Case T-130/06: Order of the Court of First Instance of 25 June 2007 — Drax Power and Others v Commission (Application for annulment — Environment — Directive 2003/87/EC — Scheme for greenhouse gas emission allowance trading — Proposed amendment to national allocation plan — Refusal by the Commission — Inadmissibility)
Date: 2007-09-08
Institutions: Court of First Instance
Subjects: European Commission, United Kingdom, action for annulment (EU), air quality, electrical energy, greenhouse gas, industrial pollution, reduction of gas emissions, tradeable emission permit

8.9.2007

EN

Official Journal of the European Union

C 211/33

Judgment of the Court of First Instance (Third Chamber) of
19 July 2007 — FG Marine SA v Commission

Defendant: European Parliament (represented by: H. Krück, D.
Moore and M. Windisch, acting as Agents)

(Case T-360/04) (1)

(Non-contractual liability — Decision ordering repayment of
State aid granted by France to the company Stardust Marine
— Annulment of the decision by judgment of the Court)

Re:

(2007/C 211/63)

Language of the case: French

first
Application for
re-examination of
application for interim measures, dismissed by order of
the
President of the Court of First Instance of 16 March 2007 in
Case T-345/05 R V v Parliament, not published in the ECR.

applicant's

the

Parties

Applicant: FG Marine SA (Roissy Charles de Gaulle, France)
(represented by: M.-A. Michel, lawyer)

Operative part of the order

Defendant: Commission of the European Communities (repre-
sented by: G.Rozet and C. Giolito, Agents)

1. The application for interim measures is dismissed.

2. The costs are reserved.

Re:

Claim for compensation for loss allegedly caused by Commis-
sion Decision 2000/513/EC of 8 September 1999 on aid
granted by France to the company Stardust Marine.

Operative part of the judgment

The Court:

1. Dismisses the action as unfounded;

2. Orders the applicant to pay the costs.

(1) OJ C 262, 23.10.2004.

Order of the Court of First Instance of 25 June 2007 —
Drax Power and Others v Commission

(Case T-130/06) (1)

(Application for annulment — Environment — Directive
2003/87/EC — Scheme for greenhouse gas emission allow-
ance trading — Proposed amendment to national allocation
plan — Refusal by the Commission — Inadmissibility)

(2007/C 211/65)

Language of the case: English

Order of the President of the Court of First Instance of
27 June 2007 — V v Parliament

(Case T-345/05 R II)

(Application for interim measures — Waiver of the immunity
of a Member of the European Parliament — Application for
suspension of operation — Urgency)

Parties

(2007/C 211/64)

Language of the case: English

Parties

Applicants: Drax Power Ltd (Selby, United Kingdom); Great
Yarmouth Power Ltd (Swindon, United Kingdom); International
Power plc (London, United Kingdom); Npower Cogen Ltd
(Swindon); RWE Npower plc (Swindon); ScottishPower Genera-
tion Ltd (Glasgow, United Kingdom); and Scottish and Southern
Energy plc (Perth, United Kingdom) (represented by: I. Glick,
QC, and M. Cook, Barrister)

Applicant: V (represented by:
Barristers, and M. Monan, Solicitor)

J. Lofthouse and E. Hayes,

Defendant: Commission of the European Communities (repre-
sented by U. Wölker and X. Lewis, acting as Agents)

C 211/34

EN

Official Journal of the European Union

8.9.2007

Re:

of

for

annulment

Commission Decision
Application
C(2006) 426 final of 22 February 2006 concerning the
proposed amendment to the national allocation plan for the
allocation of greenhouse gas emission allowances notified by
the United Kingdom in accordance with Directive 2003/87/EC
of the European Parliament and of the Council

Operative part of the order

1. The application is dismissed as inadmissible.

2. The applicants are to bear their own costs and pay those incurred

by the Commission.

(1) OJ C 165, 15.7.2006.

Action brought on 31 May 2007 — KEK DIAVLOS v
Commission of the European Communities

(Case T-190/07)

(2007/C 211/66)

KSINI (1)in respect of funding under the PRINCE information
programme for Europe's citizens, together with interest, on the
ground of unjustified delay and lack of proof of completion of
the project. The applicant maintains that the decision in ques-
tion is unfounded, incorrect, improper and contains insufficient
and incorrect reasoning.

it complied fully with its obligations under

In contrast to the Commission's findings which, in the appli-
cant's view are incorrect and unjustifiable, the applicant main-
tains that
the
funding contract which it signed in order to participate in the
programme in question and that, in the cases in which delays
were recorded because of objective difficulties, the applicant
informed the competent bodies of the European Union in good
time.

The applicant also claims that KEK KSINI never received the
remainder of the amount of the funding after receipt of the
original advance of EUR 71 981, although it considers that the
work performed and the expenditure incurred in connection
with the above programme exceed that sum.

Accordingly the applicant maintains that the contested decision
should be annulled; it was issued as a result of erroneous infor-
mation given by the staff of the company to the bodies of the
European Union which carried out on-the-spot checks, since,
because of a change in the staff who were in charge of the
programme, it was not initially possible for new employees to
be fully briefed so as to gather all the required information and
give full replies directly.

Language of the case: Greek

(1) Pursuant to the amendment to the company's articles on 12 April

2006, the company KEK KSINI was renamed KEK DIAVLOS.

Parties

Applicant: KEK DIAVLOS (Peristeri, Attiki (Greece)) (represented
by: D. Khatsimikhalis, lawyer)

Defendant: Commission of the European Communities

Action brought on 26 June 2007 — Las Palmeras v Council
and Commission

Form of order sought

— annulment of Decision 23/II/2006 of the Commission of
the European Communities and any other related act and/or
decision of the Commission of the European Communities
on the grounds set out;

— an order that the Commission of the European Commu-

nities pay the costs and our lawyer's fees.

Pleas in law and main arguments

This action is brought against Decision E(2006) 465 final of the
the European Communities of 23 February
Commission of
2006 requiring the applicant
to pay the basic sum of
EUR 71 981 in repayment of the advance received by KEK

(Case T-217/07)

(2007/C 211/67)

Language of the proceedings: Spanish

Parties

Applicant: Las Palmeras S. Coop. And.
sented by: L. Ortiz Blanco, lawyer)

(Seville, Spain)

(repre-