Case T-215/07 R: Order of 15 November 2007 of the Judge hearing the application for interim measures — Donnici v Parliament (Application for interim measures — Decision of the European Parliament — Verification of the credentials of elected members — Invalidation of a parliamentary mandate resulting from the application of national electoral law — Application for a suspension of operation — Admissibility — Prima facie case — Urgency — Balancing of interests)
Date: 2007-11-15
Institutions: Court of First Instance
Subjects: European Parliament, Member of the European Parliament, action for annulment (EU), elective office, powers of the institutions (EU), summary procedure

C 8/16

EN

Official Journal of the European Union

12.1.2008

Order of the President of the Court of First Instance of
9 November 2007 — Poland v Commission

Order of 15 November 2007 of the Judge hearing the appli-
cation for interim measures — Donnici v Parliament

(Case T-183/07 R) (1)

(Case T-215/07 R)

(Application for interim measures — Directive 2003/87/EC
— Scheme for greenhouse gas emission allowance trading —
National allocation plan for greenhouse gas emission allow-
ances for Poland for the period from 2008 to 2012 —
Commission decision rejecting that plan — Application for
suspension of operation — Lack of urgency)

interim measures — Decision of

(Application for
the
European Parliament — Verification of the credentials of
elected members — Invalidation of a parliamentary mandate
resulting from the application of national electoral
law —
Application for a suspension of operation — Admissibility —
Prima facie case — Urgency — Balancing of interests)

(2008/C 8/30)

Language of the case: Polish

(2008/C 8/31)

Language of the case: Italian

Parties

Parties

Applicant: Republic of Poland (represented by: T. Nowakowski,
acting as Agent)

Applicant: Beniamino Donnici (Castrolibero, Italy) (represented
by: M. Sanino, G.M. Roberti, I. Perego and P. Salvatore, lawyers)

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

Defendant: European Parliament (represented by: H. Krück, N.
Lorenz and A. Caiola, Agents)

Re:

Application to suspend the operation of Commission Decision
C(2007) 1295 final of 26 March 2007, concerning the national
allocation plan for greenhouse gas emission allowances notified
by the Republic of Poland for the period from 2008 to 2012, in
accordance with Directive 2003/87/EC of the European Parlia-
ment and of the Council of 13 October 2003, establishing a
scheme for greenhouse gas emission allowance trading within
the Community and amending Council Directive 96/61/EC
(OJ 2003 L 275, p. 32).

Operative part of the order

1. The application for interim measures is dismissed.

2. Costs are reserved.

Intervener in support of the applicant: Italian Republic (represented
by: I. Braguglia, Agent, and P. Gentili, lawyer)

Intervener in support of
Italy) (represented by: P. De Caterini and F. Paola, lawyers)

the defendant: Achille Occhetto (Rome,

Re:

Application for a suspension of the operation of the decision of
the European Parliament of 24 May 2007 on the verification of
the credentials of Beniamino Donnici [2007/2121(REG)] until
the Court has ruled on the action in the main proceedings.

Operative part of the order

1. The operation of

the European Parliament of
24 May 2007 on the verification of the credentials of Beniamino
Donnici [2007/2121(REG)] is suspended.

the decision of

(1) OJ C 155, 7.7.2007.

2. Costs are reserved.