Case T-431/04 R: Order of the President of the Court of First Instance of 18 June 2007 — Italy v Commission (Interim relief — Application for interim measures — Regulation (EC) No 1429/2004 — Common organisation of the market in wine — System for the use of names of vine varieties and their synonyms — Use limited in time — Application devoid of purpose)
Date: 2007-08-25
Institutions: Court of First Instance
Subjects: European Commission, Friuli-Venezia Giulia, Italy, action for annulment (EU), designation of origin, labelling, product designation, viticulture, wine

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.