Case T-479/07: Order of the Court of First Instance of 3 September 2008 — Nuova Agricast v Commission (Action for annulment — Access to documents — Withdrawal of the decision refusing access — Disclosure of documents against the explicit opinion of the author thereof — No need to adjudicate)
Date: 2008-09-03
Institutions: Court of First Instance
Subjects: European Commission, State aid, access to EU information, action for annulment (EU), agricultural product, document, processing industry, right to information

C 272/26

EN

Official Journal of the European Union

25.10.2008

Operative part of the judgment

The Court:

1. Dismisses the appeal;

2. Orders Mr Petrus Kerstens to pay the costs.

(1) OJ C 199, 25.8.2007.

Order of the Court of First Instance of 27 August 2008 —
Adomex International v Commission

(Case T-315/05) (1)

(Action for annulment — Aid granted by the Netherlands
authorities in the floriculture sector — Decision not to raise
concerned — Manifest
objections — Not

individually
inadmissibility)

(2008/C 272/49)

Language of the case: Dutch

Order of the Court of First Instance of 3 September 2008
— Cofra v Commission

(Case T-477/07) (1)

(Action for annulment — Access to documents — Withdrawal
of the decision refusing access — Disclosure of documents
contrary to the express opinion of their author — No need to
adjudicate)

(2008/C 272/50)

Language of the case: Italian

Parties

Applicant: Cofra srl (Bari, Italy) (represented by: A. Calabrese,
lawyer)

Defendant: Commission of the European Communities (repre-
sented by: P. Costa de Oliveira and G. Conte, acting as Agents)

Re:

Annulment of the decision of the Commission of 17 October
2007 refusing the applicant access to certain documents sent by
the Italian authorities
to the Commission in proceedings
concerning an aid scheme

Operative part of the order

1. There is no longer any need to adjudicate on the action.

2. Each party shall bear its own costs.

Parties

Applicant: Adomex International BV (Aalsmeer, Netherlands)
(represented by: G. van der Wal and T. Boesman, lawyers)

(1) OJ C 64, 8.3.2008.

Defendant: Commission of the European Communities (repre-
sented by: H. van Vliet and A. Stobiecka-Kuik, acting as Agents)

Re:

Action for annulment of Commission Decision C(2005) 592
final of 16 March 2005 not to raise objections with regard to
aid N 372/2003 concerning the floriculture sector, notified by
the Netherlands authorities

Order of the Court of First Instance of 3 September 2008
— Nuova Agricast v Commission

(Case T-479/07) (1)

(Action for annulment — Access to documents — Withdrawal
of the decision refusing access — Disclosure of documents
against the explicit opinion of the author thereof — No need
to adjudicate)

Operative part of the order

1. The action is dismissed as manifestly inadmissible.

(2008/C 272/51)

Language of the case: Italian

2. Adomex International BV is ordered to pay the costs.

Parties

(1) OJ C 281, 12.11.2005.

Applicant: Nuova Agricast
Calabrese, lawyer)

(Foggia,

Italy)

(represented by: A.

Defendant: Commission of the European Communities (repre-
sented by: P. Costa de Oliveira and G. Conte, acting as Agents)

25.10.2008

EN

Official Journal of the European Union

C 272/27

Re:

the Commission decision of
Application for annulment of
17 October 2007, which refused the applicant access to certain
documents sent to the Commission by the Italian Government
in the context of the review procedure for a State aid scheme

Pleas in law: The application for the Community mark in ques-
tion does not infringe Article 7(1)(j) of Council Regulation (EC)
No 40/94 (1) since it does not contain or consist of a false
geographic indication.

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the

Community trade mark (OJ 1994 L 11, p. 1).

Operative part of the order

1. There is no need to adjudicate on the application and on the

Kingdom of Denmark's application to intervene;

2. Each party is to bear its own costs.

(1) OJ C 64, 8.3.2008.

Action brought on 2 July 2008 — Global Digital Disc v
Commission

(Case T-259/08)

(2008/C 272/53)

Language of the case: German

Action brought on 19 June 2008 — Abadía Retuerta v
OHIM (CUVÉE PALOMAR)

(Case T-237/08)

(2008/C 272/52)

Parties

Language in which the application was lodged: Spanish

Applicant: Global Digital Disc GmbH & Co. KG (Ottendorf-
Okrilla, Germany) (represented by: D. Ehle, lawyer)

Parties

Defendant: Commission of the European Communities

Applicant: Abadía Retuerta, S.A. (Sardón de Duero, Spain) (repre-
sented by X. Fàbrega Sabaté and Curell Aguilà, lawyers)

Forms of order sought

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

Form of order sought

— Annul the decision of the First Board of Appeal of the
Office for Harmonisation in the Internal Market (OHIM) of
2 April 2008 in Case R 1185/2007-1, and

— order the defendant to pay the applicant EUR 8 025 495,25
in damages plus 8 % interest from 1 January 2008 onwards;

— declare that the defendant is under an obligation to compen-
sate the applicant for damage incurred after 1 January 2008
and in the future, plus interest;

— order the defendant to pay the costs of the proceedings.

— Order OHIM to pay the costs.

Pleas in law and main arguments

trade mark concerned: The word mark ‘CUVÉE
Community
PALOMAR’ for goods in Class 33 (Application for Registration
No 5.501.937).

Decision of the Examiner: Rejection of the application for registra-
tion.

Pleas in law and main arguments

seeks compensation for damage it

The applicant
incurred
because the Commission failed to impose provisional and defi-
nite anti-dumping duties on imports of recordable compact
discs (‘CD-R’) from the People's Republic of China, Hong Kong
and Malaysia and terminated the anti-dumping proceedings
concerning those imports by decision of 3 November 2006 (1).

Decision of the Board of Appeal: Dismissal of the appeal.

The applicant is a company based in Germany which produces
CD-Rs and DVD-Rs.