Case C-6/08 P: Order of the Court of 19 June 2008 — US Steel Košice s.r.o. v Commission (Appeal — Directive 2003/87/EC — Scheme for greenhouse gas emission allowance trading — Integrated pollution prevention and control — Slovak Republic — Act of Accession — Allocation of allowances — Period 2008-2012 — Conditions — Whether directly affected — Inadmissibility)
Date: 2008-06-19
Institutions: Court of Justice
Subjects: European Commission, Slovakia, State aid, action for annulment (EU), iron and steel industry, tradeable emission permit

8.11.2008

EN

Official Journal of the European Union

C 285/13

Re:

Re:

the Court of First Instance
Appeal against the judgment of
(Second Chamber) of 12 September 2007 in Case T-140/06
Philip Morris Products v OHIM by which the Court dismissed the
action brought by the applicant against the decision of
the
Fourth Board of Appeal of OHIM of 24 February 2006
concerning its application for registration of the shape of a
packet of cigarettes as a Community trade mark — Infringement
of Articles 4 and 7(1)(b) of Council Regulation (EC) No 40/94
of 20 December 1993 on the Community trade mark (OJ 1994
L 11, p. 1) — Distinctive character of a three-dimensional shape
— Ways of embodying that shape and time at which it is to be
assessed

Appeal against the order of the Court of First Instance (Third
Chamber) of 1 October 2007 in Case T-27/07 US Steel Košice s
r.o. v Commission of the European Communities dismissing as
inadmissible an application for annulment of the Commission's
decision of 29 November 2006 concerning the national alloca-
tion plan for greenhouse gas emission allowances notified by
Slovakia for the period from 2008 to 2012 in accordance with
Directive 2003/87/EC of the European Parliament and of the
Council (OJ 2003 L 275, p. 32) — Natural or legal persons —
Acts of direct and individual concern to them — Direct concern
— Criteria

Operative part of the order

Operative part of the order

1. The appeal is dismissed.

1. The appeal is dismissed;

2. US Steel Košice s.r.o. shall pay the costs.

2. Philip Morris SA shall pay the costs.

(1) OJ C 64, 8.3.2008.

(1) OJ C 22 of 26.1.2008.

Order of the Court of 19 June 2008 — US Steel Košice
s.r.o. v Commission

(Case C-6/08 P) (1)

(Appeal — Directive 2003/87/EC — Scheme for greenhouse
gas emission allowance trading — Integrated pollution preven-
tion and control — Slovak Republic — Act of Accession —
Allocation of allowances — Period 2008-2012 — Conditions
— Whether directly affected — Inadmissibility)

(2008/C 285/21)

Language of the case: English

Order of the Court (Seventh Chamber) of 19 June 2008
(reference for a preliminary ruling from the Unabhängiger
Verwaltungssenat des Landes Oberösterreich (Austria)) —
Marc André Kurt v Bürgermeister der Stadt Wels

(Case C-104/08) (1)

(Articles 92(1) and 104(3) of the Rules of Procedure —
Fundamental freedoms — Charter of Fundamental Rights of
the European Union — Condition of diploma provided for by
the national legislation for the issue of a permit to operate a
driving school — Discrimination against own nationals as
compared to nationals of other Member States)

(2008/C 285/22)

Language of the case: German

Referring court

Parties

Unabhängiger Verwaltungssenat des Landes Oberösterreich

Appellant: US Steel Košice s.r.o. (represented by: C. Thomas, Soli-
citor, and E. Vermulst, advocaat)

Parties

Other party to the proceedings: Commission of
the European
Communities (represented by: U. Wölker and D. Lawunmi,
Agents)

Applicant: Marc André Kurt

Defendant: Bürgermeister der Stadt Wels