Case T-292/07 R: Order of the President of the Court of First Instance of 13 September 2007 — Berliner Institut für Vergleichende Sozialforschung v Commission (Interim measures — Failure to bring proceedings — Inadmissibility)
Date: 2007-11-24
Institutions: Court of First Instance
Subjects: European Commission, General Court (EU), admissibility, judicial proceedings, ordinance, summary procedure

C 283/28

EN

Official Journal of the European Union

24.11.2007

Order of 14 September 2007 of the Judge hearing the
application for interim measures — AWWW v Eurofound

Defendant: Commission of the European Communities (repre-
sented by: M. Nolin, Agent)

(Case T-211/07 R)

(Public procurement — Community tender procedure — Proce-
dure for interim relief — Lack of urgency)

Re:

(2007/C 283/50)

Language of the case: English

Parties

Applicant: AWWW GmbH ArbeitsWelt-Working World
(Göttingen, Germany) (represented by: B. Schreier, lawyer)

Defendant: European Foundation for the Improvement of Living
and Working Conditions
(represented by: C.
Callanan, lawyer)

(Eurofound)

Re:

Application for suspension of the operation of the decision of
Eurofound concerning contract No 2007/S 13-014125 entitled
‘Information and analysis on quality of work and employment,
industrial relations and restructuring covering the European
level’, until the Court of First Instance has given judgment in the
main action.

Operative part of the order

1. The application for interim relief is dismissed.

2. The costs are reserved.

Application for suspension of the operation of point (3) of the
Annex to Commission Regulation (EC) No 727/2007 of 26 June
2007 amending Annexes I, III, VII and X to Regulation (EC)
No 999/2001 of the European Parliament and of the Council
laying down rules for the prevention, control and eradication of
certain transmissible spongiform encephalopathies (OJ 2007
L 165, p. 8),
into Chapter A of
Annex VII to Regulation (EC) No 999/2001 of 22 May 2001
(OJ 2001 L 147, p. 1), point 2.3(b)(iii), point 2.3(d) and point 4.

in so far as it introduces,

Operative part of the order

1. The application of point (3) of the Annex to Commission Regu-
lation (EC) No 727/2007 of 26 June 2007 amending Annexes I,
III, VII and X to Regulation (EC) No 999/2001 of the European
Parliament and of the Council laying down rules for the prevention,
control and eradication of certain transmissible spongiform ence-
phalopathies is suspended until
judgment has been given in the
main action, in so far as it introduces, in Chapter A of Annex VII
to Regulation (EC) No 999/2001 of 22 May 2001,
point 2.3(b)(iii), point 2.3(d) and point 4.

2. Costs are reserved.

Order of the President of the Court of First Instance of
13 September 2007 — Berliner Institut für Vergleichende
Sozialforschung v Commission

Order of 28 September 2007 of the Judge hearing the
application for interim measures — France v Commission

(Case T-292/07 R)

(Case T-257/07 R)

(Application for interim measures — Health measures —
Regulation (EC) No 999/2001 — Eradication of certain
transmissible
spongiform encephalopathies — Regulation
(EC) No 727/2007 — Application for suspension of operation
— Prima facie case — Urgency — Balancing of interests)

(Interim measures — Failure

to bring proceedings —

Inadmissibility)

(2007/C 283/52)

Language of the case: German

(2007/C 283/51)

Language of the case: French

Parties

Parties

Applicant: Berliner Institut für Vergleichende Sozialforschung eV
(Berlin, Germany) (represented by: L. Bechtel, lawyer)

Applicant: French Republic (represented by: E. Belliard, G. de
Bergues, R. Loosli and A. During, Agents)

Defendant: Commission of the European Communities

24.11.2007

EN

Official Journal of the European Union

C 283/29

Re:

Application to suspend the operation of the debit notes bearing
the numbers 3240905385, 3240905379, 3240905378 and
3240905393 issued by
the Commission in connection
with the contracts JAI/DAP/2000/338-C, JAI/2001/DAP/161/C,
JAI/2002/DAP/094-W and JAI/2003/DAP/080-W

Operative part of the order

1. The application is inadmissible.

2. The applicant shall bear its own costs.

The applicant pleads an error of fact and incorrect interpretation
of the Commission decision. More specifically, the applicant
infers that its obligation was exclusively to plant the trees and
did not in any event involve their subsequent survival, since any
subsequent destruction of the trees could not be attributed to
the municipality. Therefore, it considers that its legal obligation
was exhausted with regard to provision of the works and it was
not possible in that connection to seek the payment of sums
from it, except where the documentation submitted did not
meet the eligibility conditions laid down by the decision.

Also, the applicant submits that the contested measure infringes
the general principle requiring reasons to be stated for measures
of the Community institutions and the general principle of the
protection of legitimate expectations.

Action brought on 24 July 2007 — Dimos Peramatos v
Commission

Action brought on 7 September 2007 — FMC Chemical
and Others v Commission

(Case T-312/07)

(2007/C 283/53)

Language of the case: Greek

(Case T-350/07)

(2007/C 283/54)

Language of the case: English

Parties

Parties

Applicant: Dimos Peramatos (Municipality of Perama, Greece)
(represented by: G. Gerapetritis and P. Petropoulos)

Defendant: Commission of the European Communities

Form of order sought

— annul the contested measure so that any obligation owed by
the applicant to refund sums paid within the framework of
the project LIFE97/ENV/GR/000380 ceases or, in the alter-
native, amend the contested measure so as to oblige the
applicant to pay EUR 93 795,32, the sum calculated to be
the ineligible expenditure, as the Commission itself has
acknowledged;

— order the Commission to pay the costs of the proceedings
and in particular the costs incurred by the applicant on
lawyers' fees.

Pleas in law and main arguments

This application seeks the annulment of the Commission deci-
sion of 7 December 2005, served by bailiff on the applicant for
the purposes of enforcement on 17 May 2007, relating to Debit
Note No 3240504536 which was issued to the Municipality of
Perama to recover the financial contribution which had been
paid by the Commission in the context of
the subsidy
granted to the Municipality of Perama by Commission Decision
C(97)/1997/29 final.

Applicants: FMC Chemical SPRL (Brussels, Belgium), Arysta Life-
sciences SAS (Nogueres, France), Belchim Crop Protection NV
(Londerzeel, Belgium), FMC Foret SA (Barcelona, Spain), F&N
Agro Slovensko s.r.o.
(Bratislava, Slovakia), F&N Agro Česká
(Prague, Czech Republic), F&N Agro Polska
republika s.r.o.
(Warsaw, Poland), FMC Corp. (Philadelphia, United States) (repre-
sented by: K. Van Maldegem, C. Mereu, lawyers)

Defendant: Commission of the European Communities

Form of order sought

— Annulment of Commission Decision 2007/416/EC;

— declare the illegality and inapplicability vis-à-vis the appli-
cants and the review of the Carbofuran dossiers of Article 20
of Commission Regulation (EC) No 1490/2002;

— order the defendant to pay all costs and expenses in these

proceedings.

Pleas in law and main arguments

The pleas in law and main arguments relied on by the applicants
are identical or similar to those relied on in Case T-326/07
Cheminova and Others v Commission.