Heinen v Commission

Defendant: Council of the European Union (represented by: M.
Sims and I. Diez Parra, acting as Agents).

(Case T-181/04) (1)

(Officials — Internal competition — Oral test — Non-place-
ment on the reserve list — Choice of language — Breach of
the notice of competition — Equality of treatment)

Application for:

(2005/C 257/20)

Language of the case: French

Annulment of the Council's decision of 12 December 2003
applying the correction coefficient for Greece to the applicant's
pension, and damages.

Parties:

Operative part of the judgment:

Applicant(s): Nathalie Heinen (Ottignies, Belgium) (represented
by S. Orlandi, A. Coolen, J.-N. Louis and É. Marchal, lawyers)

The Court:

Defendant(s): Commission of the European Communities (repre-
sented by L. Lozano Palacios and M. Velardo, Agents)

1) Dismisses the action.

2) Orders both parties to bear their own costs.

Application for:

Annulment of the decision of the Selection Board for internal
competition COM/PB/02 awarding the applicant, for the oral
test, insufficient marks for her to be placed on the reserve list
for recruitment.

(1) OJ C 273 of 6.11.2004.

Operative part of the judgment:

The Court:

1) Dismisses the action.

2) Orders the Commission to pay the costs.

(1) OJ C 190 of 24.7.2004.

Judgment of the Court of First Instance of 12 September
2005 — Dionyssopoulou v Council

(Case T-320/04) (1)

(Officials — Invalidity pension — Correction coefficient —
Meaning of ‘residence’ — United Kingdom)

(2005/C 257/21)

Language of the case: French

Parties:

Applicant: Triantafyllia Dionyssopoulou (represented by: C.
Quackels and M.-C. Gautier, lawyers).

Order of the Court of First Instance of 22 July 2005 —
Polyelectrolyte Producers Group v Council and Commis-
sion

(Case T-376/04) (1)

(Action for annulment — Council decision determining the
Community's position — Decision of
the EEA Joint
Committee — Objection of inadmissibility — Challengeable
act — Standing to bring proceedings — Inadmissibility)

(2005/C 257/22)

Language of the case: English

Parties:

Applicant(s): Polyelectrolyte Producers Group (Brussels, Belgium)
(represented by K. van Maldegem and C. Mereu, lawyers)

Defendant(s): Council of the European Union (represented by J.-
P. Hix and B. Hoff-Nielsen, as Agents) and Commission of the
European Communities (represented by J. Forman and M. Wild-
erspin, Agents)

C 257/12

EN

Official Journal of the European Union

15.10.2005

Application for:

Annulment of the defendants' acts permitting the Kingdom of
Norway to apply more stringent concentration limits for acryla-
mide than those applicable in the European Community and
set out in Decision of the EEA Joint Committee No 59/2004 of
6 April 2004 amending Annex II (Technical regulations, stan-
(OJ
dards,
2004 L 277, p. 30), and annulment of the Community's posi-
tion relating to that decision.

testing and certification)

to the EEA Agreement

Operative part of the order:

1) The application is dismissed.

2) The costs are reserved.

Operative part of the Order:

1. The action is dismissed as inadmissible.

2. The applicant is to bear its own costs and to pay those incurred by

the Commission and the Council.

(1) OJ C 284, 20.11.2004.

Action brought on 25 July 2005 — Friedrich Weber v
Commission

(Case T-290/05)

(2005/C 257/24)

Language of the case: German

Order of the President of the Court of First Instance of 23
May 2005: Dimos Ano Liosion and Others v Commission

Parties:

Applicant: Friedrich Weber (Cologne, Germany) (represented by:
W. Declair, lawyer)

Defendant: Commission of the European Communities

(Case T-85/05 R)

Form of order sought:

(Interim measures — Cohesion Fund — Co-financing deci-
sion — Project for hygienic infill of domestic waste —
Admissibility — Prima facie case — Urgency — None)

(2005/C 257/23)

Language of the case: Greek

Parties:

Applicants: Dimos Ano Liosion and Others (Greece)
sented by: G. Kalavros, lawyer).

(repre-

Defendant: Commission of the European Communities (repre-
sented by: D. Triantafyllou and L. Flynn, acting as Agents).

Application for:

Suspension of operation of Commission Decision E(2004)
5522 of 21 December 2004 concerning the grant of assistance
by the Cohesion Fund for the construction of Phase 1 of the
second landfill site for waste (XYTA)
in Western Attica, at
Skalistiri in the Deme of Phylis, Attica (Greece)

The applicant claims that the Court should:

— vary the defendant's decision of 27 May 2005 so that it is
obligated to grant the applicant access, in accordance with
its letters of 23 April 2005 and 27 April 2005, to docu-
ments in connection with the State aid proceedings E
3/2005 concerning the financing of public-law broadcasting
bodies pursuant to Regulation (EC) No 1049/2001.

Pleas in law and main arguments:

In the contested decision, the Commission refused the appli-
cant's request for access to documents in connection with the
State aid proceedings E 3/2005 concerning the financing of
public-law broadcasting bodies with reference to the third
indent of Article 4(2) and the first subparagraph of Article 4(3)
of the openness regulation. (1)

The applicant claims that there is a public interest in disclosure
of the documents at issue.

(1) Regulation (EC) No 1049/2001 of the European Parliament and of
the Council of 30 May 2001 regarding public access to European
Parliament, Council and Commission documents (OJ L 145 of
31.05.2001 p. 43).