Case T-403/05: Judgment of the Court of First Instance of 9 September 2008 — MyTravel v Commission (Access to documents — Regulation (EC) No 1049/2001 — Refusal to grant access — Exception relating to the protection of the decision-making process — Exception relating to the protection of investigations and audits — Exception relating to the protection of legal advice — Documents relating to decisions of the Commission in the area of concentrations)
Date: 2008-09-09
Institutions: Court of First Instance
Subjects: European Commission, access to information, action for annulment (EU), document, economic concentration, merger control, provision of documents, travel agency

C 272/18

EN

Official Journal of the European Union

25.10.2008

Judgment of the Court of First Instance of 10 September
2008 — France v Commission

Judgment of the Court of First Instance of 9 September
2008 — MyTravel v Commission

(Case T-370/05) (1)

(Case T-403/05) (1)

(EAGGF — Guarantee Section — Expenditure excluded from
Community financing — Wine sector — Restructuring aid
and conversion aid — Definition of eligible area)

(2008/C 272/32)

Language of the case: French

(Access to documents — Regulation (EC) No 1049/2001 —
Refusal to grant access — Exception relating to the protection
of the decision-making process — Exception relating to the
protection of investigations and audits — Exception relating
to the protection of legal advice — Documents relating to
decisions of the Commission in the area of concentrations)

(2008/C 272/33)

Language of the case: English

Parties

Applicant: French Republic (represented:
initially by G. de
Bergues and A. Colomb, and subsequently by G. de Bergues and
A.-L. During, acting as Agents)

Parties

Defendant: Commission of the European Communities (repre-
sented by: M. Nolin, acting as Agent)

Applicant: MyTravel Group plc (Rochdale, Lancashire, United
Kingdom) (represented by: D. Pannick, QC, A. Lewis, Barrister,
M. Nicholson, S. Cardell and B. McKenna, Solicitors)

Re:

Defendant: Commission of the European Communities (repre-
sented by: P. Hellström and P. Costa de Oliveira, and subse-
quently by X. Lewis and P. Costa de Oliveira, Agents)

Action for annulment of Commission Decision 2005/579/EC of
20 July 2005 excluding from Community financing certain
expenditure incurred by the Member States under the Guarantee
Section of the European Agricultural Guidance and Guarantee
Fund (EAGGF) (OJ 2005 L 199, p. 84), inasmuch as it excludes
from Community financing certain expenditure in respect of a
correction relating to determination of the areas eligible for aid
for
the
and conversion of
2001-2003 accounting period.

restructuring

vineyards

for

Operative part of the judgment

The Court:

1. Annuls Commission Decision 2005/579/EC of 20 July 2005,
Commission Decision of 20 July 2005 excluding from Community
financing certain expenditure incurred by the Member States under
the Guarantee Section of the European Agricultural Guidance and
Guarantee Fund (EAGGF) inasmuch as it excludes from Com-
munity financing the sum of EUR 13 519 122,05 in respect of a
correction relating to determination of the areas eligible for aid for
restructuring and conversion of vineyards for
the 2001-2003
accounting period.

2. Orders the Commission to pay the costs.

Re:

for

documents

ACTION for the annulment of the Commission's decisions of
5 September 2005 (D(2005) 8461) and 12 October 2005
(D(2005) 9763), refusing to grant the applicant access to certain
Commission Decision
preparatory
2000/276/EC of 22 September 1999 declaring a concentration
to be incompatible with the common market and the EEA
Agreement (Case No IV/M. 1524 Airtours/First Choice), and to
documents drafted by the Commission services in consequence
of the annulment of that decision by judgment of the Court of
First
Instance of 6 June 2002 in Case T-342/99 [2002]
ECR II-2585.

the

Operative part of the judgment

The Court:

1. Annuls the decision of

the Commission of 5 September 2005
(D(2005) 8461) in so far as it refuses access to a working docu-
ment entitled ‘Minutes from the conversation of a member of the
case team in Case M.1524 Airtours/First Choice on the Airtours
case conducted on 24 June 2002’;

(1) OJ C 315, 10.12.2005.

2. Dismisses the action as to the remainder;

3. Orders MyTravel Group plc to bear nine-tenths of its own costs

and nine-tenths of the costs incurred by the Commission;

25.10.2008

EN

Official Journal of the European Union

C 272/19

4. Orders the Commission to bear one-tenth of its own costs and one-

tenth of the costs incurred by MyTravel Group.

Judgment of the Court of First Instance of 9 September
2008 — Bayer CropScience and Others v Commission

(1) OJ C 10, 14.1.2006.

(Case T-75/06) (1)

(Directive 91/414/EEC — Plant protection products — Endo-
sulfan as an active substance — Withdrawal of marketing
authorisations — Evaluation procedure — Time-limits —
Rights of the defence — Principle of proportionality)

Judgment of the Court of First Instance of 10 September
2008 — Astex Therapeutics v OHIM — Protec Health
International (astex TECHNOLOGY)

(Case T-48/06) (1)

Parties

(2008/C 272/35)

Language of the case: English

the Community

(Community trade mark — Opposition proceedings —
Application for
figurative mark astex
TECHNOLOGY — Earlier Community word mark ASTEX —
Ground for refusal — Likelihood of confusion — Restriction
of the goods designated in the trade mark application —
Article 8(1)(b) of Regulation No 40/94)

Applicants: Bayer CropScience AG (Monheim am Rhein,
Germany); Makhteshim-Agan
(Rotterdam,
Netherlands); Alfa Georgika Efodia AEVE (Athens, Greece); and
Aragonesas Agro, SA (Madrid, Spain) (represented by: C. Mereu
and K. Van Maldegem, lawyers)

Holding

BV

(2008/C 272/34)

Language of the case: English

Defendant: Commission of the European Communities (repre-
sented by: B. Doherty and L. Parpala, acting as Agents)

Parties

Applicant: Astex Therapeutics Ltd (Cambridge, United Kingdom)
(represented by: M. Edenborough, barrister, and R. Harrison,
solicitor)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks
Folliard-
Monguiral, acting as 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: Protec Health Interna-
tional Ltd (Cirencester, United Kingdom)

Re:

Action brought against the decision of the Second Board of
Appeal of OHIM of 29 November 2005 (Case R 651/2004-2)
concerning opposition proceedings between Protec Health Inter-
national Ltd and Astex Therapeutics Ltd.

Intervener in support of the applicants: European Crop Protection
Association
by:
D. Waelbroeck and N. Rampal, lawyers)

(represented

(Brussels,

Belgium)

(ECPA)

Intervener in support of the defendant: Kingdom of Spain (repre-
sented by: J. Rodríguez Cárcamo, abogado del Estado)

Re:

the annulment of Commission Decision
APPLICATION for
2005/864/EC of 2 December 2005 concerning the non-inclu-
sion of Endosulfan in Annex I to Council Directive 91/414/EEC
and the withdrawal of authorisations
for plant protection
products containing that active substance (OJ 2005 L 317,
p. 25)

Operative part of the judgment

The Court:

1. Dismisses the action;

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders Astex Therapeutics Ltd to pay the costs.

2. Orders Bayer CropScience AG, Makhteshim-Agan Holding BV,
Alfa Georgika Efodia AEVE and Aragonesas Agro, SA to bear
their own costs and to pay those incurred by the Commission;

3. Orders the Kingdom of Spain and the European Crop Protection

Association (ECPA) to bear their own costs.

(1) OJ C 86, 8.4.2006.

(1) OJ C 96, 22.4.2006.