Case T-264/04: Judgment of the Court of First Instance of 25 April 2007 — WWF European Policy Programme v Council (Access to documents — Regulation (EC) No 1049/2001 — Exceptions relating to the protection of the public interest — Partial access)
Date: 2007-04-28
Institutions: Court of First Instance
Subjects: Council of the European Union, access to information, action for annulment (EU), confidentiality, provision of documents, trade relations

C 96/32

EN

Official Journal of the European Union

28.4.2007

6. In Case T-128/02 Papeteries Mougeot v Commission:

— dismisses the action;

— orders the applicant to pay the costs.

7. In Case T-129/02 Torraspapel v Commission:

— dismisses the action;

— orders the applicant to pay the costs.

8. In Case T-132/02 Distribuidora Vizcaína de Papeles v Commis-

sion:

— dismisses the action;

— orders the applicant to pay the costs.

9. In Case T-136/02 Papelera Guipuzcoana de Zicuñaga v Commis-

sion:

— sets the amount of

the fine imposed on the applicant by
Article 3 of Commission Decision 2004/337/EC of
20 December 2001 relating to a proceeding pursuant
to
Article 81 of the EC Treaty and Article 53 of the EEA Agree-
(Case COMP/E-1/36.212 — Carbonless paper) at
ment
EUR 1 309 million;

— dismisses the remainder of the action;

— orders the applicant to bear two thirds of its own costs and pay
two thirds of the costs incurred by the Commission and the
Commission to bear one third of its own costs and pay one
third of those incurred by the applicant.

(1) OJ C 131, 1.6.2002.

Judgment of the Court of First Instance of 28 March 2007
— Spain v Commission

(Case T-220/04) (1)

(EAGGF — Guarantee Section — Expenditure excluded from
Community financing — Tomatoes and citrus fruits —
Sample checks — Force majeure)

(2007/C 96/66)

Language of the case: Spanish

Parties

Applicant: Kingdom of Spain (represented by: L. Fraguas Gadea
and F. Díez Moreno, Agents)

Defendant: Commission of the European Communities (repre-
sented by: initially M. Nolin and S. Pardo Quintillán and subse-
quently by M. Nolin and F. Jimeno Fernández, Agents)

Re:

Application for annulment
in part of Commission Decision
2004/136/EC of 4 February 2004 excluding from Community
financing certain expenditure incurred by the Member States
under
the European Agricultural
Guidance and Guarantee Fund (EAGGF) (OJ 2004 L 40, p. 31)

the Guarantee Section of

Operative part of the judgment

The Court:

1. annuls Commission Decision 2004/136/EC of 4 February 2004
excluding from Community financing certain expenditure incurred
by the Member States under the Guarantee Section of the European
Agricultural Guidance and Guarantee Fund in so far as it excludes
from Community financing a sum of EUR 979 554,48 corre-
sponding to an adjustment of the aid to Andalusian growers of
certain citrus fruits in respect of the financial years 1998 to 2001;

2. dismisses the remainder of the action;

3. orders the parties to bear their own costs.

(1) OJ C 146, 29.5.2004 (formerly C-175/04).

Judgment of the Court of First Instance of 25 April 2007
— WWF European Policy Programme v Council

(Case T-264/04) (1)

(Access to documents — Regulation (EC) No 1049/2001 —
Exceptions relating to the protection of the public interest —
Partial access)

(2007/C 96/67)

Language of the case: English

Parties

Applicant: WWF European Policy Programme (Brussels, Belgium)
(represented by: R. Haynes, Barrister)

Defendant: Council of
B. Driessen and M. Bauer, Agents)

the European Union (represented by:

Intervener in support of the defendant: Commission of the Euro-
pean Communities (represented by: E. Montaguti and P. Aalto,
Agents)

28.4.2007

EN

Official Journal of the European Union

C 96/33

Re:

and R 1036/2001-4)
between Panrico, SA and House of Donuts International

concerning opposition proceedings

Application for the annulment of
the Council's decision of
30 April 2004 refusing to give the applicant access to certain
documents relating to the meeting of the committee of the
Council known as ‘the Article 133 Committee’ of 19 December
2003.

Operative part of the judgment

The Court:

1. Dismisses the action;

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the applicant to pay the costs of the Office for Harmonisa-
tion in the Internal Market (Trade Marks and Designs) and of the
intervener.

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

by the Council;

(1) OJ C 300, 4.12.2004.

3. Orders the Commission to bear its own costs.

(1) OJ C 262, 23.10.2004.

Judgment of the Court of First Instance of 18 April 2007
— House of Donuts International v OHIM — Panrico
(House of Donuts)

(Joined Cases T-333/04 and T-334/04) (1)

(Community trade mark — Opposition proceedings — Appli-
cations for Community figurative marks ‘House of donuts’ —
Earlier national word marks ‘DONUT’ and earlier figurative
marks ‘donuts’ — Relative ground for refusal — Likelihood
of confusion)

Judgment of the Court of First Instance of 29 March 2007
— Verheyden v Commission

(Case T-368/04) (1)

(Staff case — Application to carry over annual
leave —
Requirements of the service — Sick leave — Protection of
legitimate expectations)

(2007/C 96/69)

Language of the case: French

(2007/C 96/68)

Parties

Language of the case: English

Parties

Applicant: House of Donuts International (George Town, Grand
Cayman) (represented by: N. Decker, lawyer)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)
(represented by: S. Laitinen and
A. Folliard-Monguiral, Agents)

Other party to the proceedings before the Board of Appeal of OHIM,
intervening before
Instance: Panrico, SA
(Barcelona, Spain) (represented by: D. Pellisé Urquiza, lawyer)

the Court

of First

Re:

Two actions brought against the decisions of the Fourth Board
of Appeal of OHIM of 12 May 2004 (Cases R 1034/2001-4

Applicant: Luc Verheyden (Angera,
É. Boigelot, lawyer)

Italy)

(represented by:

Defendant: Commission of the European Communities (repre-
sented by: V. Joris and L. Lozano Palacios, Agents)

Re:

Application, firstly, for annulment of the decisions of the appli-
cant's head of unit, dated 4, 24 and 27 February 2004, relating
to the applicant's application to carry over from 2003 to 2004
the days of annual leave not taken which exceeded the threshold
of 12 days and for annulment of the administration's decision
of 1 June 2004, received on 14 June 2004, rejecting the appli-
cant's complaint and, secondly, for an order that the Commis-
sion pay compensation for 32 days of annual leave not used up
and not paid, together with interest at 5.25 % from the date of
commencement of this action and for an order for payment of
damages in respect of non-material damage, detriment to his
career and detriment to his reputation