Case T-335/06: Order of the Court of First Instance of 22 May 2007 — Italy v Commission (Health requirements — Italian market for poultrymeat — Failure of the Commission to take exceptional measures to alleviate the consequences of the epidemic of avian influenza — Action for a declaration of failure to act — Definition of position bringing the failure to act to an end — No need to adjudicate)
Date: 2007-07-21
Institutions: Court of First Instance
Subjects: European Commission, Italy, action for failure to act, common organisation of markets, market support, poultrymeat

C 170/26

EN

Official Journal of the European Union

21.7.2007

Order of the Court of First Instance of 14 May 2007 —
Wauthier and Deveen v Commission

Defendant: Commission of the European Communities (repre-
sented by: J. Berscheid and M. Velardo, acting as Agents)

(Case T-164/04) (1)

(Staff cases — Officials — Reports procedure — Career
development review — 2001/2002 Appraisal exercise —
Action manifestly inadmissible and manifestly devoid of any
legal basis)

Re:

Application for annulment, principally, of the 2003 appraisal
exercise in relation to the applicant; and, alternatively, of the
applicant's career development review for that exercise.

(2007/C 170/51)

Language of the case: French

Parties

Applicants: Patricia Wauthier
Deveen (Overijse, Belgium)
F. Frabetti, lawyers, and subsequently by F. Frabetti alone)

(Tubize, Belgium) and Viviane
(represented by: G. Bounéou and

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

Re:

Operative part of the order

1. The action is dismissed as partly manifestly inadmissible and, for

the rest, as manifestly devoid of any legal basis.

2. The applicant is ordered to bear her own costs.

(1) OJ C 193, 6.8.2005.

Application for annulment, principally, of
the 2001/2002
appraisal exercise in relation to the applicants; and, alternatively,
of the applicants' career development reviews for that exercise.

Order of the Court of First Instance of 22 May 2007 —
Italy v Commission

(Case T-335/06) (1)

Operative part of the order

1. The action is dismissed as partly manifestly inadmissible and, for

the rest, as manifestly devoid of any legal basis.

2. The applicants are ordered to bear their own costs.

(Health requirements — Italian market for poultrymeat —
Failure of the Commission to take exceptional measures to
alleviate the consequences of the epidemic of avian influenza
— Action for a declaration of failure to act — Definition of
position bringing the failure to act to an end — No need to
adjudicate)

(1) OJ C 190, 24.7.2004.

(2007/C 170/53)

Language of the case: Italian

Order of the Court of First Instance of 14 May 2007 —
Gnemmi v Commission

(Case T-199/05) (1)

(Staff cases — Officials — Reports procedure — Career
development review — 2003 Appraisal exercise — Action
manifestly inadmissible and manifestly devoid of any legal
basis)

(2007/C 170/52)

Language of the case: French

Parties

Applicant: Laura Gnemmi (Arona, Italy) (represented by: initially
G. Bounéou and F. Frabetti, lawyers, and subsequently F. Frabetti
alone)

Parties

Applicant: Italian Republic (represented by G. Aiello, acting as
Agent)

Defendant: Commission of the European Communities (repre-
sented by C. Cattabriga, acting as Agent)

Re:

Action for a declaration of failure to act brought on the basis of
Article 232 EC and seeking a declaration that the Commission
failed to comply with the obligations imposed on it under
Article 14 of Council Regulation (EEC) No 2777/75 of
29 October 1975 on the common organisation of the market
in poultrymeat (OJ 1975 L 282, p. 77) by failing to adopt
exceptional measures to support the market in the poultrymeat
sector, in the form of compensation for the producers of day-
old chickens affected by veterinary measures taken in order to
alleviate the consequences of avian influenza and restricting
their movement during the period from December 1999 to
September 2003.

21.7.2007

EN

Official Journal of the European Union

C 170/27

Operative part of the order

1. There is no longer any need to adjudicate on the present action;

2. Each party is to bear its own costs.

(1) OJ C 326, 30.12.2006.

Action brought on 18 May 2007 — Far Eastern Textile v
Council

(Case T-167/07)

(2007/C 170/54)

Language of the case: English

Parties

Applicant: Far Eastern Textile Ltd (Taipei, Taiwan) (represented
by: P. De Baere, lawyer)

Defendant: Council of the European Union

the applicant contends

Thirdly,
the Council violated
Article 2(10), (11) and (12) of the Basic Regulation by calcu-
lating the applicant's dumping margin using zeroing techniques
zeroing any negative dumping margins when calculating the
weighted average dumping margin pursuant to Article 2(12).

that

Finally, the applicant alleges that the Council violated Article 253
EC by failing to state adequate reasons why the applicant's
dumping margin must be calculated using zeroing techniques.

(1) OJ 2007 L 59, p. 1.
(2) Council Regulation (EC) No 384/96 of 22 December 1995 on
protection against dumped imports from countries not members of
the European Community (OJ 1996 L 56, p. 1).

Action brought on 16 May 2007 — Professional Tennis
Registry v OHIM — Registro Profesional de Tenis (PTR
PROFESSIONAL TENNIS REGISTRY)

(Case T-168/07)

(2007/C 170/55)

Language in which the application was lodged: English

Form of order sought

Parties

— Annul Council Regulation (EC) No 192/2007 of 22 February
2007 imposing a definitive anti-dumping duty on imports
of polyethylene terephthalate (PET) originating, inter alia, in
Taiwan, insofar as it relates to the applicant; and

— order the Council to bear the costs of these proceedings.

Pleas in law and main arguments

seeks

The applicant, who is a Taiwanese producer and exporter of
the annulment of
polyethylene terephthalate (‘PET’),
Council Regulation (EC) No 192/2007 of 22 February 2007
imposing a definitive anti-dumping duty on imports of certain
polyethylene
Indonesia,
terephthalate originating in India,
the Republic of Korea, Thailand and Taiwan
Malaysia,
interim review
following an expiry review and a partial
pursuant to Article 11(2) and Article 11(3) of Regulation (EC)
No 384/96 (1).

the Council violated Article 2(11) of

In support of its application, the applicant, first of all, submits
the Basic Regu-
that
lation (2) by applying the asymmetrical method to calculate the
applicant's dumping margin.

the applicant alleges

the Council violated
Secondly,
Article 253 EC by failing to provide adequate reasons why the
symmetrical comparison methods did not reflect the full degree
of dumping.

that

Applicant: Professional Tennis Registry, Inc. (Hilton Head Island,
United States) (represented by: M. Vanhegan, Barrister)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: Registro
Profesional de Tenis, SL (Madrid, Spain)

Form of order sought

— Annulment of paragraph (1) of the First Board of Appeal's
decision of 28 February 2007 (Case R 1050/2005-1),
in
which the applicant's Community trade mark application
No 2 826 709 for the class 16 and 41 products and services
was rejected;

— order that

the opposition to the applicant's Community
trade mark application No 2 826 709 be rejected in its
entirety;

— order that the applicant's Community trade mark application
No 2 826 709 proceed to grant in respect of all of the
goods and services in classes 16, 25 and 41; and

— order that the defendant pays the applicant its costs incurred
before the Board of Appeal and the Court of First Instance.