Case T-350/07 R: Order of the President of the Court of First Instance of 11 December 2007 — FMC Chemical and Others v Commission (Application for interim relief — Directive 91/414/EEC — Application for suspension of operation of a measure — Admissibility — No urgency)
Date: 2007-12-11
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), dangerous substance, marketing restriction, pharmaceutical product, plant health legislation, plant health product

9.2.2008

EN

Official Journal of the European Union

C 37/23

Order of the President of the Court of First Instance of
11 October 2007 — MB Immobilien v Commission

Defendant: Commission of the European Communities (repre-
sented by: L. Parpala and B. Doherty, Agents)

(Case T-120/07 R)

(Interim measures — State Aid to the new Länder — Obliga-
tion to recover aid — Application for suspension of operation
of a measure — Urgency — Weighing up of interests)

(2008/C 37/34)

Language of the case: German

Re:

Application for suspension of
the operation of Commission
Decision 2007/415/EC of 13 June 2007 concerning the
non-inclusion of carbosulfan in Annex I to Council Directive
91/414/EEC and the withdrawal of authorisations for plant
protection products containing that substance (OJ 2007 L 156,
p. 28) pending the full resolution of the dispute in the main
proceedings

Parties

Applicant: MB Immobilien Verwaltungs GmbH (Neukirch,
Germany) (represented by: G. Brüggen, lawyer)

Operative part of the order

1. The application for interim measures is dismissed.

Defendant: Commission of the European Communities (repre-
sented by: K. Gross and T. Scharf, Agents)

2. Costs are reserved.

Re:

Application for suspension of operation of Commission Deci-
sion 2007/492/EC of 24 January 2007 on State Aid
No C 38/2005 (ex NN 52/2004) implemented by Germany for
the Biria-Gruppe (OJ 2007 L 183, p. 27)

Operative part of the order

1. The application for interim measures is dismissed.

2. The costs are reserved.

Order of the President of the Court of First Instance of
11 December 2007 — FMC Chemical and Others v
Commission

(Case T-350/07 R)

(Application for interim relief — Directive 91/414/EEC —
Application for suspension of operation of a measure —
Admissibility — No urgency)

(2008/C 37/36)

Language of the case: English

Order of the President of the Court of First Instance of
11 December 2007 — FMC Chemical and Others v
Commission

Parties

(Case T-349/07 R)

(Application for interim relief — Directive 91/414/EEC —
Application for suspension of operation of a measure —
Admissibility — No urgency)

(2008/C 37/35)

Language of the case: English

Applicants: FMC Chemical SPRL (Brussels, Belgium), Arysta Life-
science SAS (Noguères, France), Belchim Crop Protection NV
(Londerzeel, Belgium), FMC Foret, SA (Sant Cugat de Valles,
Spain), F&N Agro Slovensko spol. s.r.o.
(Bratislava, Slovakia),
F&N Agro Ceská republika spol. s.r.o. (Prague, Czech Republic),
F&N Agro Polska sp. z o.o. (Warsaw, Poland) and FMC Corp.
(Philadelphia, Pennsylvania, United States)
(represented by: C.
Mereu and K. Van Maldegem, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: L. Parpala and B. Doherty, Agents)

Parties

Re:

Applicants: FMC Chemical SPRL (Brussels, Belgium), Satec
Handelsgesellschaft mbH (Elmshorn, Germany), Belchim Crop
Protection NV (Londerzeel, Belgium), FMC Foret, SA (Sant Cugat
de Valles, Spain), F&N Agro Slovensko spol. s.r.o. (Bratislava,
Slovakia), F&N Agro Ceská republika spol. s.r.o. (Prague, Czech
Republic), F&N Agro Polska sp. z o.o. (Warsaw, Poland) and
FMC Corp.
(repre-
sented by: C. Mereu and K. Van Maldegem, lawyers)

(Philadelphia, Pennsylvania, United States)

Application for suspension of
the operation of Commission
Decision 2007/416/EC of 13 June 2007 concerning the
non-inclusion of carbofuran in Annex I to Council Directive
91/414/EEC and the withdrawal of authorisations for plant
protection products containing that substance (OJ 2007 L 156,
p. 30) pending the full resolution of the dispute in the main
proceedings

C 37/24

EN

Official Journal of the European Union

9.2.2008

Operative part of the order

1. The application for interim measures is dismissed.

2. Costs are reserved.

Action brought on 27 November 2007 — BP Aromatics v
Commission

(Case T-429/07)

(2008/C 37/37)

Language of the case: English

Parties

Applicant: BP Aromatics Ltd (Sunbury on Thames, United
Kingdom) (represented by: A. Renshaw and G. Bushell, Solici-
tors)

Defendant: Commission of the European Communities

Form of order sought

— Annul the contested decision;

— order the defendant and any interveners granted leave to
intervene in the proceedings to pay the costs of the proceed-
ings; and

wide when it is, according to the applicant, an EEA-wide
market; and

— committed a manifest error of assessment in concluding that
the relevant share of sales of Artensa will be below 25 %
when in fact it will exceed 25 % on an EEA-wide basis.

The applicant alleges that if the Commission had conducted a
detailed and proper investigation of the EEA market for purified
terephthalic acid, it would have had serious difficulties in deter-
mining whether the aid is compatible with the common market
which would have made it necessary to open the formal investi-
gation procedure pursuant to Article 88(2) EC.

According to the applicant, the fact that the Commission had
serious difficulties in assessing the aid during its preliminary
investigation and that it should, accordingly, have initiated the
formal procedure pursuant to Article 88(2) EC is corroborated
by the length of time elapsed between the notification from the
Portuguese authorities and the adoption of the contested deci-
sion.

The applicant further contends that its procedural rights were
infringed as the Commission did not, as it should have, open a
formal investigation under Article 88(2) EC.

Finally, the applicant claims that the Commission infringed its
obligation to state reasons in accordance with Article 253 EC.

(1) Communication from the Commission — Multisectoral framework
on regional aid for large investment projects (notified under docu-
ment No C(2002) 315) (OJ 2002 C 70, p. 8).

— take any other actions that the Court considers to be appro-

priate.

Action brought on 26 November 2007 — Gebr. Heller
Maschinenfabrik v OHIM — Fernández Martinez (HELLER)

Pleas in law and main arguments

The applicant seeks the annulment of Commission Decision
C(2007) 3202 final of 10 July 2007 by which the Commission
found State aid notified by the Portuguese authorities in favour
of Artensa (Artenius) for the construction of a new plant for the
production of chemical products to be compatible with the
common market pursuant to Article 87(3)(a) EC.

In support of its application, the applicant submits that the
Commission infringed Articles 87 EC and 88 EC, the rules
relating to their application, certain essential procedural require-
ments and a number of principles of Community law, in that
the Commission:

— misconstrued and misapplied the multisectoral framework
on regional aid for large investment projects 2002 (1), which
requires an analysis based on the EEA market and not on a
worldwide market;

(Case T-431/07)

(2008/C 37/38)

Language in which the application was lodged: German

Parties

Applicant: Gebr. Heller Maschinenfabrik (Nürtingen, Germany)
(represented by: W. Kessler and S. Baur, lawyers)

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

— committed a manifest error of assessment in concluding that
the relevant market for purified terephthalic acid is world-

Other party to the proceedings before the Board of Appeal of OHIM:
Manuel Fernández Martinez (Alicante, Spain)