Case T-44/05: Order of the Court of First Instance of 27 February 2007 — SP Entertainment Development v Commission (State aid — Actionable measure — Inadmissibility)
Date: 2007-04-28
Institutions: Court of First Instance
Subjects: European Commission, State aid, action for annulment (EU), control of State aid, redemption

C 95/40

EN

Official Journal of the European Union

28.4.2007

Re:

Action brought against the decision of the First Board of Appeal
of OHIM of 10 June 2005 (Case R 1145/2004-1) relating to
opposition proceedings between Terra Network, SA and Carsten
Brinkmann.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the applicant to pay the costs.

Order of the Court of First Instance of 5 March 2007 —
Beyatli and Candan v Commission

(Case T-455/04) (1)

(Officials — Open competition — Notice of competition —
Time-limits — Compalint — Inadmissibility)

(2007/C 95/81)

Language of the case: English

(1) OJ C 281, 12.11.2005.

Parties

Judgment of the Court of First Instance of 22 March 2007
(PAM
— Saint-Gobain Pam v OHIM — Propamsa

Applicants: Derya Beyatli (Nicosia, Cyprus) and Armagan Candan
(Istanbul, Turkey) (represented by: A. Demetriades, lawyer)

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

PLUVIAL)

(Case T-364/05) (1)

Re:

(Community trade mark — Opposition proceedings — Appli-
cation for the Community word mark PAM PLUVIAL —
Earlier national figurative marks PAM — Relative ground for
refusal — Likelihood of confusion — Proof of use —
Article 8(1)(b) and Article 43 of Regulation (EC) No 40/94)

(2007/C 95/80)

Language of the case: French

Parties

Applicant: Saint-Gobain Pam SA (Nancy, France) (represented by:
J. Blanchard and G. Marchais, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM:
Propamsa, SA (Barcelona, Spain)

Re:

Action brought against the decision of the Fourth Board of
Appeal of OHIM of 15 April 2005 (Case R 414/2004-4)
concerning registration of the word mark PAM PLUVIAL and
relating to opposition proceedings between Propamsa, SA and
Saint-Gobain Pam SA.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the applicant, Saint-Gobain Pam SA, to pay the costs.

Application for annulment of the decision of 5 May 2004 of
the president of the selection board of open competition EPSO/
A/1/03 notifying the applicants of their failure in the written
tests

Operative part of the order

1. The action is dismissed as inadmissible.

2. Each of the parties is to bear its own costs.

(1) OJ C 57 of 5.1.2005.

Order of the Court of First Instance of 27 February 2007
— SP Entertainment Development v Commission

(Case T-44/05) (1)

(State aid — Actionable measure — Inadmissibility)

(2007/C 95/82)

Language of the case: German

(1) OJ C 315, 10.12.2005.

Parties

Applicant: SP Entertainment Development GmbH (Norderfrie-
drichskoog, Germany) (represented by: C. Demleitner, lawyer)

28.4.2007

EN

Official Journal of the European Union

C 95/41

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

Operative part of the order

The Court:

Re:

1. Dismisses the application as inadmissible;

Application for annulment of the decision contained in a letter
from the Commission of 20 October 2004 concerning the
recovery of State aid granted by the German authorities to
Space Park Development GmbH & Co. KG.

Operative part of the order

1. The action is dismissed as inadmissible.

2. The applicant, SP Entertainment Development GmbH, shall pay

all the costs.

(1) OJ C 115 of 14.5.2005.

Order of the Court of First Instance of 5 February 2007 —
Sinara Handel v Council and Commission

(Case T-91/05) (1)

(Preliminary issues — Plea of inadmissibility — Action for
damages — Loss of profit — Application for repayment of
anti-dumping duties — No jurisdiction)

(2007/C 95/83)

Language of the case: English

Parties

Applicant: Sinara Handel GmbH (Cologne, Germany)
sented by: K. Adamantopoulos and E. Petritsi, lawyers)

(repre-

Defendants: Council of the European Union (represented by: J.-P.
Hix, Agent, assisted by G. Berrisch, lawyer); and Commission of
the European Communities (represented by: N. Khan and T.
Scharf, Agents)

Re:

Action for compensation under Article 288 EC for the damage
allegedly suffered because of the adoption of Council Regulation
(EC) No 2320/97 of 17 November 1997 imposing definitive
anti-dumping duties on imports of certain seamless pipes and
tubes of iron or non-alloy steel originating in Hungary, Poland,
Russia, the Czech Republic, Romania and the Slovak Republic,
repealing Regulation (EEC) No 1189/93 and terminating the
such imports originating in the
proceeding in respect of
Republic of Croatia (OJ 1997 L 322, p. 1)

2. Orders the applicant, Sinara Handel GmbH, to bear the costs.

(1) OJ C 115, 14.5.2005.

Order of the Court of First Instance of 26 February 2007
— Evropaïki Dynamiki v Commission

(Case T-205/05) (1)

(Actions for annulment — Arbitration clause — e-Content
Programme — Termination of contract — Repayment —
Inadmissibility)

(2007/C 95/84)

Language of the case: English

Parties

Applicant: Evropaïki Dynamiki — Proigmena Systimata Tilepi-
koinonion Pliroforikis kai Tilematikis AE (Athens, Greece)

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

Re:

Action for annulment, first, of the Commission's decision of
16 May 2003 to terminate contract EDC-53007 EEBO/27873;
secondly, of the Commission's decision of 12 November 2004
to reimburse to the applicant an amount for the costs of labour
not exceeding EUR 85 971; and thirdly, the Commission's deci-
sion of 7 March 2005 to issue a debit note in the amount of
EUR 59 485 in respect of the applicant.

Operative part of the order

1. The action is dismissed as inadmissible.

2. The applicant is ordered to bear its own costs and to pay those of

the Commission.

(1) OJ C 193, 6.8.2005.