Case T-172/07: Order of the Court of First Instance of 2 June 2008 — Atlantic Dawn and Others v Commission (Action for annulment — Fishing quotas — Regulation (EC) No 2371/2002 — Lack of direct concern — Inadmissibility)
Date: 2008-06-02
Institutions: Court of First Instance
Subjects: European Commission, Ireland, action for annulment (EU), catch quota, exploitation of resources, sea fish, sustainable development

C 183/20

EN

Official Journal of the European Union

19.7.2008

Re:

ACTION brought against the decision of the Second Board of
Appeal of OHIM of 25 January 2007 (Case R 960/2006-2),
relating to opposition proceedings between Creaciones Garel,
SA, and Gabel Industria Tessile SpA.

L 15, p. 1), in so far as it fixes the total allowable catches (‘TAC’)
for 2007 in respect of the fishing of cod in the areas covered by
Council Regulation No 423/2004 of 26 February 2004 estab-
lishing measures for the recovery of cod stocks (OJ 2004 L 70,
p. 8)

Operative part of the judgment

The Court:

Operative part of the order

1. The action is dismissed as being inadmissible.

1. Annuls the decision of the Second Board of Appeal of the Office
(Trade Marks and

for Harmonisation in the Internal Market
Designs) (OHIM) of 25 January 2007 (Case R 960/2006-2).

2. Dismisses the action as to the remainder.

2. WWF-UK Ltd shall bear its own costs and pay those incurred by

the Council.

3. The Commission shall bear its own costs.

3. Orders Gabel Industria Tessile SpA and OHIM each to bear their

own costs.

(1) OJ C 117 of 26.5.2007.

(1) OJ C 117, 26.5.2007.

Order of the Court of First Instance of 2 June 2008 —
WWF-UK v Council

(Case T-91/07) (1)

(Action for annulment — Regulation (EC) No 41/2007 —
Recovery of cod stocks — Setting of the TACs for 2007 —
Measure of general application — Not affected individually —
Inadmissibility)

Order of the Court of First Instance of 2 June 2008 —
Atlantic Dawn and Others v Commission

(Case T-172/07) (1)

(Action for annulment — Fishing quotas — Regulation (EC)
No 2371/2002 — Lack of direct concern — Inadmissibility)

(2008/C 183/42)

Language of the case: English

(2008/C 183/41)

Language of the case: English

Parties

Parties

Applicant: WWF-UK (Godalming, Surrey, United Kingdom)
(represented by: M.R. Stein, Solicitor, P. Sands and J. Simor,
Barristers)

Defendant: Council of the European Union (represented by: A.
de Gregorio Merino and M. Moore, Agents)

in support of

Intervener
the
European Communities (represented by: P. Oliver and M. van
Heezik, Agents)

the defendant: Commission of

Re:

Partial annulment of Council Regulation No 41/2007 of
21 December 2006 fixing for 2007 fishing opportunities and
associated conditions for certain fish stocks and groups of fish
stocks, applicable in Community waters and, for Community
vessels, in waters where catch limitations are required (OJ 2007

Fishing Co.

Applicants: Atlantic Dawn and Others
(Killybegs, Donegal,
Ltd (Killybegs, Donegal);
Ireland); Antarctic
Atlantean Ltd (Killybegs, Donegal); Killybegs Fishing Enterprises
Ltd (Killybegs, Donegal); Doyle Fishing Co. Ltd (Killybegs,
Donegal); Western Seaboard Fishing Co.
Ltd (Killybegs,
Donegal); O'Shea Fishing Co. Ltd (Killybegs, Donegal); Aine
Fishing Co. Ltd (Burtonport, Donegal); Brendelen Ltd (Green-
castle, Donegal); Cavankee
Fishing Co. Ltd (Greencastle,
Donegal); Ocean Trawlers Ltd (Killybegs, Donegal); Eileen
Oglesby
(Killybegs,
(Burtonport, Donegal); Noel McGing
Donegal); Mullglen Ltd (Dublin, Ireland); Bradan Fishing Co. Ltd
(Sligo, Sligo,
Ireland); Larry Murphy (Castletownbere, Cork,
Ireland); Pauric Conneely (Claregalway, Galway, Ireland); Thomas
Flaherty (Kilronan, Aran Islands, Galway); Carmarose Trawling
Co. Ltd (Killybegs, Donegal); Colmcille Fishing Ltd (Killybegs,
Donegal), (represented by: G. Hogan, SC, N. Travers, T. O'Sul-
livan, BL and D. Barry, Solicitor)

Defendant: Commission of the European Communities (repre-
sented by: K. Banks, Agent)

Intervener in support of the applicants: Kingdom of Spain (repre-
sented by: N. Díaz Abad, abogado del Estado)

19.7.2008

EN

Official Journal of the European Union

C 183/21

Re:

2. Transports Schiocchet — Excursions SARL shall bear the costs.

Annulment of Commission Regulation (EC) No 147/2007 of
15 February 2007 adapting certain fish quotas from 2007 to
2012 pursuant
to Article 23(4) of Council Regulation (EC)
No 2371/2002 on the conservation and sustainable exploitation
of
the Common Fisheries Policy
(OJ 2007 L 46, p. 10)

resources under

fisheries

(1) OJ C 199 of 25.8.2007.

Operative part of the order

1. The action is dismissed as being inadmissible.

2. The applicants, Atlantic Dawn Ltd and Others, shall bear their

own costs and pay those incurred by the Commission.

3. The Kingdom of Spain shall bear its own costs.

(1) OJ C 170, 21.7.2007.

Action brought on 3 January 2008 — EMSA v Portugal

(Case T-4/08)

(2008/C 183/44)

Language in which the application has been lodged: English

Parties

Applicant: European Maritime Safety Agency (EMSA)
sented by: Professor E. Pache, and J. Menze, Agent)

(repre-

Order of the Court of First Instance of 19 May 2008 —
Transports Schiocchet — Excursions v Commission

Defendant: Republic of Portugal

(Case T-220/07) (1)

(Action for damages — Limitation period — Article 46 of the
Statute of the Court — Inadmissibility)

Form of order sought

(2008/C 183/43)

Language of the case: French

Parties

Applicant: Transports Schiocchet — Excursions SARL (Beuvillers,
France) (represented by: D. Schönberger, lawyer)

Defendant: Commission of the European Communities (repre-
sented by: J.-F. Pasquier and N. Yerrell, Agents)

Re:

Application for damages for the harm allegedly suffered by the
applicant as a result of various alleged illegal acts complained of
against the Community institutions.

Operative part of the order

1. The action is dismissed as inadmissible.

The European Maritime Safety Agency applies for a judgment of
the Court of First Instance under Article 14, sentence 2, of the
Seat Agreement establishing that:

— The Portuguese Government is bound by the provisions of
the Seat Agreement which is an instrument of public inter-
law within the sphere of Community law and
national
which cannot be modified or changed unilaterally by
Portugal, including by means of national legislation;

— according to the Seat Agreement, the Portuguese Govern-
ment is obliged to secure that staff of the European Maritime
Safety Agency and their family members have the right to
import from their last country of residence or from the
free of duty and
country of which they are nationals,
without prohibitions or restrictions,
initial
establishment, within five years of taking up their appoint-
ments with the Agency and in a maximum of two ship-
ments, vehicles purchased under market conditions in the
county in question and that the past and current application
of this provision of the Seat Agreement by the relevant
Portuguese authorities does not fulfil this obligation;

in respect of

in particular, that the Portuguese Government is obliged to
register, following application, under a special series free of
duty and without prohibitions or restrictions, vehicles of
staff members of the Agency and their families purchased
under market conditions in the country of previous resi-
dence or in the country of which they are nationals;