Case T-376/07: Action brought on 26 September 2007 — Germany v Commission
Date: 2007-12-08
Institutions: Court of First Instance
Subjects: Bavaria, European Commission, Germany, State aid, action for annulment (EU), control of State aid, regional aid

C 297/42

EN

Official Journal of the European Union

8.12.2007

Order of the Court of First Instance of 1 October 2007 —
U.S. Steel Košice v Commission

Action brought on 26 September 2007 — Germany v
Commission

(Case T-27/07) (1)

(Action for annulment — Directive 2003/87/EC — Scheme
for greenhouse gas emission allowance trading — National
allocation plan for emission allowances for Slovakia in respect
of the period from 2008 to 2012 — Commission rejection
decision — Lack of direct concern — Inadmissibility)

(Case T-376/07)

(2007/C 297/86)

Language of the case: German

(2007/C 297/85)

Language of the case: English

Parties

Applicant: Republic of Germany (represented by: M. Lumma and
J. Möller)

Parties

Defendant: Commission of the European Communities

Applicant: U.S. Steel Košice s.r.o. (Košice, Slovakia) (represented
by: E. Vermulst, Lawyer, and C. Thomas, Solicitor)

Form of order sought

Defendant: Commission of the European Communities (repre-
sented by: D. Lawunmi and U. Wölker, Agents)

Re:

— annul Commission Decision C(2007) 3226 of 18 July 2007
concerning an order to provide information in relation to
MX 19/2006 — Monitoring of State aid scheme XS 24/2002
— Financing of business start-ups and growth (‘GuW’) —
Germany and MX 9/2006 — Monitoring of State aid
scheme XS 29/2002 — Guidelines for implementing the
Bavarian regional
and
aid programme
commerce — Germany;

industry

for

Annulment of
the Commission's Decision of 29 November
2006 on the national allocation plan for the allocation of emis-
sions allowances for greenhouse gases notified by the Slovak
Republic for the period from 2008 to 2012, in accordance with
Directive 2003/87/EC of the European Parliament and of the
Council (OJ 2003 L 275, p. 32).

— order the defendant to pay the costs.

Pleas in law and main arguments

Operative part of the order

1. The action is dismissed as inadmissible.

2. U.S. Steel Košice s.r.o shall pay the costs.

(1) OJ C 69, 24.3.2007.

The applicant seeks the annulment of Commission Decision
C(2007) 3226 final of 18 July 2007 concerning an order to
provide information pursuant to Article 9 of Regulation (EC)
No 70/2001 (1) in relation to State aid schemes XS 24/2002
and XS 29/2002.

In support of its application, the applicant submits first that the
contested decision infringes Regulation (EC) No 994/98 (2). The
applicant submits in this regard that by making this request for
information, the Commission is carrying out an ex-post control
without cause. According to the applicant, that control goes
beyond the authority which Regulation No 994/98 confers on
the defendant, which provides that the Commission has the
right
it harbours doubts
concerning the proper implementation of a group exemption
regulation.

information only if

to request

8.12.2007

EN

Official Journal of the European Union

C 297/43

In addition, the applicant claims that there has been an infringe-
ment of the principle of nemini licet venire contra factum proprium
(estoppel), because several Commission documents show that
it does not have the
the Commission itself assumes that
authority to conduct an ex-post control without cause.

(1) Commission Regulation (EC) No 70/2001 of 12 January 2001 on
the application of Articles 87 and 88 of the EC Treaty to State aid to
small and medium-sized enterprises (OJ 2001 L 10, p. 33).

(2) Council Regulation (EC) No 994/98 of 7 May 1998 on the applica-
tion of Articles 92 and 93 of the Treaty establishing the European
Community to certain categories of horizontal State aid (OJ 1998
L 142, p. 1).

— order

the Commission (DIGIT)

to pay the applicant's
damages suffered on account of the tendering procedure in
question for an amount of EUR 3,5 million for lot 2.

Pleas in law and main arguments

The applicant submitted a bid in response to the defendant's
call
‘content
an
for
interoperability
eGovernment
services’ (OJ 2006/S 128-136080). The applicant contests the
decision to reject its bid and to award the contract to another
bidder.

open
tender
technologies

the
European

contract

for
for

Action brought on 24 September 2007 — Evropaïki
Dynamiki v Commission

(1) JO 2007 C 235, p. 22.

The pleas in law and main arguments relied on by the applicant
are identical
to those relied on in Case T-300/07 Evropaïki
Dynamiki v Commission (1).

(Case T-377/07)

(2007/C 297/87)

Language of the case: English

Action brought on 2 October 2007 — CNH Global v OHIM
(Figurative mark representing a tractor in red, black and
grey)

Parties

Applicant:
Systimata
Evropaïki Dynamiki — Proigmena
Tilepikoinonion Pliroforikis kai Tilematikis AE (represented by:
N. Korogiannakis, lawyer)

Defendant: Commission of the European Communities

Parties

(Case T-378/07)

(2007/C 297/88)

Language of the case: English

Form of order sought

— Annul the Commission's decision of the Direction General
for Informatics to reject the bid of the applicant — filed in
response to the open Call
for Tender ENTR/05/86 —
Content Interoperability for European eGovernment Services
(OJ S 128, 8.7.2006) communicated to the applicant by
letter dated 13 July 2007 and to award the contracts to the
successful contractor;

(repre-
Applicant: CNH Global NV (Amsterdam, Netherlands)
sented by: M. Edenborough, Barrister, and R. Harrison, Solicitor)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)

Form of order sought

— The decision of the First Board of Appeal No R 1642/2006-

1 be annulled in its entirety; and

— order the Commission (DIGIT) to pay the applicant's legal
and other costs and expenses incurred in connection with
this application, even if the current application is rejected;

— the Office pays to the applicant/appellant the costs incurred
by the applicant/appellant in connection with this appeal.