Case T-30/03: Order of the Court of First Instance of 23 April 2007 — SID v Commission (State aid — Decision not to raise objections — Action for annulment — Admissibility — Concept of party concerned — Trade union)
Date: 2007-06-23
Institutions: Court of First Instance
Subjects: Denmark, action for annulment (EU), crew, labour law, maritime transport, tax system

C 140/22

EN

Official Journal of the European Union

23.6.2007

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks
Folliard-
Monguiral, Agent)

(represented by: A.

and Designs)

Other party to the proceedings before the Board of Appeal of OHIM
intervening before the Court of First
Instance: Atlas Copco AB
(Stockholm, Sweden) (represented by: R. Meade, Barrister, and
M. Gilbert, Solicitor)

Re:

Market, Inc. (Washington DC, United States) (represented by: J.
van Manen and J. Hofhuis, lawyers)

Re:

Action brought against the decision of the Second Board of
Appeal of OHIM of OHIM of 7 December 2005 (Case R 752/
2004-2),
relating to opposition proceedings between The
Nasdaq Stock Market, Inc. and Antartica Srl.

Thirteen actions brought against the decisions of the First Board
of Appeal of OHIM of 19 April 2005 (R 727/2004-1, R
729/2004-1, R 723/2004-1, R 730/2004-1 and R 724/2004-
1), of 27 April 2005 (R 722/2004-1) and of 3 May 2005
(R 788/2004-1, R 789/2004-1, R 790/2004-1, R 791/2004-1,
R 792/2004-1, R 793/2004-1 and R 794/2004-1), relating to
opposition proceedings between Atlas Copco AB and The Black
& Decker Corporation.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the applicant to pay the costs.

Operative part of the judgment

(1) OJ C 74, 25.3.2006.

The Court:

1. Dismisses the actions;

2. Orders the applicant to pay the costs.

(1) OJ C 205, 20.8.2005.

Judgment of the Court of First Instance of 10 May 2007 —
Antartica v OHIM — Nasdaq Stock Market (nasdaq)

(Case T-47/06) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for Community figurative mark nasdaq — Earlier Com-
munity word mark NASDAQ — Relative ground for refusal
— Reputation — Article 8(5) of Regulation (EC) No 40/94)

(2007/C 140/37)

Language of the case: English

Parties

Applicant: Antartica Srl (Rome, Italy) (represented by: E. Racca,
lawyer)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks
Folliard-
Monguiral, Agent)

(represented by: A.

and Designs)

Other party to the proceedings before the Board of Appeal of OHIM
intervening before the Court of First Instance: The Nasdaq Stock

Order of the Court of First Instance of 23 April 2007 —
SID v Commission

(Case T-30/03) (1)

(State aid — Decision not to raise objections — Action for
annulment — Admissibility — Concept of party concerned —
Trade union)

(2007/C 140/38)

Language of the case: English

Parties

Applicant: Specialarbejderforbundet
(Copen-
hagen, Denmark) (represented by: P. Bentley QC, A. Worsøe and
F. Ragolle, Lawyers)

i Danmark (SID)

Defendant: Commission of the European Communities (repre-
sented by: initially H. van Vliet, then N. Khan, Agents)

supported by: Kingdom of Denmark (represented by: J. Molde,
Agent) and Kingdom of Norway (represented by: I. Høyland,
Agent)

Re:

Annulment of Commission Decision C (2002) 4370 final of 13
November 2002 not
to raise objections to the Danish tax
measures applicable to seafarers on board vessels registered in
the Danish international register

23.6.2007

EN

Official Journal of the European Union

C 140/23

Operative part of the order

3. The intervener shall bear its own costs.

1. The application is dismissed as inadmissible.

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

the Commission.

3. All the parties are ordered to bear their own costs relating to the

interventions.

(1) OJ C 6, 8.1.2005.

(1) OJ C 70, 22.3.2003.

Order of the Court of First Instance of 26 April 2007 —
Tebaldi and Others v Commission

(Case T-415/04) (1)

Order of the Court of First Instance of 30 April 2007 —
EnBW Energie Baden-Württemberg v Commission

(Civil Service — Officials — Promotion — Promotions proce-
dure 2003 — Refusal of promotion — Award of promotion
points — Manifestly inadmissible)

(Case T-387/04) (1)

(Annulment — Directive 2003/87/EC — Greenhouse gas
emission allowance trading — National plan for allocation of
emission quotas for Germany — State aid — Legal interest in
bringing proceedings — Inadmissibility)

(2007/C 140/39)

Language of the case: German

Parties

(2007/C 140/40)

Language of the case: French

Parties

Applicant:
Germany)
Gutermuth and M. Wissmann, lawyers)

EnBW Energie
(Karlsruhe,
(represented by: C.-D. Ehlermann, M. Seyfarth, A.

Baden-Württemberg

Defendant: Commission of the European Communities (repre-
sented by: U. Wölker, M. Niejahr and T. Scharf, acting as
Agents)

Intervener in support of the form of order sought by the defendant:
Federal Republic of Germany (represented by: W.-D. Plessing
and U. Forsthoff, Agents, and D. Sellner and U. Karpenstein,
lawyers)

Re:

Application for
annulment of Commission Decision C
(2004) 2515/2 final of 7 July 2004 on the national plan for the
allocation of greenhouse gas emission allowances, communi-
cated by Germany in accordance with Directive 2003/87/EC of
the European Parliament and of the Council of 13 October
2003 establishing a scheme for greenhouse gas emission allow-
ance trading within the Community and amending Council
Directive 96/61/EC (OJ 2003 L 275, p. 32).

Operative part of the order

1. The application is dismissed as inadmissible;

2. The applicant shall bear its own costs and pay those of the defen-

dant;

Applicants: Vittoria Tebaldi
(Brussels, Belgium); Vicente Tejero
Gazo (Tervuren, Belgium); Victor Gonzalez Martinez (Brussels);
and Alessandro Giovannetti (Ernster, Luxembourg) (represented
initially by: G. Bounéou and F. Frabetti, lawyers; subsequently
by: F. Frabetti, lawyer)

Defendant: Commission of the European Communities (repre-
sented by: G. Berscheid and H. Kramer, acting as Agents)

Re:

Application for annulment, principally, of the list of officials
promoted to a higher grade in the 2003 promotions procedure,
insofar as that list does not include the names of the applicants,
and of the preparatory measures for that decision and, by way
of an ancillary measure, annulment of the decision awarding
promotion points in the 2003 promotions procedure.

Operative part of the order

1. The application is dismissed as manifestly inadmissible;

2. Each party shall bear its own costs.

(1) OJ C 300, 4.12.2004.