Case T-209/06: Order of the Court of First Instance of 11 June 2008 — European Association of Im- and Exporters of Birds and live Animals and Others v Commission (Action for annulment — Admissibility — Fourth paragraph of Article 230 EC — Natural and legal persons — Associations — Decision 2006/522/EC — Individual concern — Animal health — Protection measures in relation to avian influenza)
Date: 2008-06-11
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), animal disease, bird, health control, import restriction, infectious disease, protection of animals

2.8.2008

EN

Official Journal of the European Union

C 197/23

Judgment of the Court of First Instance of 26 June 2008 —
SHS Polar Sistemas Informáticos v OHIM — Polaris
Software Lab (POLARIS)

Other party to the proceedings: Commission of
the European
Communities (represented by: C. Berardis-Kayser and D. Martin,
Agents, assisted by B. Wägenbauer, lawyer)

(Case T-79/07) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for the Community figurative mark POLARIS —
Earlier Community word mark POLAR — Relative ground for
refusal — No likelihood of confusion — Article 8(1)(b) of
Regulation (EC) No 40/94)

Re:

the judgment of

Appeal against
the European Union Civil
Service Tribunal (Second Chamber) in Case F-30/05 Sundholm v
Commission, not yet published in the ECR, seeking to have that
judgment set aside.

(2008/C 197/39)

Language of the case: English

Parties

Operative part of the judgment

The Court:

1. Dismisses the appeal;

Applicant: SHS Polar Sistemas Informáticos SL (Madrid, Spain)
(represented by: C. Hernández Hernández, lawyer)

2. Orders Asa Sundholm to bear her own costs and those incurred by

the Commission in the present proceedings.

Defendant: Office for Harmonisation in the Internal Market
Folliard-
(Trade Marks
Monguiral, Agent)

(represented by: A.

and Designs)

Other party to the proceedings before the Board of Appeal of OHIM
intervening before the Court of First Instance: Polaris Software Lab
Ltd (Chennai, India)

Re:

Action brought against the decision of the Second Board of
Appeal of OHIM of 8 January 2007 (Case R 658/2006-2)
relating to opposition proceedings between SHS Polar Sistemas
Informáticos SL and Polaris Software Lab Ltd.

Operative part of the judgment

The Court:

1. Dismisses the application;

2. Orders SHS Polar Sistemas Informáticos SL to pay the costs.

(1) OJ C 95, 28.4.2007.

Judgment of the Court of First Instance of 18 June 2008 —
Sundholm v Commission

(Case T-164/07 P) (1)

(Appeal — Staff case — Officials — Career development
report — 2003 appraisal procedure — Rights of the defence
— Appeal inadmissible — Appeal unfounded)

(2008/C 197/40)

Language of the case: French

Parties

Appellant: Asa Sundholm (Brussels, Belgium) (represented by: S.
Orlandi, A. Coolen, J.-N. Louis and E. Marchal, lawyers)

(1) OJ C 155, 7.7.2007.

Order of the Court of First Instance of 11 June 2008 —
European Association of Im- and Exporters of Birds and
live Animals and Others v Commission

(Case T-209/06) (1)

(Action for annulment — Admissibility — Fourth paragraph
of Article 230 EC — Natural and legal persons — Associa-
tions — Decision 2006/522/EC — Individual concern —
Animal health — Protection measures in relation to avian
influenza)

(2008/C 197/41)

Language of the case: Dutch

Parties

Applicants: European Association of Im- and Exporters of Birds
and live Animals (West Maas en Waal, Netherlands); Vereniging
van Im- en Exporteurs van Vogels en Hobbydieren (West Maas
en Waal, Netherlands); Willem Plomp, trading as Plomps Vogel-
handel (Woerden, Netherlands); and Marinus Borgstein, trading
as Borgstein Birds & Zoofood Trading (West Maas en Waal,
Netherlands) (represented by: J. Wouters, lawyer)

Defendant: Commission of the European Communities (repre-
sented by: F. Erlbacher and M. van Heezik, Agents)

Re:

for
of

annulment
July
25

Commission Decision
Application
2006/522/EC
amending Decisions
2005/759/EC and 2005/760/EC as regards certain protection
measures in relation to highly pathogenic avian influenza and
movements of certain live birds into the Community (OJ 2006
L 205, p. 28).

of
2006

C 197/24

EN

Official Journal of the European Union

2.8.2008

Operative part of the order

1. The action is dismissed.

2. The applicants shall pay the costs, including those relating to the

application for interim measures.

(1) OJ C 249, 14.10.2006.

4. There is no longer any need to give a decision on the application

for annulment in Case T-383/06.

5. The application for damages in Case T-383/06 is dismissed as

manifestly lacking any foundation in law.

6. In Case T-383/06, the Parliament shall bear its own costs and
pay half of the costs of Icuna.Com SCRL, including those relating
to the proceedings for interim relief. Icuna.Com shall bear half of
its own costs.

7. In Case T-71/07, Icuna.Com shall bear its own costs and pay
those incurred by the Parliament, including those relating to the
proceedings for interim relief and to the objection of inadmissibility.

Order of the Court of First Instance of 14 May 2008 —
Icuna.Com v Parliament

(1) OJ C 20, 27.1.2007.

(Joined Cases T-383/06 and T-71/07) (1)

(Actions for annulment — Actions for damages — Public
service contracts — Community tendering procedure — Rejec-
tion of a tender — Decision to annul the tendering procedure
— Action manifestly lacking any foundation in law — No
need to give a decision)

(2008/C 197/42)

Language of the case: French

Parties

Applicant: Icuna.Com SCRL (Braine-le-Château, Belgium) (repre-
sented by: J. Windey and P. De Bandt, lawyers)

Defendant: European Parliament
Rousseau and M. Ecker, Agents)

(represented by: O. Caissou-

Re:

In Case T-383/06, (i) an application for annulment of the deci-
sion of the European Parliament of 1 December 2006 rejecting
the tender submitted by the applicant in the framework of lot 2
(programme contents) of
the tender procedure EP/DGINFO/
WEBTV/2006/0003 relating to the creation and establishment
of the European Parliament web television channel and (ii) an
application for damages to compensate for the loss allegedly
suffered by the applicant following the adoption of the decision
of 1 December 2006 and, in Case T-71/07, (i) an application
for annulment of the decision of the European Parliament of
31 January 2007 annulling the tender procedure EP/DGINFO/
WEBTV/2006/0003 relating to the creation and establishment
of the European Parliament web television channel, in so far as
concerns lot 2 (programme contents), and (ii) an application for
damages to compensate for the loss allegedly suffered by the
applicant following the adoption of the decision of 31 January
2007.

Operative part of the order

1. Cases T-383/06 and T-71/07 shall be joined for the purposes of

the order.

Order of the Court of First Instance of 10 June 2008 —
Bligny v Commission

(Case T-127/07 P) (1)

(Appeal — Staff case — Open competition — Conditions
governing admission — Not admitted at the stage of correc-
tion of the written test — Competition notice — Incomplete
application — Proof of citizenship — Appeal manifestly
unfounded)

(2008/C 197/43)

Language of the case: French

Parties

Appellant: Francesco Bligny (Tassin-la-Demi-Lune, France) (repre-
sented by: P. Lebel-Nourissat, lawyer)

Other party to the proceedings: Commission of
Communities (represented by:
Agents)

the European
J. Currall and K. Herrmann,

Re:

Appeal against the order of the European Union Civil Service
Tribunal
(Second Chamber) of 15 February 2007 in Joined
Cases F-142/06 and F-142/06 AJ Bligny v Commission, not yet
published in the ECR, seeking to have that order set aside.

Operative part of the order

1. The appeal is dismissed.

2. Francesco Bligny shall bear his own costs and those incurred by the

Commission.

2. In Case T-71/07, the objection of inadmissibility shall be consid-

ered together with the substance of the case.

(1) OJ C 140, 23.6.2007.

3. The action in Case T-71/07 is dismissed as manifestly lacking any

foundation in law.