Case T-167/02: Order of the Court of First Instance of 7 July 2006 — Établissements Toulorge v Parliament and Council (Action for damages — Non-contractual liability — Marketing of compound feedingstuffs for animals — Actual damage)
Date: 2006-09-16
Institutions: Court of First Instance
Subjects: Council of the European Union, European Parliament, action for annulment (EU), animal nutrition, free movement of goods, infringement of EU law, manufactured feedingstuffs, public health

C 224/42

EN

Official Journal of the European Union

16.9.2006

Order of the Court of First Instance of 7 July 2006 —
Établissements Toulorge v Parliament and Council

Order of the Court of First Instance of 29 June 2006 —
Nürburgring v Parliament and Council

(Case T-167/02) (1)

(Case T-311/03) (1)

(Action for
liability —
damages — Non-contractual
Marketing of compound feedingstuffs for animals — Actual
damage)

(Action for annulment — Directive 2003/33/CE — Adver-
tising and sponsorship of tobacco products — Ban on spon-
sorship of events or activities concerning more than one
Member State — Locus standi — Inadmissibility)

(2006/C 224/90)

Language of the case: French

(2006/C 224/91)

Language of the case: German

Parties

Applicant: Établissements Toulorge (Bricquebec, France) (repre-
sented by: D. Waelbroeck and D. Brinckman, lawyers)

Defendants: European Parliament (represented by: C. Pennera
and E. Waldherr) and Council of the European Union (repre-
sented by: initially I. Díez Parra and F. Ruggeri Laderchi, and
subsequently I. Díez Parra and Z. Kupčová, Agents)

Intervening parties supporting the defendants: Federal Republic of
Germany (represented by: W.-D. Plessing and M. Lumma,
Agents) and Commission of the European Communities (repre-
sented by: A. Bordes, Agent)

Re:

Application for compensation for the damage allegedly suffered
by the applicant owing to Directive 2002/2/EC of the European
Parliament and of the Council of 28 January 2002 amending
Council Directive 79/373/EEC on the circulation of compound
feedingstuffs and repealing Commission Directive 91/357/EEC
(OJ 2002 L 63, p. 23)

Parties

Applicant: Nürburgring GmbH (Nürburg/Eifel, Germany) (repre-
sented by : H. J. Rabe, lawyer, assisted by M. Dauses, Professor)

Defendants: European Parliament (represented by : E.Waldherr
and U. Rösslein, Agents) and Council of the European Union
(represented by E. Karlsson and J.-P. Hix, Agents)

Interveners in support of the applicant: Hockenheim-Ring GmbH
(Hockenheim, Germany) and Exploitatie Circuit Park Zandvoort
BV (Zandvoort, Netherlands)
(represented by: M. Dauses,
Professor)

Interveners in support of the defendants: Republic of Finland (repre-
sented by: T. Pynnä, A. Guimaraes-Purokoski and E. Bygglin,
Agents), Commission of
the European Communities (repre-
sented by: M.-J. Jonczy, L. Pignataro-Nolin and F. Hoffmeister,
Agents) and Kingdom of Spain (Represented by: L. Fraguas
Gadea, Agents)

Re:

Application for annulment of Directive 2003/33/CE of the
European Parliament and of the Council of 26 May 2003, on
the approximation of the laws, regulations and administrative
provisions of the Member States relating to the advertising and
sponsorship of tobacco products (OJ 2003 L 152, p. 16), in
particular Article 5(1) thereof.

Operative part of the order

1. The action is dismissed.

Operative part of the order

(1) The action is dismissed as being inadmissible.

2. The applicant shall pay its own costs and those of the Parliament

and the Council.

(2) The applicant shall bear its own costs, as well as those of the

Parliament and the Council.

3. The Federal Republic of Germany and the Commission shall bear

their own costs.

(3) The Kingdom of Spain, the Republic of Finland and the Commis-
sion, as well as Hockenheim-Ring GmbH and Exploitatie Circuit
Park Zandvoort BV, shall bear their own respective costs.

(1) OJ C 180, 27.7.2002.

(1) OJ C 275 of 15.11.2003.