Case T-69/08: Action brought on 12 February 2008 — Poland v Commission
Date: 2008-02-12
Institutions: Court of First Instance
Subjects: European Commission, Poland, action for annulment (EU), derogation from EU law, environmental protection, genetically modified organism

C 92/42

EN

Official Journal of the European Union

12.4.2008

the

applicant

the Commission infringed
Finally,
alleges
Article 21(4) of Regulation No 139/2004 given that
the
Spanish authorities were not obliged to communicate the condi-
tions imposed on the public bid for the purchase of Endesa, by
Enel and Acciona, to the Commission, since those conditions
sought to protect a legitimate interest, namely public security.

(1) Council Regulation (EC) No 139/2004 of 20 January 2004 on the
control of concentrations between undertakings (the EC Merger
Regulation) (OJ 2004 L 24, p. 1).

Action brought on 12 February 2008 — Poland v
Commission

(Case T-69/08)

(2008/C 92/83)

Language of the case: Polish

contested decision, and that alone, which is decisive in this
regard.

The applicant therefore puts forward the following pleas in
support of its application:

— breach

of Article 95(6)

EC,

in

conjunction with

Article 254(3) EC;

— breach of an essential procedural requirement consisting in
the obligation to notify a decision to those to whom it is
addressed within the period laid down by law and thus to
enable them to become aware of the decision's content;

— breach of the principle of legal certainty.

(1) OJ 2008 L 16, p. 17.
(2) Directive 2001/18/EC of

the
Council of 12 March 2001 on the deliberate release into the environ-
ment of genetically modified organisms and repealing Council Direc-
tive 90/220/EEC (OJ 2001 L 106, p. 1).

the European Parliament and of

Parties

Applicant: Republic of Poland (represented by: M. Dowgielewicz,
acting as Agent)

Action brought on 13 February 2008 — Promat v OHIM
— Prosima Comercial (PROSIMA PROSIMA COMERCIAL
S.A.)

(Case T-71/08)

(2008/C 92/84)

Defendant: Commission of the European Communities

Language in which the application was lodged: German

Form of order sought

Parties

— annul Commission Decision 2008/62/EC of 12 October
2007 relating to Articles 111 and 172 of the Polish Draft
Act on Genetically Modified Organisms, notified by the
Republic of Poland pursuant
the
EC Treaty as derogations from the provisions of Directive
2001/18/EC of the European Parliament and of the Council
on the deliberate release into the environment of genetically
modified organisms
(decision notified under document
number C(2007) 4697) (1);

to Article 95(5) of

— order the Commission to pay the costs.

Pleas in law and main arguments

The applicant seeks the annulment of Commission Decision
2008/62/EC of 12 October 2007 which rejects proposed
national provisions laying down a derogation from Directive
2001/18/EC (2) that were notified by the Republic of Poland
pursuant to Article 95(5) EC. The applicant states that it was
the contested decision on
notified by the Commission of
4 December 2007, that is to say after expiry of the six-month
period laid down in Article 95(6) EC, meaning that, in accord-
ance with that article, those provisions should be considered to
have been approved upon expiry of the six-month period.

The applicant submits that
the decision was
adopted on 12 October 2007 is immaterial as regards obser-
it is the date of notification of the
vance of that time-limit;

the fact

that

Applicant: Promat GmbH (Ratingen, Germany) (represented by:
S. Beckmann, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM:
Prosima Comercial SA (Barcelona, Spain)

Form of order sought

— annul the decision of the Office for Harmonisation in the

Internal Market in Case R 574/2007-2;

— order the defendant to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: Prosima Comercial SA

Community trade mark concerned: Figurative mark PROSIMA
PROSIMA COMERCIAL S.A. for goods and services in Classes 6,
7, 11, 16, 17, 20, 22, 35 to 39, 41 and 42 (Application
No 2 423 176)

Proprietor of the mark or sign cited in the opposition proceedings:
Promat GmbH