do-me/EUR-LEX huggingface dataset:
Case T-272/04: Order of the Court of First Instance of 29 June 2007 — Keppenne v Commission
Date: 2007-09-22
Institutions: Court of First Instance
Subjects: European Commission, European official, action by staff, promotion, staff assessment

22.9.2007

EN

Official Journal of the European Union

C 223/17

Order of the Court of First Instance of 29 June 2007 —
Keppenne v Commission

Order of the Court of First Instance of 9 July 2007 — Rath
v OHIM — AstraZeneca (VIXACOR)

(Case T-272/04) (1)

(2007/C 223/28)

Language of the case: French

(Case T-326/05) (1)

(2007/C 223/30)

Language of the case: German

The President of the Court of First Instance (Fifth Chamber) has
ordered that the case be removed from the register.

The President of the Court of First Instance (First Chamber) has
ordered that the case be removed from the register.

(1) OJ C 273, 6.11.2004.

(1) OJ C 281, 12.11.2005.

Order of the Court of First Instance of 29 June 2007 —
Keppenne v Commission

(Case T-411/04) (1)

(2007/C 223/29)

Language of the case: French

The President of the Court of First Instance (Fifth Chamber) has
ordered that the case be removed from the register.

(1) OJ C 300, 4.12.2004.

Order of the Court of First Instance of 12 July 2007 —
Globe v Commission

(Case T-114/06) (1)

(2007/C 223/31)

Language of the case: French

The President of the Court of First Instance (First Chamber) has
ordered that the case be removed from the register.

(1) OJ C 131, 3.6.2006.
Case C-370/07: Action brought on 3 August 2007 — Commission of the European Communities v Council of the European Union
Date: 2007-09-22
Institutions: Court of Justice
Subjects: Council of the European Union, European Commission, action for annulment (EU), animal life, international convention, international trade, plant life, protected species

22.9.2007

EN

Official Journal of the European Union

C 223/9

Action brought on 3 August 2007 — Commission of the
European Communities v Council of the European Union

Action brought on 8 August 2007 — Commission of the
European Communities v Portuguese Republic

(Case C-370/07)

(2007/C 223/11)

Language of the case: English

(Case C-382/07)

(2007/C 223/12)

Language of the case: Portuguese

Parties

Applicant: Commission of the European Communities (repre-
sented by: G. Valero Jordana and C. Zadra, Agents)

Defendant: Council of the European Union

The applicant claims that the Court should:

— annul Council Decision of 24 May 2007 establishing the
position to be adopted on behalf of the European Com-
munity with regard to certain proposals submitted to the
14th meeting of the Conference of the Parties (COP 14) to
the Convention on International Trade in Endangered
the Hague,
Species of Wild Fauna and Flora (CITES),
Netherlands 3-15 June 2007, and to order the Council to
pay costs.

— Order the Council of the European Union to pay the costs.

Parties

Applicant: Commission of the European Communities (repre-
sented by: N. Yerrell and M. Telles Romão, Agents)

Defendant: Portuguese Republic

Form of order sought

the European Parliament and of

— declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Directive
2004/51/EC (1) of
the
Council of 29 April 2004 amending Council Directive
91/440/EEC on the development of the Community's rail-
ways or, in any event, by failing to communicate them to
the Commission, the Portuguese Republic has failed to fulfil
its obligations under that directive;

Pleas in law and main arguments

— order the Portuguese Republic to pay the costs.

The Commission submits that the failure by the challenged
Council decision to refer to the precise provisions of the EC
Treaty on which it is based constitutes an infringement of essen-
tial procedural requirements, notably the obligation to state
reasons contained in Article 253.

Pleas in law and main arguments

The period prescribed for transposition of the directive into
national law expired on 31 December 2005.

(1) OJ 2004 L 164, p. 164.
Case C-298/07: Reference for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 22 June 2007 — Bundesverband der Verbraucherzentralen und Verbraucherverbände — Verbraucherzentrale Bundesverband e.V. v deutsche internet versicherung AG
Date: 2007-09-22
Institutions: Court of Justice
Subjects: disclosure of information, electronic commerce, exchange of information, interpretation of the law, means of communication, provision of services

C 223/4

EN

Official Journal of the European Union

22.9.2007

V

(Announcements)

COURT PROCEEDINGS

COURT OF JUSTICE

Reference for a preliminary ruling from the Bundesgericht-
shof (Germany) lodged on 22 June 2007 — Bundesverband
der Verbraucherzentralen und Verbraucherverbände —
deutsche
Verbraucherzentrale Bundesverband

e.V.

v

internet versicherung AG

(Case C-298/07)

(2007/C 223/03)

Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings

2. If the answer to Question 1 is negative:

(a) Is a service provider required under Article 5(1)(c) of the
directive to offer a second means of communication, in
addition to indicating his electronic mail address, prior
to entering into a contract with a user of the service?

(b) If the answer is positive: Does it suffice, for the purposes
of a second means of communication, that the service
provider installs an enquiry mask enabling the user to
consult the service provider via the Internet, the user's
enquiry then being answered by the service provider by
means of electronic mail?

(1) OJ L 178, p. 1.

Reference for a preliminary ruling from the Oberster
Gerichtshof (Austria) lodged on 26 June 2007 — PAGO
registrierte
v
International
Genossenschaft mbH

Tirolmilch

GmbH

Applicant:
und
Verbraucherverbände —Verbraucherzentrale Bundesverband e.V.

der Verbraucherzentralen

Bundesverband

Defendant: deutsche internet versicherung AG

Questions referred

the European Parliament and of

1. Is a service provider required under Article 5(1)(c) of Direc-
tive 2000/31/EC of
the
Council of 8 June 2000 on certain legal aspects of informa-
tion society services,
in
the Internal Market (1) to provide a telephone number before
entering into a contract with a user of the service, so that he
can be contacted rapidly and communicated with in a direct
and effective manner?

in particular electronic commerce,

(Case C-301/07)

(2007/C 223/04)

Language of the case: German

Referring court

Oberster Gerichtshof

Parties to the main proceedings

Applicant: PAGO International GmbH

Defendant: Tirolmilch registrierte Genossenschaft mbH
Case T-270/07: Action brought on 19 July 2007 — Devisa v Council and Commission
Date: 2007-09-22
Institutions: Court of First Instance
Subjects: Council of the European Union, European Commission, action for annulment (EU), aid system, common agricultural policy, cotton, farm income, support policy

C 223/14

EN

Official Journal of the European Union

22.9.2007

Action brought on 19 July 2007 — Devisa v Council and
Commission

Form of order sought

(Case T-270/07)

(2007/C 223/21)

Language of the case: Spanish

— to uphold the present action for damages,

in accordance
with Article 288 EC, and declare the applicant is entitled to
be financially compensated by the Council and the Commis-
sion jointly and severally in the sum total of two million six
hundred and sixty-one thousand four hundred and twenty-
seven euros (EUR 2 661 427);

— order the defendants to pay the costs.

Parties

Pleas in law and main arguments

Applicant: Nueva Desmotadora Sevillana, SA (Sevilla, Spain)
(represented by: L. Ortiz Blanco, lawyer)

The pleas in law and the main arguments are the same as those
raised in Case T-217/07 Las Palmeras v Council and Commission.

Defendants: Council of the European Union and Commission of
the European Communities

Form of order sought

— to uphold the present action for damages,

in accordance
with Article 288 EC, and declare the applicant is entitled to
be financially compensated by the Council and the Commis-
sion jointly and severally in the sum total of two million
three hundred and eighty-five thousand five hundred and
seventy-one euros (EUR 2 385 571);

— order the defendants to pay the costs.

Action brought on 19 July 2007 — Surcotton v Council and
Commission

(Case T-272/07)

(2007/C 223/23)

Language of the case: Spanish

Pleas in law and main arguments

The pleas in law and the main arguments are the same as those
raised in Case T-217/07 Las Palmeras v Council and Commission.

Parties

Applicant: Surcotton, SA (Cordoba, Spain)
Ortiz Blanco, lawyer)

(represented by: L.

Defendants: Council of the European Union and Commission of
the European Communities

Action brought on 19 July 2007 — Eurosemillas v Council
and Commission

Form of order sought

(Case T-271/07)

(2007/C 223/22)

Language of the case: Spanish

— to uphold the present action for damages,

in accordance
with Article 288 EC, and declare the applicant is entitled to
be financially compensated by the Council and the Commis-
sion jointly and severally in the sum total of one million
seven hundred and thirty-four thousand and twenty-seven
euros (EUR 1 734 027);

— order the defendants to pay the costs.

Parties

Pleas in law and main arguments

Applicant: Eurosemillas, SA (Cordoba, Spain) (represented by: L.
Ortiz Blanco, lawyer)

The pleas in law and the main arguments are the same as those
raised in Case T-217/07 Las Palmeras v Council and Commission.

Defendants: Council of the European Union and Commission of
the European Communities
Case T-114/06: Order of the Court of First Instance of 12 July 2007 — Globe v Commission
Date: 2007-09-22
Institutions: Court of First Instance
Subjects: Central Asia, European Commission, action for annulment (EU), award of contract, energy distribution, energy grid, information system, invitation to tender

22.9.2007

EN

Official Journal of the European Union

C 223/17

Order of the Court of First Instance of 29 June 2007 —
Keppenne v Commission

Order of the Court of First Instance of 9 July 2007 — Rath
v OHIM — AstraZeneca (VIXACOR)

(Case T-272/04) (1)

(2007/C 223/28)

Language of the case: French

(Case T-326/05) (1)

(2007/C 223/30)

Language of the case: German

The President of the Court of First Instance (Fifth Chamber) has
ordered that the case be removed from the register.

The President of the Court of First Instance (First Chamber) has
ordered that the case be removed from the register.

(1) OJ C 273, 6.11.2004.

(1) OJ C 281, 12.11.2005.

Order of the Court of First Instance of 29 June 2007 —
Keppenne v Commission

(Case T-411/04) (1)

(2007/C 223/29)

Language of the case: French

The President of the Court of First Instance (Fifth Chamber) has
ordered that the case be removed from the register.

(1) OJ C 300, 4.12.2004.

Order of the Court of First Instance of 12 July 2007 —
Globe v Commission

(Case T-114/06) (1)

(2007/C 223/31)

Language of the case: French

The President of the Court of First Instance (First Chamber) has
ordered that the case be removed from the register.

(1) OJ C 131, 3.6.2006.
Case T-287/07: Action brought on 25 July 2007 — cApStAn v Commission
Date: 2007-09-22
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), invitation to tender, provision of services, public contract

C 223/16

EN

Official Journal of the European Union

22.9.2007

Action brought on 25 July 2007 — cApStAn v
Commission

Appeal brought on 3 August 2007 by Alessandro Lofaro
against the order of the Civil Service Tribunal delivered on
24 May 2007 in Joined Cases F-27/06 and F-75/06, Lofaro
v Commission

(Case T-287/07)

(2007/C 223/26)

Language of the case: French

(Case T-293/07 P)

(2007/C 223/27)

Language of the case: French

Parties

Applicant: cApStAn Sprl (Brussels, Belgium) (represented by: J.
Bublot, lawyer)

Parties

Defendant: Commission of the European Communities

Form of order sought

Appellant: Alessandro Lofaro (Lisbon, Portugal) (represented by:
J.-L. Laffineur, lawyer)

Other party to the proceedings: Commission of
Communities

the European

— Annulment of the Commission's rejection decision.

Form of order sought by the appellant

Pleas in law and main arguments

ingly,

— declare the appeal admissible and well founded and, accord-

the applicant seeks the annulment of

the
By this action,
Commission's decision of 22 May 2007 rejecting its tender
submitted in connection with the tendering procedure ‘Post-
editing services PER 2007’ (1) on account of an absence of
evidence of relevant experience.

— set aside the order of the Civil Service Tribunal
F-27/06 and 75/06 delivered on 24 May 2007;

in Cases

— rule on the merits and uphold the appellant's original appli-

cation.

In support of its application for annulment of the contested
decision, the applicant claims that the Commission erred mani-
festly in its reading of its application because the call for tenders
related precisely to its area of activity, which the applicant
claims to have stated in its tender. The applicant also states that
it had already secured a public contract in that area from the
Commission and that the services provided on that occasion
were never called in question.

In addition, the applicant claims that the contested decision is
based on manifestly incorrect
that error
amounts to a lack of reasoning.

reasons and that

(1) OJ 2007/S 21-023949.

Pleas in law and main arguments

In his appeal, the appellant claims that the Civil Service Tribunal
erred in law in its interpretation of Article 90(2) of the Staff
Regulations and, in particular, as regards the period laid down
for lodging the complaint and the date to be taken into account
for the expiry of that period. The appellant claims that the
Tribunal's interpretation prejudices general principles of Com-
munity law, such as the principle of
legal certainty, of non-
discrimination and of proportionality, as well as the rights of
the appellant. He further submits that the Tribunal did not
respond to all the pleas put forward by him in his actions and
that, accordingly, the order is vitiated by a defective statement of
reasons which is inadequate and incorrect.
Initiation of proceedings (Case COMP/M.4781 — Norddeutsche Affinerie/Cumerio) Text with EEA relevance
Date: 2007-09-22
Institutions: European Commission
Subjects: copper, economic concentration, exchange of information, merger control, metallurgical industry

22.9.2007

EN

Official Journal of the European Union

C 222/1

II

(Information)

INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES

COMMISSION

Initiation of proceedings

(Case COMP/M.4781 — Norddeutsche Affinerie/Cumerio)

(Text with EEA relevance)

(2007/C 222/01)

On 18 September 2007, the Commission decided to initiate proceedings in the above-mentioned case after
finding that the notified concentration raises serious doubts as to its compatibility with the common
market. The initiation of proceedings opens a second phase investigation with regard to the notified concen-
tration, and is without prejudice to the final decision on the case. The decision is based on Article 6(1)(c) of
Council Regulation (EC) No 139/2004.

The Commission invites interested third parties to submit their observations on the proposed concentration
to the Commission.

In order to be fully taken into account in the procedure, observations should reach the Commission not
later than 15 days following the date of this publication. Observations can be sent to the Commission by
fax ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4781 — Norddeutsche
Affinerie/Cumerio, to the following address:
Commission of the European Communities
Competition DG
Merger Registry
Rue Joseph II/Jozef II-straat 70
B-1000 Brussels
Case T-411/04: Order of the Court of First Instance of 29 June 2007 — Keppenne v Commission
Date: 2007-09-22
Institutions: Court of First Instance
Subjects: European Commission, European official, action by staff, promotion, staff assessment

22.9.2007

EN

Official Journal of the European Union

C 223/17

Order of the Court of First Instance of 29 June 2007 —
Keppenne v Commission

Order of the Court of First Instance of 9 July 2007 — Rath
v OHIM — AstraZeneca (VIXACOR)

(Case T-272/04) (1)

(2007/C 223/28)

Language of the case: French

(Case T-326/05) (1)

(2007/C 223/30)

Language of the case: German

The President of the Court of First Instance (Fifth Chamber) has
ordered that the case be removed from the register.

The President of the Court of First Instance (First Chamber) has
ordered that the case be removed from the register.

(1) OJ C 273, 6.11.2004.

(1) OJ C 281, 12.11.2005.

Order of the Court of First Instance of 29 June 2007 —
Keppenne v Commission

(Case T-411/04) (1)

(2007/C 223/29)

Language of the case: French

The President of the Court of First Instance (Fifth Chamber) has
ordered that the case be removed from the register.

(1) OJ C 300, 4.12.2004.

Order of the Court of First Instance of 12 July 2007 —
Globe v Commission

(Case T-114/06) (1)

(2007/C 223/31)

Language of the case: French

The President of the Court of First Instance (First Chamber) has
ordered that the case be removed from the register.

(1) OJ C 131, 3.6.2006.