Case T-29/07: Order of the Court of First Instance of 14 May 2008 — Lactalis Gestion Lait and Lactalis Investissements v Council (Action for annulment — Directive 2006/112/EC — Repeal of the First VAT Directive — Partial annulment — Not individually concerned — Inadmissibility)
Date: 2008-05-14
Institutions: Court of First Instance
Subjects: Council of the European Union, VAT, action for annulment (EU), intra-EU trade, tax harmonisation, tax on consumption

5.7.2008

EN

Official Journal of the European Union

C 171/35

Re:

Operative part of the order

Annulment of Commission Decision C(2006) 3181 final of
6 July 2006 ending a project concerning conservation actions
in the Northern Pindos National Park (Greece) (Ellas — LIFE03
NAT/GR/000089) and ordering reimbursement of the advance
paid to the applicant in respect of the Community financial
assistance which had been granted to it in implementation of
Commission Decision C(2003) 2919 final of 4 September
2003.

1. The action is dismissed as inadmissible.

2. Mr Hans Kronberger is ordered to pay the costs, including those

incurred in the interim proceedings.

(1) OJ C 69, 24.3.2007.

Operative part of the order

1. The action is dismissed as inadmissible.

2. Etairia prostasias kai diakhirisis fisikou perivallontos kai agrias zois
‘Arktouros’ shall bear its own costs and those incurred by the
Commission.

Order of the Court of First Instance of 14 May 2008 —
Lactalis Gestion Lait and Lactalis Investissements v Council

(1) OJ C 281 of 18.11.2006.

Order of the Court of First Instance of 21 May 2008 —
Kronberger v Parliament

(Case T-18/07) (1)

(Action for annulment — Act concerning election to the
European Parliament — Time-limit for instituting proceedings
— Lack of jurisdiction of the Court — Inadmissibility)

(2008/C 171/64)

Language of the case: German

(Case T-29/07) (1)

(Action for annulment — Directive 2006/112/EC — Repeal
of the First VAT Directive — Partial annulment — Not indivi-
dually concerned — Inadmissibility)

(2008/C 171/65)

Language of the case: French

Parties

Applicant: Lactalis Gestion Lait SNC and Lactalis Investissements
SNC (Laval, France) (represented by: A. Philippart, lawyer)

Defendant: Council of the European Union (represented by: A.-
M. Colaert and M. Iosifidou, acting as Agents)

Parties

Re:

Applicant: Hans Kronberger (Vienna, Austria) (represented by: W.
Weh, lawyer)

Defendant: European Parliament (represented by: H. Krück, N.
Lorenz and M. Windisch, acting as Agents)

Re:

the decision of

Action for annulment of
the European
Parliament of 28 April 2005 rejecting as unfounded the appli-
cant's challenge relating to the election of Andreas Mölzer as a
Member of the European Parliament, submitted in accordance
with the provisions of Article 12 of the Act of 20 September
1976 concerning the election of
the
Parliament by direct universal suffrage

the representatives of

Action for annulment of Council Directive 2006/112/EC of
28 November 2006 on the common system of value added tax
(OJ 2006 L 347, p. 1) to the extent that it repeals the fourth
and eighth recitals in the preamble to and the first and third
paragraphs of Article 1 of Council Directive 67/227/EEC on the
harmonisation of legislation of Member States concerning turn-
over taxes of 11 April 1967 (OJ, English Special Edition 1967,
p. 14).

Operative part of the order

1. The action is dismissed as inadmissible.

2. There is no need to adjudicate on the applications to intervene

made by the Commission and the Kingdom of Spain.

C 171/36

EN

Official Journal of the European Union

5.7.2008

3. Lactalis Gestion Lait SNC and Lactalis Investissements SNC are

ordered to pay the costs.

Order of the Court of First Instance of 5 May 2008 —
Pathé Distribution SAS v Education, Audiovisual & Culture
Executive Agency

(1) OJ C 69, 24.3.2007.

(Case T-239/07) (1)

(Arbitration clause — Education, Audiovisual & Culture
Executive Agency — No need to adjudicate)

(2008/C 171/67)

Language of the case: French

Order of the Court of First Instance of 8 May 2008 —
Frankin and Others v Commission

(Case T-92/07 P) (1)

Parties

(Appeal — Civil Service — Officials and members of the
temporary staff — Pension — Transfer of pension rights —
inadmissible — Appeal manifestly
Appeal manifestly

unfounded)

(2008/C 171/66)

Language of the case: French

Parties

Appellants: Jacques Frankin (Sorée, Belgium) and the 482 other
officials and members of the temporary staff of the Commission
of the European Communities whose names are listed in the
annex to the judgment (represented by: F. Frabetti, lawyer)

Applicant: Pathé Distribution SAS (Paris, France) (represented by:
P. Deprez, lawyer)

Defendant: Education, Audiovisual & Culture Executive Agency
(represented by: H. Monet, agent, assisted by J.-L. Fagnart,
lawyer)

Re:

First, annulment of the decision of the Education, Audiovisual &
Culture Executive Agency of 8 May 2007 terminating contract
No 2006-09120304D1021001FD1507 and, second, an order
that the Education, Audiovisual & Culture Executive Agency
should pay to the applicant the sum of EUR 9 737 in execution
of the said contract.

Operative part of the order

1. There is no need to adjudicate on the action;

Other party to the proceedings: Commission of
the European
Communities (represented by: C. Berardis-Kayser and D. Martin,
agents)

2. The Education, Audiovisual & Culture Executive Agency is ordered

to pay the costs.

Re:

(1) OJ C 211 of 8.9.2007.

Appeal against the judgment of the Civil Service Tribunal of the
European Union (First Chamber) of 16 January 2007 in Frankin
and Others v Commission (Case F-3/06, not yet published in the
ECR) seeking the annulment of that judgment.

Operative part of the order

1. The appeal is dismissed;

Order of the Court of First Instance of 28 April 2008 —
Grohe v OHIM — Compañía Roca Radiadores (ALIRA)

(Case T-315/07) (1)

(Community trade mark — Opposition — Withdrawal of the
opposition — No need to adjudicate)

2. Mr Jacques Frankin and the 482 other officials and members of
the temporary staff of the Commission whose names are listed in
the annex to the judgment shall bear their own costs and the costs
incurred by the Commission in the context of the present instance.

(2008/C 171/68)

Language of the case: German

(1) OJ C 117 of 26.5.2007.

Parties

Applicant: Grohe AG (Hemer, Germany)
Lensing-Kramer, lawyer)

(represented by: A.