Case T-397/05 R: Order of the President of the Court of First Instance of  10 January 2006  — ArchiMEDES v Commission (Interim proceedings — Application for interim measures — Arbitration clause — Urgency — Absence)
Date: 2006-04-08
Institutions: Court of First Instance
Subjects: EU financing, European Commission, appeal, contract, improvement of housing, payment, redemption, solar architecture, termination of a contract

8.4.2006

EN

Official Journal of the European Union

C 86/29

Operative part of the order

1. The action is dismissed.

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

the Council.

3. The Commission shall bear its own costs.

Order of the President of the Court of First Instance of 10
January 2006 — ArchiMEDES v Commission

(Case T-396/05 R)

(Interim proceedings — Application for interim measures —
Arbitration clause — Admissibility — Urgency — Absence)

(1) OJ C 251, 18.10.2003.

(2006/C 86/58)

Language of the case: French

Order of the Court of First Instance of 13 January 2006 —
Komninou and Others v Commission

(Case T-42/04) (1)

(Action for damages — Non-contractual liability — Decision
to take no further action on a complaint putting in issue a
Member State's conduct capable of giving rise to proceedings
for failure to fulfil obligations — Treatment of the complaint
by the Commission — Principle of sound administration)

(2006/C 86/57)

Language of the case: Greek

Parties:

Applicants: Ermioni Komninou, Grigorios Ntokos, Donatos
Pappas, Vassileios Pappas, Aristeidis Pappas, Eleftheria Pappa,
Lamprini Pappa, Eirini Pappa, Alexandra Ntokou, Léonidas
Grepis, Nikolaos Grepis, Fotios Dimitriou, Zoïs Dimitriou,
Petros Bolossis, Despoina Bolossi, Konstantinos Bolossis and
Thomas Bolossis (Parga, Greece) (represented by: P. Stroumpos,
lawyer)

Defendant: Commission of the European Communities (repre-
sented by: M. Konstantinidis, Agent)

Application for

Compensation for the non-material damage allegedly suffered
by the applicants because of the Commission's conduct in the
treatment of their complaint concerning alleged infringements
by the Hellenic Republic of Community environment law.

Operative part of the Order

1. The application is dismissed.

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

by the Commission.

(1) OJ C 85 of 3.4.2004

Parties

Applicant: Architecture, microclimat, energies douces — Europe
et Sud (ArchiMEDES) SARL (Ganges, France) (represented by:
P.-P. Van Gehuchten, J. Sambon and P. Reyniers, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: K. Kańska and E. Manhaeve, Agents)

Application for

Suspension of the operation, firstly, of the Commission's deci-
sion contained in its letter of 5 October 2005 to offset debts to
the detriment of the applicant; secondly, of the Commission's
decision contained in its letter of 30 August 2005 and, thirdly,
of the debit note of 23 August 2005, No 3240705638

Operative part of the order

1. The application for interim measures is dismissed;

2. Costs are reserved.

Order of the President of the Court of First Instance of 10
January 2006 — ArchiMEDES v Commission

(Case T-397/05 R)

(Interim proceedings — Application for interim measures —
Arbitration clause — Urgency — Absence)

(2006/C 86/59)

Language of the case: French

Parties

Applicant: Architecture, microclimat, energies douces — Europe
et Sud (ArchiMEDES) SARL (Ganges, France) (represented by:
P.-P. Van Gehuchten, J. Sambon and P. Reyniers, lawyers)

C 86/30

EN

Official Journal of the European Union

8.4.2006

Defendant: Commission of the European Communities (repre-
sented by: K. Kańska and E. Manhaeve, Agents)

the control of concentrations between undertakings (OJ L 24,
p. 1), and, secondly, for the adoption of other interim measures

Application for

Operative part of the order

Suspension of the operation, firstly, of the Commission's deci-
sion contained in its letter of 5 October 2005 to offset debts to
the detriment of the applicant; secondly, of the Commission's
decision contained in its letter of 30 August 2005 and, thirdly,
of the debit note of 23 August 2005, No 3240705638

1. The application for interim measures is dismissed.

2. Costs are reserved.

Operative part of the order

1. The application for interim measures is dismissed;

2. Costs are reserved.

Order of the President of the Court of First Instance of 1
February 2006 — Endesa v Commission

(Case T-417/05 R)

(Application for interim measures — Control of concentra-
tions between undertakings — Urgency)

(2006/C 86/60)

Language of the case: Spanish

Parties

Order of the President of the Court of First Instance of 7
February 2006 — Brink's Security Luxembourg v Commis-
sion

(Case T-437/05 R)

(Application for interim measures — Urgency — Absence)

(2006/C 86/61)

Language of the case: French

Parties

Applicant: Brink's Security Luxembourg (Luxembourg, Luxem-
bourg) (represented by: C. Point and G. Dauphin, lawyers)

Defendan): Commission of the European Communities (repre-
sented by: E. Manhaeve, M. Šimerdová and K. Mojzesowicz,
Agents, and by J. Stuyck, lawyer)

Intervener in support of the defendant: Group 4 Falck SA (Luxem-
bourg)
(represented by: M. Molitor, P. Lopes da Silva, N.
Cambonie and N. Bogelmann, lawyers)

Applicant: Endesa, SA (Madrid, Spain) (represented by: J. Flynn
QC, S. Baxter, Solicitor, M. Odriozola, M. Muñoz de Juan, M.
Merola and J. García de Enterría Lorenzo-Velázquez, lawyers)

Application for

Defendant: Commission of the European Communities (repre-
sented by: F. Castillo de la Torre, É. Gippini Fournier, A.
Whelan and M. Schneider, Agents)

Interveners supporting the defendant: Kingdom of Spain (repre-
sented by: N. Díaz Abad, abogado del Estado) and Gas Natural
SDG, SA (Barcelona, Spain) (represented by: F.E. González Díaz
and J. Jímenez de la Iglesia, lawyers)

interim measures essentially asking, firstly, that the Commission
enjoined from signing the contract relating to Call for tenders
No 16/2005/OIL (buildings security and surveillance), secondly,
should the Commission have already concluded that contract,
that its performance be suspended until the Court has ruled on
the substance of the action and, thirdly, that the adoption of
other measures be ordered

Application for

firstly,

for suspension of

an order,
the
Commission's letter of 15 November 2005 declaring that a
concentration between Gas Natural SDG, SA, and Endesa, SA,
does not have a Community dimension within the meaning of
Council Regulation (EC) No 139/2004 of 20 January 2004 on

the operation of

Operative part of the order

1. The application for interim measures is dismissed.

2. Costs are reserved.