Case T-34/05: Order of the Court of First Instance of 6 September 2006 — Bayer CropScience and Others v Commission (Plant protection products — Active substance endosulfan — Reexamination of authorisation for placing products on the market — Action for failure to act — No need to adjudicate)
Date: 2006-11-18
Institutions: Court of First Instance
Subjects: European Commission, appeal to the Court (EU), market approval, marketing standard, pharmaceutical industry, plant health product, testing

18.11.2006

EN

Official Journal of the European Union

C 281/35

Judgment of the Court of First Instance of 7 September
2006 — Meric v OHIM — Arbora & Ausonia (PAM-PIM'S
BABY-PROP)

Order of the Court of First Instance of 6 September 2006
— Bayer CropScience and Others v Commission

(Case T-133/05) (1)

(Case T-34/05) (1)

(Community trade mark — Opposition proceedings —
Earlier national figurative and word marks PAM-PAM —
Application for Community word mark PAM-PIM'S BABY-
PROP — Relative ground for refusal — Article 8(1)(b) of
Regulation (EC) No 40/94)

(2006/C 281/60)

Language of the case: French

(Plant protection products — Active substance endosulfan —
Reexamination of authorisation for placing products on the
market — Action for failure to act — No need to adjudicate)

(2006/C 281/61)

Language of the case: English

Parties

Applicant: Gérard Meric
P. Murzeau, lawyer)

(Paris,

France)

(represented by:

Parties

Applicants: Bayer CropScience AG (Monheim, Germany), Makh-
teshim-Agan Holding BV (Amsterdam, Netherlands), Alfa Geor-
gika Efodia AEVE (Athens, Greece) and Aragonesas Agro, SA
(Madrid, Spain)
(represented by: C. Mereu and K. Van
Maldegem, lawyers)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: A. Rassat, Agent)

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

Other party to the proceedings before the Board of Appeal of OHIM:
Arbora & Ausonia, SL (Barcelona, Spain)

Intervener in support of the applicants: European Crop Protection
Association (ECPA)
(represented by: D.
(Brussels, Belgium)
Waelbroeck, U. Zinsmeister and N. Rampal, lawyers)

Re:

Intervener in support of the defendant: Kingdom of Spain (repre-
sented by: J. Rodríguez Cárcamo, lawyer)

the decision of

Action brought against
the First Board of
Appeal of OHIM of 17 January 2005 in Case R 250/2004-1,
regarding the opposition of the proprietor of the national word
and figurative marks PAM-PAM to the registration of the word
mark PAM-PIM'S BABY-PROP (opposition proceedings No B
505 067).

Operative part of the judgment

The Court:

1. Dismisses the action;

Re:

Action for failure to act seeking a declaration that the Commis-
sion unlawfully failed to review the data submitted by the
applicants in the course of the procedure for review of the
authorisation to place the active substance endosulfan on the
market, laid down by Council Directive 91/414/EEC of 15 July
1991 concerning the placing of plant protection products on
the market (OJ 1991 L 230, p. 1).

Operative part of the order

2. Orders the applicant to pay the costs.

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

(1) OJ C 143, 11.6.2005.

2. The Commission and the applicants shall bear their own costs.

3. With regard to costs incurred in connection with the application
for interim measures, the Commission and the applicants shall to
bear their own costs.

C 281/36

EN

Official Journal of the European Union

18.11.2006

4. The Kingdom of Spain and the European Crop Protection Associa-

2. The applicants shall pay the costs.

tion shall bear their own costs.

(1) OJ C 93, 16.4.2005.

(1) OJ C 143 of 11.6.2005.

Order of the Court of First Instance of 5 September 2006
— Comunidad autónoma de Madrid and Mintra v Commis-
sion

(Case T-148/05) (1)

(Provision of data relating to the excessive deficit procedure
— Regulation (EC) No 3605/93 — European system of
accounts 1995 (ESA 95) — Regulation (EC) No 2223/96 —
Letter of the Statistical Office of the European Communities
(Eurostat) — Action for annulment — Act against which
proceedings can be brought — Inadmissibility)

Order of the Court of First Instance of 5 September 2006
— AEPI v Commission

(Case T-242/05) (1)

(Copyright and related rights — Proceedings for a declaration
of failure to fulfil obligations — Closure of procedure on a
complaint submitted by an individual — Action for annul-
ment — Inadmissibility)

(2006/C 281/63)

Language of the case: Greek

(2006/C 281/62)

Language of the case: Spanish

Parties

Parties

Applicants: Comunidad autónoma de Madrid and Madrid, infra-
estructuras del transporte (Mintra) (Madrid, Spain) (represented
by: C. Fernandez Vicién, D. Ortega Peciña and J. Sabater Maro-
tias, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: M. Diaz-Llanos La Roche and L. Escobar Guerrero,
Agents)

Applicant: Elliniki Etaireia pros Prostasian tis Pnevmatikis Idiok-
tisias (AEPI AE) (Maroussi, Greece) (represented by: T. Aspro-
gerakas-Grivas, lawyer)

Defendant: Commission of the European Communities (repre-
sented by: T. Christoforou and F. Castillo de la Torre, Agents)

Re:

Application for annulment of the decision of the Commission
of 20 April 2005 not to initiate proceedings against the Greek
Republic for a declaration of failure to fulfil obligations and an
application that a ruling be given on the substance.

Re:

Application for annulment of the decision of the Commission
contained in a letter of the Statistical Office of the European
Communities (Eurostat) of 3 February 2005 concerning the
classification of Madrid, infraestructuras del transporte (Mintra)
in the sector ‘public administrations’ within the European
system of accounts 1995 (ESA 1995).

Operative part of the order

1. The action is dismissed as inadmissible;

2. The applicant shall pay the costs.

Operative part of the order

1. The action is dismissed as inadmissible;

(1) OJ C 205 of 20.8.05.