Case T-181/02: Order of the Court of First Instance (First Chamber Extended Composition) of 22 May 2007 — Neue Erba Lautex v Commission
Date: 2007-08-04
Institutions: Court of First Instance
Subjects: European Commission, Germany, State aid, action for annulment (EU), aid for restructuring, aid to undertakings

4.8.2007

EN

Official Journal of the European Union

C 183/41

Form of order sought

— annul the decision of the European Parliament of 24 May

2007 on the verification of the applicant's credentials;

— declare Rule 3(5) of the Rules of Procedure of the European

Parliament unlawful under Article 241 EC;

— order the defendant to pay the costs.

Pleas in law and main arguments

The decision contested in the present case declares invalid the
mandate as member of the European Parliament of Beniamino
Donnici, whose election was communicated by the competent
national authorities, and confirms the validity of the mandate of
Achille Occhetto.

It should be noted in this regard that, in a decision which has
become final, the Consiglio di Stato annulled the declaration of
the election of Achille Occhetto to the European Parliament.

In support of his claims,
European Parliament:

the applicant

submits

that

the

— was not competent to rule on the validity of the mandate
conferred on him as member of the European Parliament;

— infringed Article 12 of the 1976 Act, legislation which does
not in any way permit it to challenge decisions taken by the
national authorities acting within their powers;

— misapplied Rule 3(5) of the Rules of Procedure, which, it is
also submitted,
is unlawful as being at variance with the
1976 Act. The Rules of Procedure, in so far as they are a
source of secondary legislation, cannot of themselves confer
powers on the European Parliament which are not already
provided for in that Act;

— wrongly took the view that it could find that there had been
an infringement of Article 6 of the 1976 Act and also
breached the principle of res judicata by ‘disapplying’ the
judgments, now final and conclusive, which had been
delivered in the matter by the national courts;

— failed to give adequate reasons for the contested decision
and, in particular, failed to explain the reasons which led it
to disregard the contrary opinion delivered by its Legal
Service on this matter.

the Court of First

Order of
Instance (First Chamber
Extended Composition) of 22 May 2007 — Neue Erba
Lautex v Commission

(Case T-181/02) (1)

(2007/C 183/78)

Language of the case: German

The President of
Instance First Chamber
Extended Composition Chamber has ordered that the case be
removed from the register.

the Court of First

(1) OJ C 202, 24.8.2002.

Order of the Court of First Instance of 16 May 2007 —
Technische Glaswerke Ilmenau v Commission

(Case T-378/02) (1)

(2007/C 183/79)

Language of the case: German

The President of the Court of First Instance (Fourth Chamber)
has ordered that the case be removed from the register.

(1) OJ C 55, 8.3.2003.

Order of the Court of First Instance of 4 June 2007 —
Commission v TH Parkner

(Case T-266/06) (1)

(2007/C 183/80)

Language of the case: German

The President of the Court of First Instance (Third Chamber) has
ordered that the case be removed from the register.

(1) OJ C 294, 2.12.2006.