do-me/EUR-LEX huggingface dataset:
Case T-52/06: Order of the Court of First Instance of 17 October 2006 — Harry's Morato v OHIM — Ferrero Deutschland (MORATO) (Community trade mark — Opposition proceedings — Cancellation of the earlier trade mark — No need to adjudicate)
Date: 2006-12-30
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), foodstuff, trade-mark law

C 326/58

EN

Official Journal of the European Union

30.12.2006

Re:

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

the Commission.

Annulment of
the Commission's decisions not to select the
tender submitted by the applicant in the context of a call for
tenders for the provision of technical assistance for the improve-
ment of the system of Information and Communication Tech-
nologies (ICT) of the Turkish National Institute for Statistics and
of the decisions rejecting the applicant's request to renew the
decision not to short-list it.

(1) OJ C 121, 20.5.2006.

Operative part of the order

1. The action is dismissed as inadmissible.

2. The applicant shall pay the costs.

(1) OJ C 115, 14.5.2005.

Order of the Court of First Instance of 17 October 2006 —
Harry's Morato v OHIM — Ferrero Deutschland
(MORATO)

(Case T-52/06) (1)

(Community trade mark — Opposition proceedings — Cancel-
lation of the earlier trade mark — No need to adjudicate)

(2006/C 326/126)

Language of the case: Italian

Order of the Court of First Instance of 12 October 2006 —
Fermont v Commission

Parties

(Case T-307/05) (1)

Applicant: Harry's Morato SpA (Altavilla Vicentina, Italy) (repre-
sented by: N. Ferretti, G. Casucci and F. Trevisan, lawyers)

(Preliminary issues — Objection of inadmissibility — Appli-
cation initiating proceedings — Formal requirements — Inad-
missibility)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: C. Negro and O.
Montaldo, Agents)

(2006/C 326/125)

Language of the case: French

Other party/parties to the proceedings before the Board of Appeal of
OHIM,
Instance: Ferrero
Deutschland GmbH (Frankfurt/Main, Germany) (represented by:
M. Kefferpütz, lawyer)

the Court of First

intervener before

Parties

Re:

Applicant: Alain Fermont (Kraainem, Belgium) (represented by: L.
Kakiese and N. Luzeyemo, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: J. Currall and F. Dintilhac, Agents)

Action brought against the decision of the First Board of Appeal
of OHIM of 16 December 2005 (Case R 600/2005-1),
concerning opposition proceedings Harry's Morato SpA and
Ferrero Deutschland GmbH.

Re:

Operative part of the order

1. There is no longer any need to adjudicate on this case.

Action for damages seeking compensation for damage allegedly
suffered by the applicant.

2. Each party shall bear its own costs.

Operative part of the order

1. The action is dismissed as inadmissible.

(1) OJ C 96, 22.4.2006.
Case C-42/05: Order of the President of the Court of 14 September 2006 (reference for a preliminary ruling from the Cour de cassation — Belgium) — Belgium State v Ring Occasions SA, in liquidation, Fortis Bank SA
Date: 2006-12-30
Institutions: Court of Justice
Subjects: VAT, civil law, commercial contract, interpretation of the law, public safety, tax evasion, tax relief, termination of a contract

C 331/24

EN

Official Journal of the European Union

30.12.2006

Order of the President of the Court of 14 September 2006
(reference for a preliminary ruling from the Cour de cassa-
tion — Belgium) — Belgium State v Ring Occasions SA, in
liquidation, Fortis Bank SA

Order of the President of the Court of 7 November 2006
(reference for a preliminary ruling from the Bundesfi-
nanzhof — Allemagne) — F. Weissheimer Malzfabrik v
Hauptzollamt Hamburg-Jonas

(Case C-42/05) (1)

(2006/C 331/42)

(Case C-151/05) (1)

(2006/C 331/45)

Language of the case: French

Language of the case: German

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 93, 16.4.2005.

(1) OJ C 143, 11.6.2005.

Order of the President of the Fifth Chamber of the Court
of 22 November 2006 — Commission of the European
Communities v Kingdom of the Netherlands

Order of the President of the Court of 29 November 2006
— Commission of the European Communities v Kingdom
of Belgium

(Case C-66/05) (1)

(2006/C 331/43)

(Case C-65/06) (1)

(2006/C 331/46)

Language of the case: Dutch

Language of the case: Dutch

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

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 93, 16.4.2005.

(1) OJ C 86, 8.4.2006.

Order of the President of the Fifth Chamber of the Court
of 22 November 2006 — Commission of the European
Communities v Republic of Finland

Order of the President of the Fifth Chamber of the Court
of 24 November 2006 — Commission of the European
Communities v Hellenic Republic

(Case C-105/05) (1)

(2006/C 331/44)

(Case C-68/06) (1)

(2006/C 331/47)

Language of the case: Finnish

Language of the case: Greek

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

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

(1) OJ C 93, 16.4.2005.

(1) OJ C 74, 25.3.2006.
Election of the Presidents of the Chambers
Date: 2006-12-30
Institutions: Court of Justice
Subjects: Court of Justice of the European Union, election, president of an institution

30.12.2006

EN

Official Journal of the European Union

C 326/1

I

(Information)

COURT OF JUSTICE

COURT OF JUSTICE

The new Members of the Court take the oath

Election of the Presidents of the Chambers

(2006/C 326/01)

(2006/C 326/03)

Mr Bonichot, Ms Lindh and Mr von Danwitz, appointed Judges
at the Court of Justice of the European Communities by deci-
sions of the Representatives of the Governments of the Member
States of the European Communities of 6 April 2006 (1) and 6
July 2006 (2), for the period from 7 October 2006 to 6 October
2012, took the oath before the Court on 6 October 2006.

At their meeting on 9 October 2006, the Judges of the Court of
Justice elected, under the first subparagraph of Article 10(1) of
the Rules of Procedure, Mr Jann, Mr Timmermans, Mr Rosas
and Mr Lenaerts as Presidents of the First, Second, Third and
Fourth Chambers of five Judges respectively for a period of
three years ending on 6 October 2009.

Mr Bot, Mr Mazák and Ms Trstenjak, appointed Advocates
General of the Court of Justice of the European Communities
by decision of the Representatives of the Governments of the
Member States of
the European Communities of 6 April
2006 (1), for the period from 7 October 2006 to 6 October
2012, took the oath before the Court on 6 October 2006.

At their meeting on 12 October 2006, the Judges of the Court
of Justice elected, under the second subparagraph of Article 10
(1) of
the Rules of Procedure, Mr Schintgen, Mr Kūris, Mr
Klučka and Mr Juhász as Presidents of the Fifth, Sixth, Seventh
and Eighth Chambers of three Judges respectively for a period
of one year ending on 6 October 2007.

(1) OJ L 104, 13.4.2006, p. 39.
(2) OJ L 215, 5.8.2006, p. 30.

Election of the President of the Court

(2006/C 326/02)

Assignment of the Judges to Chambers

(2006/C 326/04)

At its meetings on 11 and 13 October 2006, the Court decided
to assign the Judges to the Chambers as follows:

At their meeting on 9 October 2006, the Judges of the Court of
Justice of the European Communities elected, under Article 7(1)
of the Rules of Procedure, Mr Skouris as President of the Court
for the period from 9 October 2006 to 6 October 2009.

First Chamber

Mr Jann, President,

Mr Schintgen, Mr Tizzano, Mr Borg Barthet, Mr Ilešič and Mr
Levits, Judges
Case T-138/02: Judgment of the Court of First Instance of 14 November 2006 — Nanjing Metalink v Council (Dumping — Imports of ferro molybdenum originating in China — Revocation of market economy treatment — Article 2(7)(b) and (c) and Article 6(1) of Regulation (EC) No 384/96)
Date: 2006-12-30
Institutions: Court of First Instance
Subjects: China, Council of the European Union, action for annulment (EU), anti-dumping duty, ferro-alloy, import, market economy, originating product

C 326/54

EN

Official Journal of the European Union

30.12.2006

COURT OF FIRST INSTANCE

Judgment of the Court of First Instance of 14 November
2006 — Nanjing Metalink v Council

Judgment of the Court of First Instance of 16 November
2006 — Masdar (UK) Ltd v Commission

(Case T-138/02) (1)

(Case T-333/03) (1)

(Dumping — Imports of ferro molybdenum originating in
China — Revocation of market
economy treatment —
Article 2(7)(b) and (c) and Article 6(1) of Regulation (EC) No
384/96)

(2006/C 326/115)

Language of the case: English

liability of

(Non-contractual
the Community — TACIS
programme — Sub-contracted services — Refusal to make
payment — Unjust enrichment — Negotiorum gestio —
Recovery of sum not due — Legitimate expectations — Duty
of diligence)

(2006/C 326/116)

Language of the case: English

Parties

Applicant: Nanjing Metalink International Co. Ltd (Nanjing,
China) (represented by: P. Waer, lawyer)

Parties

Defendant: Council of the European Union (represented by: S.
Marquardt, assisted by G.M. Berrisch, lawyer)

Intervener in support of the defendant: Commission of the Euro-
pean Communities (represented by: T. Scharf and S. Meany,
Agents)

Applicant: Masdar
Kingdom)
Barrister)

(UK) Ltd (established in Eversley, United
(represented by: A. Bentley QC, and P. Green,

Defendant: Commission of the European Communities (repre-
sented by: J. Enegren and M. Wilderspin, Agents)

Re:

Re:

Annulment of Article 1 of Council Regulation (EC) No
215/2002 of 28 January 2002 imposing definitive anti-
dumping duties on imports of ferro molybdenum originating in
the People's Republic of China (OJ 2002 L 35, p. 1), in so far as
it imposes an anti-dumping duty on imports of ferro molyb-
denum produced by the applicant.

Action under Article 235 EC and the second paragraph of
Article 288 EC for payment for services supplied by the appli-
cant in connection with TACIS contracts MO.94.01/01.01/B002
and RU 96/5276/00, compensation for the damage suffered by
the applicant as a result of the non-payment for those services
and payment of interest.

Operative part of the judgment

The Court:

Operative part of the judgment

1. Dismisses the application;

The Court:

2. Orders the applicant to bear its own costs and to pay those incurred

by the Council;

1. Dismisses the action;

3. Orders the Commission to bear its own costs.

2. Orders the applicant to pay the costs.

(1) OJ C 169, 13.7.2002.

(1) OJ C 289 of 29.11.2003.
Case C-108/06: Order of the President of the Fifth Chamber of the Court of 23 October 2006 — Commission of the European Communities v Kingdom of the Netherlands
Date: 2006-12-30
Institutions: Court of Justice
Subjects: European Commission, Netherlands, action for failure to fulfil an obligation, environmental impact, environmental law, impact study

30.12.2006

EN

Official Journal of the European Union

C 331/25

Order of the President of the Court of 20 November 2006
— Commission of the European Communities v Portu-
guese Republic

Order of the President of the Fifth Chamber of the Court
the European
of 23 October 2006 — Commission of

Communities v Kingdom of the Netherlands

(Case C-75/06) (1)

(2006/C 331/48)

Language of the case: Portuguese

(Case C-108/06) (1)

(2006/C 331/51)

Language of the case: Dutch

The President of
removed from the register.

the Court has ordered that

the case be

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

(1) OJ C 86, 8.4.2006.

(1) OJ C 121, 20.5.2006.

Order of the President of the Court of 13 October 2006 —
Commission of the European Communities v Ireland

(Case C-88/06) (1)

(2006/C 331/49)

Language of the case: English

Order of the President of the Court of 29 November 2006
(reference for a preliminary ruling from the Commissione
tributaria provinciale di Roma — Italie) — Diagram APS
Applicazioni Prodotti Software v Agenzia Entrate Ufficio
Roma 6

(Case C-118/06) (1)

(2006/C 331/52)

Language of the case: Italian

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 108, 6.5.2006.

(1) OJ C 121, 20.5.2006.

Order of the President of the Court of 22 November 2006
— Commission of the European Communities v Portu-
guese Republic

Order of the President of the Court of 29 November 2006
(reference for a preliminary ruling from the Commissione
tributaria provinciale di Roma — Italie) — Nissan Italia Srl
v Agenzia Entrate Ufficio Roma 3

(Case C-90/06) (1)

(2006/C 331/50)

Language of the case: Portuguese

(Case C-164/06) (1)

(2006/C 331/53)

Language of the case: Italian

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 86, 8.4.2006.

(1) OJ C 154, 1.7.2006.
Case T-333/03: Judgment of the Court of First Instance of 16 November 2006 — Masdar (UK) Ltd v Commission (Non-contractual liability of the Community — TACIS programme — Sub-contracted services — Refusal to make payment — Unjust enrichment — Negotiorum gestio — Recovery of sum not due — Legitimate expectations — Duty of diligence)
Date: 2006-12-30
Institutions: Court of First Instance
Subjects: EU programme, Moldova, Russia, payment, provision of services, right of action

C 326/54

EN

Official Journal of the European Union

30.12.2006

COURT OF FIRST INSTANCE

Judgment of the Court of First Instance of 14 November
2006 — Nanjing Metalink v Council

Judgment of the Court of First Instance of 16 November
2006 — Masdar (UK) Ltd v Commission

(Case T-138/02) (1)

(Case T-333/03) (1)

(Dumping — Imports of ferro molybdenum originating in
China — Revocation of market
economy treatment —
Article 2(7)(b) and (c) and Article 6(1) of Regulation (EC) No
384/96)

(2006/C 326/115)

Language of the case: English

liability of

(Non-contractual
the Community — TACIS
programme — Sub-contracted services — Refusal to make
payment — Unjust enrichment — Negotiorum gestio —
Recovery of sum not due — Legitimate expectations — Duty
of diligence)

(2006/C 326/116)

Language of the case: English

Parties

Applicant: Nanjing Metalink International Co. Ltd (Nanjing,
China) (represented by: P. Waer, lawyer)

Parties

Defendant: Council of the European Union (represented by: S.
Marquardt, assisted by G.M. Berrisch, lawyer)

Intervener in support of the defendant: Commission of the Euro-
pean Communities (represented by: T. Scharf and S. Meany,
Agents)

Applicant: Masdar
Kingdom)
Barrister)

(UK) Ltd (established in Eversley, United
(represented by: A. Bentley QC, and P. Green,

Defendant: Commission of the European Communities (repre-
sented by: J. Enegren and M. Wilderspin, Agents)

Re:

Re:

Annulment of Article 1 of Council Regulation (EC) No
215/2002 of 28 January 2002 imposing definitive anti-
dumping duties on imports of ferro molybdenum originating in
the People's Republic of China (OJ 2002 L 35, p. 1), in so far as
it imposes an anti-dumping duty on imports of ferro molyb-
denum produced by the applicant.

Action under Article 235 EC and the second paragraph of
Article 288 EC for payment for services supplied by the appli-
cant in connection with TACIS contracts MO.94.01/01.01/B002
and RU 96/5276/00, compensation for the damage suffered by
the applicant as a result of the non-payment for those services
and payment of interest.

Operative part of the judgment

The Court:

Operative part of the judgment

1. Dismisses the application;

The Court:

2. Orders the applicant to bear its own costs and to pay those incurred

by the Council;

1. Dismisses the action;

3. Orders the Commission to bear its own costs.

2. Orders the applicant to pay the costs.

(1) OJ C 169, 13.7.2002.

(1) OJ C 289 of 29.11.2003.
Case T-283/06 R: Order of the Court of First Instance of 17 November 2006 — Dairo Air Services v Commission
Date: 2006-12-30
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), air safety, air transport, transport regulations

C 331/44

EN

Official Journal of the European Union

30.12.2006

Order of the President of the Court of First Instance of 11
December 2006 — Huta Częstochowa v Commission

Order of the Court of First Instance of 20 November 2006
— Latino v Commission

(Case T-288/06 R)

(Application for interim measures — Application for suspen-
sion of operation — State aid — Admissibility)

(2006/C 331/97)

Language of the case: Polish

Parties

(Case T-409/04) (1)

(2006/C 331/98)

Language of the case: French

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

Applicant: Huta Częstochowa S.A. (Częstochowa, Poland) (repre-
sented by: C.Sadkowski and D. Salajewski, lawyers)

(1) OJ C 300, 4.12.2004.

Defendant: Commission of the European Communities (repre-
sented by: C. Giolito and A. Stobiecka-Kuik, Agents)

Re:

Application for suspension of operation of Article 3 of the
Commission decision of 5 July 2005 cocerning State aid
granted to the steel producer Huta Częstochowa S.A in Case No
C 20/04, and for the joinder of that application with the appli-
cation for suspension of operation brought by ISD Polska sp. z
o.o.

Operative part of the order

1. The application for interim measures is dismissed.

2. Costs are reserved.

Order of the Court of First Instance of 17 November 2006
— Dairo Air Services v Commission

(Case T-283/06 R)

(2006/C 331/99)

Language of the case: French

The President of the Court of First Instance has ordered that the
case be removed from the register.
Case C-88/06: Order of the President of the Court of 13 October 2006 — Commission of the European Communities v Ireland
Date: 2006-12-30
Institutions: Court of Justice
Subjects: European Commission, Ireland, accident prevention, action for failure to fulfil an obligation, national implementing measure, occupational health, occupational safety, safety standard

30.12.2006

EN

Official Journal of the European Union

C 331/25

Order of the President of the Court of 20 November 2006
— Commission of the European Communities v Portu-
guese Republic

Order of the President of the Fifth Chamber of the Court
the European
of 23 October 2006 — Commission of

Communities v Kingdom of the Netherlands

(Case C-75/06) (1)

(2006/C 331/48)

Language of the case: Portuguese

(Case C-108/06) (1)

(2006/C 331/51)

Language of the case: Dutch

The President of
removed from the register.

the Court has ordered that

the case be

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

(1) OJ C 86, 8.4.2006.

(1) OJ C 121, 20.5.2006.

Order of the President of the Court of 13 October 2006 —
Commission of the European Communities v Ireland

(Case C-88/06) (1)

(2006/C 331/49)

Language of the case: English

Order of the President of the Court of 29 November 2006
(reference for a preliminary ruling from the Commissione
tributaria provinciale di Roma — Italie) — Diagram APS
Applicazioni Prodotti Software v Agenzia Entrate Ufficio
Roma 6

(Case C-118/06) (1)

(2006/C 331/52)

Language of the case: Italian

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 108, 6.5.2006.

(1) OJ C 121, 20.5.2006.

Order of the President of the Court of 22 November 2006
— Commission of the European Communities v Portu-
guese Republic

Order of the President of the Court of 29 November 2006
(reference for a preliminary ruling from the Commissione
tributaria provinciale di Roma — Italie) — Nissan Italia Srl
v Agenzia Entrate Ufficio Roma 3

(Case C-90/06) (1)

(2006/C 331/50)

Language of the case: Portuguese

(Case C-164/06) (1)

(2006/C 331/53)

Language of the case: Italian

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 86, 8.4.2006.

(1) OJ C 154, 1.7.2006.
Case C-68/06: Order of the President of the Fifth Chamber of the Court of 24 November 2006 — Commission of the European Communities v Hellenic Republic
Date: 2006-12-30
Institutions: Court of Justice
Subjects: EU programme, European Commission, Greece, action for failure to fulfil an obligation, environmental impact, national implementing measure, project evaluation

C 331/24

EN

Official Journal of the European Union

30.12.2006

Order of the President of the Court of 14 September 2006
(reference for a preliminary ruling from the Cour de cassa-
tion — Belgium) — Belgium State v Ring Occasions SA, in
liquidation, Fortis Bank SA

Order of the President of the Court of 7 November 2006
(reference for a preliminary ruling from the Bundesfi-
nanzhof — Allemagne) — F. Weissheimer Malzfabrik v
Hauptzollamt Hamburg-Jonas

(Case C-42/05) (1)

(2006/C 331/42)

(Case C-151/05) (1)

(2006/C 331/45)

Language of the case: French

Language of the case: German

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 93, 16.4.2005.

(1) OJ C 143, 11.6.2005.

Order of the President of the Fifth Chamber of the Court
of 22 November 2006 — Commission of the European
Communities v Kingdom of the Netherlands

Order of the President of the Court of 29 November 2006
— Commission of the European Communities v Kingdom
of Belgium

(Case C-66/05) (1)

(2006/C 331/43)

(Case C-65/06) (1)

(2006/C 331/46)

Language of the case: Dutch

Language of the case: Dutch

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

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 93, 16.4.2005.

(1) OJ C 86, 8.4.2006.

Order of the President of the Fifth Chamber of the Court
of 22 November 2006 — Commission of the European
Communities v Republic of Finland

Order of the President of the Fifth Chamber of the Court
of 24 November 2006 — Commission of the European
Communities v Hellenic Republic

(Case C-105/05) (1)

(2006/C 331/44)

(Case C-68/06) (1)

(2006/C 331/47)

Language of the case: Finnish

Language of the case: Greek

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

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

(1) OJ C 93, 16.4.2005.

(1) OJ C 74, 25.3.2006.