Case T-375/07 R: Order of the President of the Court of First Instance of 7 January 2008 — Pellegrini v Commission (Interim measures — Non-contractual liability of the Commission — Commission's failure to act — Provisional payment of damages sought in main proceedings — No prima facie case)
Date: 2008-01-07
Institutions: Court of First Instance
Subjects: European Commission, Italy, action for annulment (EU), financial occupation

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.