Case T-282/06: Judgment of the Court of First Instance of 9 July 2007 — Sun Chemical Group and Others v Commission (Competition — Concentration — European rosin resin market for printing ink applications — Decision declaring a concentration compatible with the common market — Guidelines on the assessment of horizontal mergers — Market shares and concentration levels — Non-coordinated effects — Coordinated effects — Obligation to state reasons)
Date: 2007-08-25
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), chemical industry, economic concentration, investment company, merger control, restrictive-practice authorisation

25.8.2007

EN

Official Journal of the European Union

C 199/37

Judgment of the Court of First Instance of 11 July 2007 —
Alrosa v Commission

Judgment of the Court of First Instance of 5 July 2007 —
Sanchez Ferriz v Commission

(Case T-170/06) (1)

(Competition — Abuse of a dominant position — World
market for the production and supply of rough diamonds —
Decision making binding the commitments proposed by the
undertaking in a dominant position — Article 9 of Regulation
(EC) No 1/2003 — Principle of proportionality — Contrac-
tual freedom — Right to be heard)

(2007/C 199/70)

Language of the case: English

(Case T-247/06 P) (1)

(Appeal — Civil service — Officials — Career development
report — 2003 promotions procedure — Appeal unfounded)

(2007/C 199/71)

Language of the case: French

Parties

Appellant: Carlos Sanchez Ferriz (Brussels, Belgium) (represented
by: F. Frabetti, lawyer)

the European
Other party to the proceedings: Commission of
Communities (represented by: G. Berscheid and M. Velardo,
acting as Agents)

Parties

Re:

Applicant: Alrosa Company Ltd (Mirny, Russia) (represented by:
R. Subiotto, S. Mobley and K. Jones, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: F. Castillo de la Torre, A. Whelan and R. Sauer,
Agents)

the judgment of

Appeal brought against
the Civil Service
Tribunal of the European Union (Second Chamber) of 28 June
2006 in Case F-19/05 Sanchez Ferriz v Commission (not yet
published in European Court Reports), seeking the annulment
of that judgment.

Re:

of Commission Decision

2006/520/EC of
Annulment
to
22 February 2006 relating to a proceeding pursuant
Article 82 [EC] and Article 54 of the EEA Agreement (Case
COMP/B-2/38.381 — De Beers) (OJ 2006 L 205, p. 24) making
binding the commitments given by De Beers to bring to an end
its purchases of rough diamonds from Alrosa with effect from
2009, after a period of progressive reduction of the amounts
purchased by it from 2006 to 2008, and bringing the proceed-
ings to an end in accordance with Article 9 of Council Regu-
lation (EC) No 1/2003 of 16 December 2002 on the implemen-
tation of the rules on competition laid down in Articles 81 [EC]
and 82 [EC] (OJ 2003 L 1, p. 1).

Operative part of the judgment

The Court:

1. Annuls Commission Decision 2006/520/EC of 22 February
2006 relating to a proceeding pursuant to Article 82 [EC] and
Article 54 of the EEA Agreement (Case COMP/B-2/38.381 —
De Beers);

2. Orders the Commission to pay its own costs and those incurred by

Alrosa Company Ltd.

(1) OJ C 212, 2.9.2006.

Operative part of the judgment

The Court:

1. Dismisses the appeal;

2. Orders Mr Carlos Sanchez Ferriz to pay the costs of these proceed-

ings.

(1) OJ C 261, 28.10.2006.

Judgment of the Court of First Instance of 9 July 2007 —
Sun Chemical Group and Others v Commission

(Case T-282/06) (1)

(Competition — Concentration — European rosin resin
market for printing ink applications — Decision declaring a
concentration compatible with the common market — Guide-
lines on the assessment of horizontal mergers — Market
shares and concentration levels — Non-coordinated effects —
Coordinated effects — Obligation to state reasons)

(2007/C 199/72)

Language of the case: English

Parties

Applicants: Sun Chemical Group and Others (Weesp, Nether-
lands); Siegwerk Druckfarben AG (Sieburg, Germany) and Flint
Group Germany GmbH (Stuttgart, Germany) (represented by:
N. Dodoo and K.H. Eichhorn, lawyers)

C 199/38

EN

Official Journal of the European Union

25.8.2007

Defendant: Commission of the European Communities (repre-
sented by: A. Whelan, S. Noë and V. Bottka, Agents)

Re:

Interveners in support of the defendant: The Apollo Group (New
York, New York, United States) and Hexion Speciality Chemicals,
Inc.
by:
States))
I.M. Sinan, Barrister and J. Uphoff, Solicitor)

(Columbus, Ohio (United

(represented

Re:

Application for annulment of
the Commission Decision of
29 May 2006 declaring compatible with the common market
and the EEA Agreement the concentration concerning the acqui-
sition by Hexion Speciality Chemicals (The Apollo Group) of
full control of Akzo Nobel's Inks and Adhesive Resins business
(Case COMP/M.4071- Apollo/Akzo Nobel IAR)

Operative part of the judgment

The Court:

1. Dismisses the action;

Application for interim measures seeking, principally, a stay of
execution until delivery of the judgment by the Court in Joined
Cases C-23/07 and C-24/07 of
the provision limiting to
31 March 2007 the right to use the name ‘tocai friulano’, which
name appears in the form of an explanatory note to Point 103
of Annex I to Commission Regulation (EC) No 1429/2004 of
9 August 2004 amending Regulation (EC) No 753/2002 laying
down certain rules
for applying Council Regulation (EC)
No 1493/1999 as regards the description, designation, presenta-
tion and protection of certain wine sector products (OJ 2004
L 263, p. 11), and, as a subsidiary plea, a stay of execution of
that provision within the territory of the Italian Republic until
delivery of the judgment by the Court in Joined Cases C-23/07
and C-24/07, together with a prohibition of exports of produc-
tion in the Community and without prejudice to the marketing
of Hungarian-produced wine bearing the name ‘tokaj’ or homo-
nyms thereof accepted for marketing in Italy and in the Com-
munity.

Operative part of the order

1. The application for interim measures is dismissed.

2. Orders Sun Chemical Group BV, Siegwerk Druckfarben AG and
Flint Group Germany GmbH to bear their own costs and to pay
those of the Commission and of the interveners.

2. Costs are reserved.

(1) OJ C 281, 18.11.2006.

Order of the President of the Court of First Instance of
18 June 2007 — Italy v Commission

(Case T-431/04 R)

Action brought on 4 June 2007 — Czech Republic v
Commission

(Case T-194/07)

(2007/C 199/74)

Language of the case: Czech

(Interim relief — Application for interim measures — Regu-
lation (EC) No 1429/2004 — Common organisation of the
market in wine — System for the use of names of vine varie-
ties and their synonyms — Use limited in time — Application
devoid of purpose)

Parties

Applicant: Czech Republic (represented by: T. Boček, Agent)

Defendant: Commission of the European Communities

(2007/C 199/73)

Language of the case: Italian

Parties

Applicant: Italian Republic (represented by: M. Fiorilli, Agent)

Defendant: Commission of the European Communities (repre-
sented initially by: E. Righini and L. Visaggio, and subsequently
by F. Jimeno Fernández and E. Righini, acting as Agents)

Intervener in support of the form of order sought by the defendant:
Republic of Hungary (represented initially by: P. Gottfried, and
subsequently by R. Somssich and J. Stadler, Agents)

Form of order sought

— annul the contested decision;

— order the Commission to pay the costs.

Pleas in law and main arguments

seeks

applicant

The
annulment of Commission Decision
C(2007) 1294 final version of 26 March 2007 concerning the
national allocation plan for the allocation of greenhouse gas
emission allowances notified by the Czech Republic in accord-
ance with Directive 2003/87/EC of the European Parliament
the Council. (1) According to the contested decision,
and of
certain aspects of the Czech Republic's national allocation plan
do not comply with Annex III to Directive 2003/87/EC.