do-me/EUR-LEX huggingface dataset:
Case F-56/06: Action brought on  9 May 2006  — Chassagne v Commission
Date: 2006-07-01
Institutions: Civil Service Tribunal
Subjects: European Commission, action by staff, professional career, promotion, staff assessment

1.7.2006

EN

Official Journal of the European Union

C 154/29

Form of order sought

— Annul the decision of 23 September 2005 of the Director-
in the
General of DG INFSO to transfer the applicant
interest of the service as head of unit INFSO.G.2 ‘Micro and
nanosystems’;

— annul

the appointing authority's express decision of 2
February 2006 giving a negative response to the applicant's
complain R/764/05;

— order the Commission of the European Communities to

pay the costs.

Pleas in law and main arguments

The applicant, an official of the Commission transferred in the
interest of the service to the post of head of unit INFSO.G.2
‘Micro and nanosystems’, claims that that transfer is contrary to
the interest of the service. He relies on a breach of Article 7 of
the Staff Regulations and a manifest error of assessment of the
concept of ‘interest of the service’, a misuse of powers and a
breach of the principle of equal treatment.

Action brought on 9 May 2006 — Chassagne v Commis-
sion

(Case F-56/06)

(2006/C 154/66)

Language of the case: French

— annul the appointing authority's decisions of 30 January
2006 and 14 March 2006 rejecting the applicant's
complains against the abovementioned decisions;

— award nominal damages of one euro for professional harm
and one euro for non-pecuniary harm arising from the
adoption of the contested decisions;

— order the Commission of the European Communities to

pay the costs.

Pleas in law and main arguments

In support of his action, the applicant relies first of all on the
unlawfulness of the General implementing provisions of Arti-
cles 43 and 44 of the Staff Regulations.

He claims, next, that there has been a breach of a number of
procedural requirements, such as the rights of the defence, the
obligation to state reasons and compliance with the rules of
procedure.

The applicant further maintains that the administration has
made a number of manifest errors of assessment, notably in the
context of considering comparative merits and in allocating
priority points.

Last, in the applicant's submission, the defendant has infringed
the principle of sound administration.

Order of the Civil Service Tribunal of 18 May 2006 —
Eerola v Commission

Parties

Applicant: Olivier Chassagne (Brussels, Belgium)
by: S. Rodriques, Y. Minatchy and A. Jaume, lawyers)

(represented

Defendant: Commission of the European Communities

(Case F -110/05) (1)

(2006/C 154/67)

Language of the case: French

Form of order sought

The President of the First Chamber has ordered that the case be
removed from the register.

— Annul the applicant's career development report for 2004;

— annul the Directorate-General's decision allocating priority

points during the 2005 promotion exercise;

(1) OJ C 48, 25.2.2006.
Case C-413/05: Order of the President of the Court of  16 February 2006  — Commission of the European Communities v Italian Republic
Date: 2006-07-01
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, maritime safety, national implementing measure, pollution from ships, prevention of pollution

C 154/14

EN

Official Journal of the European Union

1.7.2006

Order of the President of the Court of 7 February 2006 —
Energy Technologies ET SA v Office for Harmonisation in
the Internal Market (Trade Marks and Designs), Aparellaje
eléctrico, SL

Order of the President of the Court of 7 February 2006
(reference for a preliminary ruling from the High Court —
Chancery Division) — Oakley Inc v Animal Ltd and
Others

(Case C-197/05 P) (1)

(2006/C 154/34)

Language of the case: English

(Case C-267/05) (1)

(2006/C 154/37)

Language of the case: English

The President of
removed from the register.

the Court has ordered that

the case be

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 243, 1.10.2005.

(1) OJ C 229, 17.09.2005.

Order of the President of the Court of 15 February 2006
— Commission of the European Communities v Italian
Republic

(Case C-218/05) (1)

(2006/C 154/35)

Language of the case: Italian

The President of
removed from the register.

the Court has ordered that

the case be

Order of the President of the Court of 7 March 2006 —
the European Communities v United
Commission of

Kingdom of Great Britain and Northern Ireland

(Case C-323/05) (1)

(2006/C 154/38)

Language of the case: English

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 182, 23.07.2005.

(1) OJ C 271, 29.10.2005.

Order of the President of the Court of 7 February 2006 —
Commission of the European Communities v Kingdom of
the Netherlands

(Case C-247/05) (1)

(2006/C 154/36)

Language of the case: Dutch

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 217, 03.09.2005.

Order of the President of the Court of 16 February 2006
— Commission of the European Communities v Italian
Republic

(Case C-413/05) (1)

(2006/C 154/39)

Language of the case: Italian

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 22, 28.01.2006.
Case T-122/06: Action brought on  28 April 2006  — Helkon Media v Commission
Date: 2006-07-01
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), artistic creation, film industry, liquidation, payment

C 154/20

EN

Official Journal of the European Union

1.7.2006

Finally, the applicant submits that the Commission infringed
the applicant's right of defence and the right to a fair hearing,
by breaching its duty to inform the applicant of the essence of
the measures imposed by the sanction in sufficient time to
afford the applicant an opportunity to comment on them
before the contested decision was adopted.

(1) Commission Regulation (Euratom) No 302/2005 of 8 February

2005 on the application of Euratom safeguards (OJ L 54, p. 1)

Action brought on 28 April 2006 — Kapman v OHIM
(representation of a saw blade in blue)

(Case T-127/06)

(2006/C 154/50)

Language of the case: English

Action brought on 28 April 2006 — Helkon Media v
Commission

(Case T-122/06)

(2006/C 154/49)

Language of the case: German

Parties

Applicant: Kapman A.B. (Sandviken, Sweden) (represented by:
R. Almaraz Palmero, lawyer)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)

Parties

Form of order sought

Applicant: Helkon Media AG (Munich, Germany) (represented
by: U. Karpenstein, lawyer)

— Annulment of the Decision of the Second Board of Appeal
at OHIM of 10 February 2006 in Case R 303/2004-2;

Defendant: Commission of the European Communities

— order the Office to refund the appeal fee to the applicant;

Form of order sought

— order the Office to pay the costs of the dispute, including
those relating to the procedure before the Board of Appeal.

— order

the European Commission to pay the sum of

EUR 120 000 to HELKON MEDIA AG i.L;

— order the Commission to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

Helkon Media AG, in liquidation, represented by its insolvency
administrator, relies on a claim for payment against the Euro-
pean Commission under an agreement to support a film, on
the basis of an arbitration clause for the purposes of Article
238 EC, in the annex to that agreement.

According to the applicant, the claim for payment is not extin-
guished by the set-off alleged by the Commission. It bases its
action on the assertion that this set-off has no legal basis. The
applicant further contends that a set-off after the opening of
insolvency proceedings is inadmissible in German law. Finally,
it submits that the recognised conditions for a set-off have not
been met.

Community trade mark concerned: A figurative mark representing
a saw blade in blue for goods in class 8 [saw blades (for hand-
operated tools)] — application No 2 532 497

Decision of the examiner: Refusal of the application

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of Article 7(1)(b) of Council Regu-
lation No 40/94 as among others the combination of shape
and colour causes an outstanding visual impression to the rele-
vant public, i.e. professional handymen and not to the average
consumer.
Case T-451/04: Order of the Court of First Instance of  28 March 2006  — Mediocurso v Commission (Action for failure to act — Compliance with a judgment of the Court of Justice — Adoption of implementing measures during the proceedings — No need to adjudicate)
Date: 2006-07-01
Institutions: Court of First Instance
Subjects: European Commission, General Court (EU), Portugal, action for failure to act, educational institution, enforcement of ruling, judgment of the Court (EU)

1.7.2006

EN

Official Journal of the European Union

C 154/17

5. Falstaff Verlags-Gesellschaft mbH shall bear

its own costs,
including those relating to the application for interim measures
before the Court of First Instance.

Order of the President of the Court of First Instance of 25
April 2006 — Componenta v Commission

(Case T-455/05 R)

(1) OJ C 289, 29.11.2003.

(Interim measures — Application for suspension of operation
— State aid — Urgency)

(2006/C 154/45)

Language of the case: Finnish

Order of the Court of First Instance of 28 March 2006 —
Mediocurso v Commission

Parties

(Case T-451/04) (1)

Applicant: Componenta Oyj (Helsinki, Finland) (represented by:
M. Savola, lawyer)

(Action for failure to act — Compliance with a judgment of
the Court of Justice — Adoption of implementing measures
during the proceedings — No need to adjudicate)

(2006/C 154/44)

Defendant: Commission of the European Communities (repre-
sented by: C. Giolito and M. Huttunen, Agents)

Intervener in support of the applicant: Republic of Finland (repre-
sented by: E. Bygglin, Agent)

Language of the case: Portuguese

Re:

Parties

Application for suspension of operation of Commission Deci-
sion C(2005) 3871 final of 20 October 2005 on State aid C 37/
2004 (ex NN 51/2004) granted by the Republic of Finland to
Componenta Ojy

Applicant: Mediocurso — Estabelecimento de Ensino Particular,
Lda (Lisbon, Portugal) (represented by: C. Botelho Moniz and E.
Maia Cadete, lawyers)

Operative part of the order

1. The application for interim measures is dismissed.

Defendant: Commission of the European Communities (repre-
sented by: P. Andrade and A. Weimar, Agents)

2. The costs are reserved.

Re:

Action for failure to act seeking a declaration that the Commis-
sion unlawfully failed to adopt the measures needed to comply
with the judgment in Case C-462/98 P Mediocurso v Commission
[2000] ECR I-7183

Action brought on 13 April 2006 — Oakley v OHIM

(Case T-116/06)

(2006/C 154/46)

Operative part of the order

Language in which the application was lodged: English

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

Parties

2. The Commission shall bear its own costs and pay those incurred
by Mediocurso — Estabelecimento de Ensino Particular, Lda.

(1) OJ C 19, 22.1.05.

Applicant: Oakley, Inc. (Foothill Ranch, USA) (represented by:
Michaela Huth-Dierig, lawyer)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: Venti-
cinque Ltd (Hailsham, United Kingdom)
Case C-162/05 P: Order of the Court of  12 January 2006  — Entorn, Societat Limitada Enginyeria i Serveis v Commission of the European Communities (Appeal — EAGGF — Financial participation in a demonstration project concerning the introduction of new cultivation techniques in sumac production — Withdrawal of financial aid)
Date: 2006-07-01
Institutions: Court of Justice
Subjects: EAGGF Guidance Section, EU financing, European Commission, action for annulment (EU), aid system, appeal, crop production

1.7.2006

EN

Official Journal of the European Union

C 154/3

Order of the Court of 12 January 2006 — Entorn, Societat
Limitada Enginyeria i Serveis v Commission of the Euro-
pean Communities

Order of the Court of 23 February 2006 — Laurent Piau v
Commission of the European Communities, Fédération
Internationale de Football Association (FIFA)

(Case C-162/05 P) (1)

(Case C-171/05 P) (1)

(Appeal — EAGGF — Financial participation in a demon-
stration project concerning the introduction of new cultiva-
tion techniques in sumac production — Withdrawal of finan-
cial aid)

(2006/C 154/05)

(Appeal — Freedom to provide services — Competition —
Regulation of the activities of players' agents — Appeal in
in part manifestly
part manifestly

inadmissible

and

unfounded)

(2006/C 154/06)

Language of the case: Spanish

Language of the case: French

Parties

Parties

Appellant: Entorn, Societat Limitada Enginyeria i Serveis (repre-
sented by: M. Belard-Kopke Marques-Pinto, avocat)

Applicant: Laurent Piau (represented by: M. Fauconnet, lawyer)

Other party to the proceedings: Commission of the European
Jimeno
Communities
Fernández, Agents)

(represented by: L. Visaggio and F.

Other parties to the proceedings: Commission of the European
Communities (represented by: A. Bouquet and O. Beynet,
Agents), Fédération Internationale de Football Association
(FIFA) (represented by: F. Louis and A. Vallery, lawyers)

Re:

Re:

Appeal against the judgment of the Court of First Instance
(Second Chamber) of 18 January 2005 in Case T-141/01
Entorn v Commission refusing an application to annul a decision
of the Commission withdrawing financial aid from the Euro-
pean Agricultural Guidance and Guarantee Fund (EAGGF),
‘Guidance’ Section, granted to the appellant for a demonstration
project concerning the introduction of new cultivation techni-
ques in sumac production

Appeal brought against the judgment of the Court of First
Instance (Fourth Chamber) of 26 January 2005 in Case T-193/
03 Piau v Commission,
in which the Court of First Instance
dismissed the action for annulment of the Commission's deci-
sion of 15 April 2002 rejecting the complaint lodged by the
applicant concerning the Fédération Internationale de Football
Association's regulation governing the activities of players'
agents

Operative part of the order

1. The appeal is dismissed;

Operative part of the order

1. The appeal is dismissed;

2. Entorn, Societat Limitada Enginyeria i Serveis is ordered to pay

the costs.

2. Mr Piau is ordered to pay the costs of the present proceedings.

(1) OJ C 143 of 11.6.2005.

(1) OJ C 155 25.06.2005
Case T -377/03: Order of the Court of First Instance of  27 April 2006  — ATI Technologies v Office for Harmonisation in the Internal Market (Trade Marks and Designs) — Asociación de Técnicos de Informatica (ATI)
Date: 2006-07-01
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), electronic component, trade-mark law

C 154/22

EN

Official Journal of the European Union

1.7.2006

— in addition, the contested decision infringes Article 7(1)(c)
of Regulation (EC) No 40/94 since the registered trade
mark is not identifiable as a mark and is understood, in
trade, as a product description,

Order of the Court of First Instance of 27 April 2006 —
ATI Technologies v Office for Harmonisation in the
Internal Market (Trade Marks and Designs) — Asociación
de Técnicos de Informatica (ATI)

— finally, Article 7(1)(d) of Regulation (EC) No 40/94 has
been infringed since the registered trade mark consists of
indications which have become customary in the current
language or in the bona fide and established practices of
the trade.

(Case T -377/03) (1)

(2006/C 154/53)

Language of the case: French

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the

Community trade mark (OJ 1994 L 11, p. 1).

The President of the First Chamber has ordered that the case be
removed from the register.

(1) OJ C 21, 24.1.2004.
Case C-171/05 P: Order of the Court of  23 February 2006  — Laurent Piau v Commission of the European Communities, Fédération Internationale de Football Association (FIFA) (Appeal — Freedom to provide services — Competition — Regulation of the activities of players' agents — Appeal in part manifestly inadmissible and in part manifestly unfounded)
Date: 2006-07-01
Institutions: Court of Justice
Subjects: action for annulment (EU), appeal, complaint to the Commission, infringement of EU law, sports body

1.7.2006

EN

Official Journal of the European Union

C 154/3

Order of the Court of 12 January 2006 — Entorn, Societat
Limitada Enginyeria i Serveis v Commission of the Euro-
pean Communities

Order of the Court of 23 February 2006 — Laurent Piau v
Commission of the European Communities, Fédération
Internationale de Football Association (FIFA)

(Case C-162/05 P) (1)

(Case C-171/05 P) (1)

(Appeal — EAGGF — Financial participation in a demon-
stration project concerning the introduction of new cultiva-
tion techniques in sumac production — Withdrawal of finan-
cial aid)

(2006/C 154/05)

(Appeal — Freedom to provide services — Competition —
Regulation of the activities of players' agents — Appeal in
in part manifestly
part manifestly

inadmissible

and

unfounded)

(2006/C 154/06)

Language of the case: Spanish

Language of the case: French

Parties

Parties

Appellant: Entorn, Societat Limitada Enginyeria i Serveis (repre-
sented by: M. Belard-Kopke Marques-Pinto, avocat)

Applicant: Laurent Piau (represented by: M. Fauconnet, lawyer)

Other party to the proceedings: Commission of the European
Jimeno
Communities
Fernández, Agents)

(represented by: L. Visaggio and F.

Other parties to the proceedings: Commission of the European
Communities (represented by: A. Bouquet and O. Beynet,
Agents), Fédération Internationale de Football Association
(FIFA) (represented by: F. Louis and A. Vallery, lawyers)

Re:

Re:

Appeal against the judgment of the Court of First Instance
(Second Chamber) of 18 January 2005 in Case T-141/01
Entorn v Commission refusing an application to annul a decision
of the Commission withdrawing financial aid from the Euro-
pean Agricultural Guidance and Guarantee Fund (EAGGF),
‘Guidance’ Section, granted to the appellant for a demonstration
project concerning the introduction of new cultivation techni-
ques in sumac production

Appeal brought against the judgment of the Court of First
Instance (Fourth Chamber) of 26 January 2005 in Case T-193/
03 Piau v Commission,
in which the Court of First Instance
dismissed the action for annulment of the Commission's deci-
sion of 15 April 2002 rejecting the complaint lodged by the
applicant concerning the Fédération Internationale de Football
Association's regulation governing the activities of players'
agents

Operative part of the order

1. The appeal is dismissed;

Operative part of the order

1. The appeal is dismissed;

2. Entorn, Societat Limitada Enginyeria i Serveis is ordered to pay

the costs.

2. Mr Piau is ordered to pay the costs of the present proceedings.

(1) OJ C 143 of 11.6.2005.

(1) OJ C 155 25.06.2005
Case C-247/05: Order of the President of the Court of  7 February 2006  — Commission of the European Communities v Kingdom of the Netherlands
Date: 2006-07-01
Institutions: Court of Justice
Subjects: EU environmental policy, European Commission, Netherlands, action for failure to fulfil an obligation, pollution control measures

C 154/14

EN

Official Journal of the European Union

1.7.2006

Order of the President of the Court of 7 February 2006 —
Energy Technologies ET SA v Office for Harmonisation in
the Internal Market (Trade Marks and Designs), Aparellaje
eléctrico, SL

Order of the President of the Court of 7 February 2006
(reference for a preliminary ruling from the High Court —
Chancery Division) — Oakley Inc v Animal Ltd and
Others

(Case C-197/05 P) (1)

(2006/C 154/34)

Language of the case: English

(Case C-267/05) (1)

(2006/C 154/37)

Language of the case: English

The President of
removed from the register.

the Court has ordered that

the case be

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 243, 1.10.2005.

(1) OJ C 229, 17.09.2005.

Order of the President of the Court of 15 February 2006
— Commission of the European Communities v Italian
Republic

(Case C-218/05) (1)

(2006/C 154/35)

Language of the case: Italian

The President of
removed from the register.

the Court has ordered that

the case be

Order of the President of the Court of 7 March 2006 —
the European Communities v United
Commission of

Kingdom of Great Britain and Northern Ireland

(Case C-323/05) (1)

(2006/C 154/38)

Language of the case: English

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 182, 23.07.2005.

(1) OJ C 271, 29.10.2005.

Order of the President of the Court of 7 February 2006 —
Commission of the European Communities v Kingdom of
the Netherlands

(Case C-247/05) (1)

(2006/C 154/36)

Language of the case: Dutch

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 217, 03.09.2005.

Order of the President of the Court of 16 February 2006
— Commission of the European Communities v Italian
Republic

(Case C-413/05) (1)

(2006/C 154/39)

Language of the case: Italian

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 22, 28.01.2006.