Case T-90/03: Judgment of the Court of First Instance of 11 July 2007 — Fédération des industries condimentaires de France and Others v Commission (Non-contractual liability — Incompatibility of the Community prohibition on the importation of meat containing substances having a hormonal action with the rules of the World Trade Association (WTO) — Imposition by the United States of America of a surcharge on the import of products from the Community pursuant to WTO authorisation — Termination by the Commission of proceedings to investigate trade barriers — Application for compensation of groups of Community exporters adversely affected by the surcharge)
Date: 2007-08-25
Institutions: Court of First Instance
Subjects: EC action to establish liability, European Commission, United States, World Trade Organisation, condiment, import, indemnification, restriction on competition

25.8.2007

EN

Official Journal of the European Union

C 199/27

Judgment of the Court of First Instance (Second Chamber)
of 11 July 2007 — Jose Maria Sison v Council of the
European Union

(Case T-47/03) (1)

(Common foreign and security policy — Restrictive measures
against certain persons and entities with a view to combating
terrorism — Freezing of funds — Competence of the Com-
munity — Action for annulment — Rights of the defence —
Statement of reasons — Right to effective judicial protection
— Action for damages)

3. Orders the Council to bear, in addition to its own costs, the appli-
cant's costs, including those incurred in the proceedings for interim
measures, and also the costs of
the
National Democratic Front of the Philippines, Luis G. Jalandoni,
Fidel V. Agcaoili and Maria Consuelo K. Ledesma;

the Negotiating Panel of

4. Orders the Kingdom of the Netherlands and the United Kingdom
of Great Britain and Northern Ireland to bear their own costs.

(1) OJ C 101, 26.4.2003.

(2007/C 199/49)

Language of the case: English

Parties

Applicant: Jose Maria Sison (Utrecht, Netherlands) (represented
by J. Fermon, A. Comte, H. Schultz, D. Gurses and T. Olsson,
lawyers)

Defendant: Council of
M. Vitsentzatos and M. Bishop, acting as Agents)

the European Union (represented by:

Interveners in support of the applicants: Negotiating Panel of the
National Democratic Front of the Philippines (Utrecht); Luis G.
Jalandoni (Utrecht); Fidel V. Agcaoili (Utrecht); Maria Consuelo
K. Ledesma (Utrecht) (represented by B. Tomlow, lawyer)

Interveners in support of the defendants: Kingdom of the Nether-
lands (represented by H. Sevenster, acting as Agent) and United
Kingdom of Great Britain and Northern Ireland (represented
initially by R. Caudwell and subsequently by C. Gibbs, acting as
Agents, and by S. Moore, Barrister)

Re:

Application for,
first, partial annulment of Council Decision
2002/974/EC of 12 December 2002 implementing Article 2(3)
of Regulation (EC) No 2580/2001 on specific restrictive
measures directed against certain persons and entities with a
repealing Decision
terrorism and
view to
2002/848/EC (OJ 2002 L 337, p. 85), and, secondly, compensa-
tion for damage.

combating

Operative part of the judgment

The Court:

1. Annuls Council Decision 2006/379/EC of 29 May 2006 imple-
menting Article 2(3) of Regulation (EC) No 2580/2001 on
specific restrictive measures directed against certain persons and
entities with a view to combating terrorism and repealing Decision
2005/930/EC in so far as it concerns the applicant;

2. Rejects the application for compensation;

Judgment of the Court of First Instance of 11 July 2007 —
Fédération des industries condimentaires de France and
Others v Commission

(Case T-90/03) (1)

liability — Incompatibility of

(Non-contractual
the Com-
munity prohibition on the importation of meat containing
substances having a hormonal action with the rules of the
World Trade Association (WTO) — Imposition by the United
States of America of a surcharge on the import of products
from the Community pursuant to WTO authorisation —
Termination by the Commission of proceedings to investigate
trade barriers — Application for compensation of groups of
Community exporters adversely affected by the surcharge)

(2007/C 199/50)

Language of the case: French

Parties

Applicants: Fédération des industries condimentaires de France
(FICF) (Paris, France); the Confédération Générale des produc-
teurs de lait de brebis et des industriels de Roquefort (Millau,
France); Comité économique agricole régional fruits et légumes
de Bretagne (Cerafel) (Morlaix, France); and Comité interprofes-
sionnel des palmipèdes à foie gras (CIFOG) (Paris, France) (repre-
sented by: initially, M. Jacquot and O. Prost, and subsequently,
O. Prost, K. Lentz, E. Berthelot and M. Baudin, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: P. Kuijper, C. Brown and G. Boudot, acting as Agents)

Party intervening in support of the defendant: Kingdom of Spain
(represented by:
initially, E. Braquehais Conesa, and subse-
quently, J. Rodriguez Cárcamo, acting as Agents)

C 199/28

EN

Official Journal of the European Union

25.8.2007

Re:

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

incurred by the applicant.

Application for compensation for the damage allegedly caused
by the Commission's purportedly unlawful action in the face of
retaliatory trade measures taken by the United States of America
in the so-called case on ‘beef having a hormonal action’.

(1) OJ C 112, 10.5.2003.

Operative part of the judgment

The Court:

1. Dismisses the application;

2. orders the applicants jointly and severally to bear their own costs

and to pay those incurred by the Commission;

3. orders the Kingdom of Spain to bear its own costs.

(1) OJ C 112, 10.5.2003.

Order of the Court of First Instance of 11 July 2007 —
Mülhens v OHIM — Conceria Toska (TOSKA)

(Case T-263/03) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for Community word mark TOSKA — Earlier national
word mark TOSCA — Relative grounds for
refusal —
Well-known trade mark within the meaning of Article 6 bis of
the Paris Convention — Article 8(1)(b) of Regulation (EC)
No 40/94 — Article 8(5) of Regulation (EC) No 40/94)

(2007/C 199/52)

Language of the case: Italian

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

(Case T-93/03) (1)

Parties

(Officials — Recruitment — Post of director at Grade A2 —
Rejection of application — Actions for annulment — Obliga-
tion to state reasons — Lawfulness of the comparative exami-
nation of applicants — Assessment of the qualifications of
the candidate appointed)

(2007/C 199/51)

Language of the case: French

Applicant: Mülhens GmbH & Co. KG (Cologne, Germany) (repre-
sented by: T. Schulte-Beckhausen, lawyer)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: M. Capostagno and
O. Montalto, Agents)

Other party to the proceedings before the Board of Appeal of OHIM
intervening before the Court of First Instance: Conceria Toska Srl
(Corsico, Italy) (represented by: G. Cimolino, lawyer)

Parties

Re:

Applicant: Spyros Konidaris (Overijse, Belgium) (represented by:
A. Coolen, J.-N. Louis and E. Marchal, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: J. Currall, Agent, assisted by D. Waelbroeck, lawyer)

Action brought against the decision of the Second Board of
Appeal of OHIM of 13 May 2003 (Case R-369/2002-2)
concerning opposition proceedings between Mülhens GmbH &
Co. KG and Conceria Toska Srl

Re:

Application for annulment of
the Commission's decision to
reject the applicant's application for the post of director in the
‘Communication Services: Policy
Directorate General INFSO/A:
and Regulatory Framework’.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mülhens GmbH & Co. KG to pay the costs.

Operative part of the judgment

The Court:

1. Dismisses the action;

(1) OJ C 289, 29.11.2003.