Case T-113/04: Order of the Court of First Instance of 12 December 2007 — Atlantic Container Line and Others v Commission (Enforcement of a judgment of the Court of First Instance — Repayment of the costs of bank guarantees provided in order to defer payment of a fine imposed by the Commission and subsequently annulled by the Court of First Instance — Action for annulment and damages — Non-contractual liability of the Community — No direct causal link between the allegedly unlawful conduct of the institution and the damage claimed)
Date: 2007-12-12
Institutions: Court of First Instance
Subjects: European Commission, appeal to the Court (EU), competition, damages, dominant position, fine, maritime conference, maritime transport

C 64/38

EN

Official Journal of the European Union

8.3.2008

Order of the Court of First Instance of 20 December 2007
— Dascalu v Commission

Order of the Court of First Instance of 12 December 2007
— Atlantic Container Line and Others v Commission

(Case T-430/03) (1)

(Case T-113/04) (1)

(Staff cases — Officials — Interlocutory judgment — No
need to adjudicate)

(2008/C 64/61)

Language of the case: French

(Enforcement of a judgment of the Court of First Instance —
Repayment of the costs of bank guarantees provided in order
to defer payment of a fine imposed by the Commission and
subsequently annulled by the Court of First
Instance —
Action for annulment and damages — Non-contractual liabi-
lity of the Community — No direct causal link between the
allegedly unlawful conduct of the institution and the damage
claimed)

(2008/C 64/62)

Language of the case: English

Parties

Applicant: Iosif Dascalu (Kraainem, Belgium) (represented by: N.
Lhoëst, lawyer)

Parties

Defendant: Commission of the European Communities (repre-
sented by: C. Berardis-Kayser and L. Lozano Palacios, originally,
and subsequently by C. Berardis-Kayser and H. Krämer, Agents)

Re:

First, application for annulment of the Commission's decisions
of 23 December 2002 and 14 April 2003 altering the appli-
cant's classification in grade, in so far as they fix his classifica-
tion in step on recruitment in step 1 of Grade A6, and fix
5 October 1995 as the date on which the decisions were to
have pecuniary effect, and did not re-establish the applicant's
career grade and, in so far as necessary, an application for annul-
ment of the decisions rejecting the applicant's complaints and,
second, an application for compensation for the damage alleg-
edly caused by those decisions

Operative part of the order

1. There is no longer any need to adjudicate on this action.

2. The Commission shall pay all the costs.

(1) OJ C 47, 21.2.2004.

Applicants: Atlantic Container Line AB (Göteborg, Sweden);
Transportación Marítima Mexicana SA de CV (Mexico, Mexico);
Hanjin Shipping Co. Ltd (Seoul, South Korea); Hyundai
Merchant Marine Co. Ltd (Seoul); Mediterranean Shipping Co.
SA (Geneva, Switzerland); Neptune Orient Lines Ltd (Singapore,
Singapore); Orient Overseas Container Line (UK) Ltd (Suffolk,
United Kingdom); P & O Nedlloyd Container Line Ltd (London,
United Kingdom); Sea-Land Service, Inc. (Jacksonville, Florida,
United States) (represented initially by J. Pheasant, M. Levitt and
K. Nicholson, and subsequently by M. Levitt and K. Nicholson,
solicitors)

Defendant: Commission of the European Communities (repre-
sented by P. Oliver, acting as Agent)

Re:

by

fines

Commission Decision

Application, first, for annulment of the Commission letter of
6 January 2004 refusing to repay the costs of the bank guaran-
tees which the applicants entered into following the imposition
of
of
16 September 1998 relating to a proceeding pursuant to Arti-
cles 85 and 86 of the EC Treaty (now Articles 81 EC and 82 EC)
(Case No IV/35.134 — Trans Atlantic Conference Agreement)
(OJ 1999 L 95, p. 1), annulled by judgment of the Court of
First Instance of 30 September 2003 in Joined Cases T-191/98
and T-212/98 to T-214/98 Atlantic Container Line and Others v
Commission [2003] ECR II-3275, and, second, for damages
seeking repayment of the costs of the bank guarantees.

1999/243/EC

Operative part of the order

1. The action is dismissed.

8.3.2008

EN

Official Journal of the European Union

C 64/39

2. The applicants are ordered to pay the costs.

(1) OJ C 118, 30.4.2004.

Order of the Court of First Instance of 8 January 2008 —
Commission v Lior and Others

Dublin — Energy Research Group, Beneport SA, Europe Informa-
tion Service SA, Managium SPRL and Aris Hellas EPE.

2. The Commission shall bear its own costs with regard to the action
brought against Deira, Eutec, Mindshare, Società politecnica
italiana recerche e progetti, RPA, Carmen, University College
Dublin — Energy Research Group, Beneport, Europe Information
Service, Managium and Aris Hellas, and pay the costs of Deira,
Eutec, Mindshare, Società politecnica italiana recerche e progetti,
RPA, Carmen, University College Dublin — Energy Research
Group, Beneport, Europe Information Service and Managium.

3. Aris Hellas shall bear its own costs.

(Case T-245/04) (1)

(1) OJ C 213, 6.9.2003 (formerly Case C-280/03).

(Arbitration clause — Jurisdiction of
the Court of First
Instance — Action against a European Economic Interest
Grouping and its members and former members — Partial
jurisdiction)

(2008/C 64/63)

Languages of the case: French and Greek

Parties

Applicant: Commission of the European Communities (repre-
sented by: first H. Støvlbæk, Agent, and M. Bra, lawyer, then H.
Støvlbæk and M. Konstantinidis, Agents, and B. Wägenbaur,
lawyer)

Defendants: Lior GEIE (Brussels, Belgium); Lior International NV
(Hoeilaart, Belgium); Deira SA (Hoeilaart); Eutec Srl (Forli, Italy);
Mindshare BVBA (Sint-Martens-Latem, Belgium); Società politec-
nica italiana ricerche e progetti Srl (Città di Castello, Italy); RPA
Spa (Perugia, Italy); Carmen eV (Straubing, Germany); (repre-
lawyer); University College Dublin —
sented by: V. Marien,
Energy Research Group (Dublin,
(represented by: F.
lawyers); Beneport SA (Brussels);
Herbert and L. Demeyere,
Europe Information Service SA (Brussels); Managium SPRL
(Brussels)
lawyer); and Aris
Hellas EPE (Kifissia, Greece)
(represented by: K. Sakellariadis,
lawyer)

(represented by:

J.-P. Brusseleers,

Ireland)

Re:

Action pursuant to Article 238 EC seeking an order against all
the defendants jointly to repay the amounts paid by the Com-
munity in accordance with six contracts concluded in the frame-
work of the Thermie programme and one contract concluded in
the framework of the Altener II programme.

Operative part of the order

1. The action is dismissed as inadmissible in so far as it relates to
Deira SA, Eutec Srl, Mindshare BVBA, Società politecnica italiana
recherche e progetti Srl, RPA Spa, Carmen eV, University College

Order of the President of the Court of First Instance of
7 January 2008 — Pellegrini v Commission

(Case T-375/07 R)

(Interim measures — Non-contractual liability of the Commis-
sion — Commission's failure to act — Provisional payment of
damages sought in main proceedings — No prima facie case)

(2008/C 64/64)

Language of the case: Italian

Parties

Applicant: Rosario Maria Pellegrini (Genoa, Italy) (represented by:
L. Sulfaro, lawyer)

Defendant: Commission of the European Communities

Re:

Request that the Commission be ordered to pay compensation,
on a provisional basis,
the financial damage allegedly
suffered by the applicant because of the Commission's failure to
ensure full application and correct interpretation of the provi-
sions of Community law governing the activities of financial
intermediaries.

for

Operative part of the order

1. The application for interim measures is dismissed.

2. The costs are reserved.