Case T-229/05: Judgment of the Court of First Instance of 12 July 2007 — AEPI v Commission (Competition — Copyright and related rights — Regulation (EC) No 1/2003 — Obligations relating to investigation of complaints — Absence of Community interest — Rejection)
Date: 2007-08-25
Institutions: Court of First Instance
Subjects: European Commission, Greece, action for annulment (EU), competition law, complaint to the Commission, copyright, inter-company agreement, management, music

C 199/34

EN

Official Journal of the European Union

25.8.2007

Judgment of the Court of First Instance of 4 July 2007 —
Lopparelli v Commission

(Case T-502/04) (1)

Peter van den Hul
(Tervuren, Belgium); Fritz Von Nordheim
Nielsen (Hoeilaart, Belgium); and Michaël Zouridakis (Brussels)
(represented by: initially, G. Vandersanden, L. Levi and A. Finch-
elstein, and subsequently, G. Vandersanden and L. Levi, lawyers)

(Civil service — Officials — Promotion — 2003 promotions
procedure — Award of promotion points)

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

(2007/C 199/63)

Language of the case: French

Parties

Applicant: Stéphane Lopparelli (Brussels, Belgium) (represented
by: S. Orlandi, A. Coolen, J.-N. Louis and É. Marchal, lawyers)

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

Re:

Action for the annulment of the decision awarding promotion
points to the applicant in respect of
the 2003 promotions
procedure and of the decision not to enter his name on the list
of officials promoted to grade A5 under that procedure.

Party intervening in support of the defendant: Council of the Euro-
pean Union (represented by:
initially, M. Arpio Santacruz,
M. Sims and and I. Sulce, and subsequently by M. Arpio Santa-
cruz and and I. Sulce, acting as Agents)

Re:

Application for annulment of
the decisions appointing the
applicants as probationary officials, in so far as they fix their
classification in the grade on the basis of the transitional provi-
sions in Article 12(3) of Annex XIII to the Staff Regulations of
officials of the European Communities, as amended by Council
Regulation (EC, Euratom) No 723/2004 of 22 March 2004
(OJ 2004 L 124, p. 1)

Operative part of the judgment

The Court:

Operative part of the judgment

1. Dismisses the application;

The Court:

1. Dismisses the appeal;

2. Orders each party to bear their own costs.

(1) OJ C 57, 5.3.2005.

2. orders the Commission to bear its own costs and to pay half the

costs incurred by the applicants;

3. orders the applicants to bear half the costs incurred by them;

4. orders the Council to bear its own costs.

(1) OJ C 93, 16.4.2005.

Judgment of the Court of First Instance of 11 July 2007 —
Centeno Mediavilla and Others v Commission

(Case T-58/05) (1)

(Staff cases — Officials — Appointment — Entry into force
of the new Staff Regulations — Transitional rules on classifi-
cation of the grade on recruitment — Article 12 to Annex XIII
of the new Staff Regulations)

(2007/C 199/64)

Language of the case: French

Judgment of the Court of First Instance of 12 July 2007 —
AEPI v Commission

(Case T-229/05) (1)

(Competition — Copyright and related rights — Regulation
(EC) No 1/2003 — Obligations relating to investigation of
complaints — Absence of Community interest — Rejection)

(2007/C 199/65)

Language of the case: Greek

Parties

Isabel Clara Centeno Mediavilla (Seville, Spain);
Applicants:
(Brussels,
Delphine Fumey (Evere, Belgium); Eva Gerhards
Belgium);
Iona M. S. Hamitlon (Brussels); Raymond Hill
(Brussels); Jean Huby (Brussels); Patrick Klein (Brussels); Dome-
(London, United
(Brussels); Thomas Millar
nico Lombardi
Kingdom); Miltiadis Moraitis (Woluwe-Saint-Lambert, Belgium);
Ansa Norman Palmer (Brussels); Nicola Robinson (Brussels);
François-Xavier Rouxel (Brussels); Marta Silva Mendes (Brussels);

Parties

Applicant: AEPI Elliniki Etaireia pros Prostasian tis Pnevmatikis
Idioktisias AE (Maroussi, Greece) (represented by: T. Asproger-
akas-Grivas, lawyer)

Defendant: Commission of the European Communities (repre-
sented by: T. Christoforou and F. Castillo de la Torre, acting as
Agents)

25.8.2007

EN

Official Journal of the European Union

C 199/35

Re:

Operative part of the judgment

Application for annulment of Commission Decision SG-Greffe
(2005) D/201832 of 18 April 2005 rejecting a complaint
concerning alleged infringement of Articles 81 EC and 82 EC
by Greek organisations for collective management of rights
related to copyright in music.

Operative part of the judgment

The Court:

1. Dismisses the application;

2. orders AEPI Elliniki Etaireia pros Prostasian tis Pnevmatikis Idiok-

tisias AE to pay the costs.

(1) OJ C 205, 20.8.2005.

Judgment of the Court of First Instance of 12 July 2007 —
Evropaiki Dynamiki v Commission

(Case T-250/05) (1)

(Public service contracts — Community tendering procedure
— Provision of services for the collection, production and
in particular the
dissemination of electronic publications,
Supplement to the Official Journal of the European Union —
Rejection of a tender — Equal treatment — Obligation to
state reasons — No manifest error of assessment)

(2007/C 199/66)

Language of the case: English

The Court:

1. Dismisses the action;

2. Orders Evropaiki Dynamiki — Proigmena Systimata Tilepikino-

nion Pliroforikis kai Tilematikis AE to pay the costs.

(1) OJ C 217, 3.9.2005.

Judgment of the Court of First Instance of 12 July 2007 —
Commission v Alexiadou

(Case T-312/05) (1)

(Arbitration clause — Contract concerning a project for the
development of a new technology for producing impermeable
leathers — Reimbursement of an advance payment — Interest
— Default proceedings)

(2007/C 199/67)

Language of the case: Greek

Parties

Applicant: Commission of the European Communities (repre-
sented by: D. Triantafyllou, acting as Agent, assisted by D. Niko-
poulos, lawyer)

Defendant: Efrosyni Alexiadou (Thessalonica, Greece)

Re:

Parties

Applicant: Evropaiki Dynamiki — Proigmena Systimata Tilepiki-
nonion Pliroforikis kai Tilematikis AE (Athens, Greece) (repre-
sented by: N. Korogiannakis, lawyer)

Application brought by the Commission under Article 238 EC
with a view to securing repayment of an advance made to the
defendant in the context of a contract concerning a project for
technology for producing impermeable
the development of
leathers (contract G1ST-CT-2002-50227).

Defendant: Commission of the European Communities (repre-
sented by: M. Wilderspin and M. Šimerdová, Agents)

Operative part of the judgment

Re:

Application for annulment of the decision of the Office for Offi-
cial Publications of
the European Communities of 15 April
2005 to reject the applicant's tender in connection with the call
for tenders issued on 19 November 2004 (OJ 2004, S 226) for
the provision of services in relation to the collection, production
and dissemination of electronic publications, in particular the
Supplement to the Official Journal of the European Union, and to
award the contract to the successful tenderer.

The Court:

1. Dismisses the application;

2. orders the Commission to pay its own costs.

(1) OJ C 271, 29.10.2005.