Case C-461/06 P: Order of the Court of 10 July 2007 — AEPI Elliniki Etaireia pros Prostasian tis Pnevmatikis Idioktisias AE v Commission of the European Communities (Appeal — Action for annulment — Refusal by the Commission to initiate proceedings for failure to fulfil obligations — Inadmissibility)
Date: 2007-12-08
Institutions: Court of Justice
Subjects: European Commission, General Court (EU), Greece, action for annulment (EU), appeal, competition law, copyright, inter-company agreement, management, music

8.12.2007

EN

Official Journal of the European Union

C 297/19

Judgment of the Court (Seventh Chamber) of 27 September
the European Communities v
2007 — Commission of

Ireland

(Case C-66/07) (1)

Other parties to the proceedings: Council of the European Union
(represented by: M. Bishop and D. Canga Fano, Agents) and
Commission of
the European Communities (represented by:
X. Lewis and J. Hottiaux, Agents)

(Failure of a Member State to fulfil obligations — Directive
2004/27/EC — Medicinal products for human use — Failure
to transpose into national law within the prescribed period)

Re:

(2007/C 297/30)

Language of the case: English

Parties

Applicant: Commission of the European Communities (repre-
sented by: B. Stromsky and D. Lawunmi, Agents)

Defendant: Ireland (represented by: D. O'Hagan, Agent)

Re:

Failure of a Member State to fulfil obligations — Failure to
adopt, within the period prescribed, the provisions necessary to
comply with Directive 2004/27/EC of the European Parliament
and of
the Council of 31 March 2004 amending Directive
2001/83/EC on the Community code relating to medicinal
products for human use (OJ 2004 L 136, p. 34)

Operative part of the judgment

The Court:

1) Declares that, by not adopting within the prescribed period the
laws, regulations and administrative provisions necessary to comply
with Directive 2004/27/EC of the European Parliament and of
the Council of 31 March 2004 amending Directive 2001/83/EC
on the Community code relating to medicinal products for human
use, Ireland has failed to fulfil its obligations under that directive;

2) Orders Ireland to pay the costs.

(1) OJ C 69, 24.3.2007.

Appeal brought against the judgment of
the Court of First
Instance (Fifth Chamber) of 30 March 2006 in Case T-367/03
Yedaș Tarim ve Otomotiv Sanayi ve Ticaret AȘ v Council of
the
European Union and Commission of the European Communities, in
which the Court of First Instance dismissed, as being unfounded,
an action seeking to recover compensation in respect of damage
allegedly suffered by the appellant as a result of the respondent
institutions' failure to comply with the obligations laid down in
the provisions governing the Customs Union between the
European Union and Turkey,
in particular the obligation to
provide financial aid for the purpose of offsetting the negative
effects of the Customs Union on the Turkish economy.

Operative part of the order

1. The appeal is dismissed.

2. Yedaș Tarim ve Otomotiv Sanayi ve Ticaret AȘ is ordered to pay

the costs.

(1) OJ C 212, 2.9.2006.

Order of the Court of 10 July 2007 — AEPI Elliniki Etaireia
v
pros

Prostasian
Commission of the European Communities

Idioktisias AE

Pnevmatikis

tis

(Case C-461/06 P) (1)

(Appeal — Action for annulment — Refusal by the
Commission to initiate proceedings for failure to fulfil obliga-
tions — Inadmissibility)

Order of the Court of 5 July 2007 — Yedaș Tarim ve
Otomotiv Sanayi ve Ticaret AȘ v Council of the European
Union, Commission of the European Communities

(Case C-255/06 P) (1)

(Appeal — International agreements — EEC-Turkey Associa-
tion Agreement — Customs Union between the European
Community and Turkey — Compensatory financial aid)

Parties

(2007/C 297/32)

Language of the case: Greek

(2007/C 297/31)

Language of the case: English

Parties

Applicant: Yedaș Tarim ve Otomotiv Sanayi ve Ticaret AȘ (repre-
sented by: R. Sinner, Lawyer)

Applicant(s): AEPI Elliniki Etaireia pros Prostasian tis Pnevmatikis
Idioktisias AE (represented by: T. Asprogerakas-Grivas, Δικη-
γόρος)

Other party to the proceedings: Commission of
the European
Communities (represented by: T. Christoforou and F. Castillo de
la Torre, Agents)

C 297/20

EN

Official Journal of the European Union

8.12.2007

Re:

Appeal against the order of the Court of First Instance (Fourth
Chamber) of 5 September 2006 in Case T-242/05 AEPI v
Commission — Inadmissibility of an application for annulment
of a decision of the Commission not to initiate proceedings
against the Hellenic Republic for a declaration of failure to fulfil
obligations

Operative part of the order

1. The appeal is dismissed.

2. AEPI Elliniki Etaireia pros Prostasian tis Pnevmatikis Idioktisias

AE shall pay the costs.

(1) OJ C 356 of 30.12.2006.

and administrative provisions relating to the application of
review procedures to the award of public supply and public
works contracts (OJ 1989 L 395, p. 33) — National case-law
recognising that an individual member of a tendering consor-
tium has the right
to bring an action against the decision
awarding the contract

Operative part of the order

Article 1 of Council Directive 89/665/EEC of 21 December 1989 on
the coordination of the laws, regulations and administrative provisions
relating to the application of review procedures to the award of public
supply and public works contracts, as amended by Council Directive
92/50/EEC of 18 June 1992 is to be interpreted as not precluding
the possibility, under national
for an individual member of a
law,
consortium without legal personality which has participated as such in
a procedure for the award of a public contract and has not been
awarded that contract to bring an action against the decision awarding
that contract.

(1) OJ C 20, 27.1.2007.

Order of the Court (Sixth Chamber) of 4 October 2007
(reference for a preliminary ruling from the Consiglio di
Stato (Italy)) — Consorzio Elisoccorso San Raffaele v
Elilombarda Srl, Azienda Ospedaliera Ospedale Niguarda
Ca' Granda di Milano

(Case C-492/06) (1)

(Public procurement — Directive 89/665/EEC — Review
procedures concerning the award of public contracts —
Persons to whom review procedures must be available —
Tender by a consortium — Right of each member of a consor-
tium to bring an action individually)

(2007/C 297/33)

Language of the case: Italian

Referring court

Consiglio di Stato

Parties

Reference for a preliminary ruling from Court of Appeal
(Civil Division) (England and Wales) made on 13 September
2007 — Meletis Apostolides v David Charles Orams, Linda
Elizabeth Orams

(Case C-420/07)

(2007/C 297/34)

Language of the case: English

Referring court

Court of Appeal (Civil Division) (England and Wales)

Parties to the main proceedings

Applicant: Meletis Apostolides

Applicant: Consorzio Elisoccorso San Raffaele

Defendants: David Charles Orams, Linda Elizabeth Orams

Defendants: Elilombarda Srl, Azienda Ospedaliera Ospedale
Niguarda Ca' Granda di Milano

Re:

Questions referred

1. In this question,

Reference for a preliminary ruling — Consiglio di Stato — Inter-
pretation of Article 1 of Council Directive 89/665/EEC of
21 December 1989 on the coordination of the laws, regulations

— the term ‘the Government-controlled area’ refers to the
area of the Republic of Cyprus over which the Govern-
ment of
the Republic of Cyprus exercises effective
control; and