Case T-285/07: Order of the Court of First Instance of 16 December 2008 — Italy v Parliament and Commission (Procedural step — Objection of inadmissibility — Partial inadmissibility of the action — Non-attributability of the contested measure to the Parliament)
Date: 2008-12-16
Institutions: Court of First Instance
Subjects: action for annulment (EU), civil servant, competition (EU)

C 55/26

EN

Official Journal of the European Union

7.3.2009

Order of the Court of First Instance of 16 December 2008
Software
— Gaedertz

v OHIM — Living Byte

Order of the Court of First Instance of 18 December 2008
— Thierry v Commission

(GlobalRemote)

(Case T-209/07) (1)

(Community trade mark — Application for a declaration of
invalidity — Withdrawal of the application for a declaration
of invalidity — No need to adjudicate)

(Case T-223/07 P) (1)

(Appeal — Civil service — Officials — Promotion —
2004 promotion procedure — Dismissal of an application for
a witness to be examined — Appeal manifestly inadmissible)

(2009/C 55/48)

Language of the case: French

(2009/C 55/47)

Language of the case: German

Parties

Parties

Appellant: Michel Thierry (Luxembourg, Luxembourg)
sented by: F. Frabetti, lawyer)

(repre-

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

Applicant:
Germany) (represented by: E.M. Gerstenberg, lawyer)

Johann-Christoph Gaedertz (Frankfurt am Main,

Re:

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: B. Schmidt, acting as
Agent)

Appeal brought against the order of the European Union Civil
Service Tribunal (Second Chamber) of 16 April 2007 in Case
F-82/05 Thierry v Commission, not yet published in the ECR, and
requesting that that order be set aside.

Other party to the proceedings before the Board of Appeal of OHIM
intervening before the Court of First Instance: Living Byte Software
GmbH (Munich, Germany)
(represented by: A. Freifrau von
Welser, lawyer)

Operative part of the order

1. The appeal is dismissed.

2. Mr Michel Thierry is ordered to pay his own costs as well as those
incurred by the Commission in the context of the present appeal.

Re:

Action brought against the decision of the Fourth Board of
Appeal of OHIM of 25 April 2007 (Case R 272/2005-4)
relating to invalidity proceedings between Mr Johann-Christoph
Gaedertz and Living Byte Software GmbH

(1) OJ C 199, 25.8.2007.

Operative part of the order

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

2. The applicant and the intervener are ordered to bear their own

costs.

3. The applicant is ordered to pay the defendant's costs.

Order of the Court of First Instance of 16 December 2008
— Italy v Parliament and Commission

(Case T-285/07) (1)

(Procedural step — Objection of inadmissibility — Partial
inadmissibility of the action — Non-attributability of the
contested measure to the Parliament)

(2009/C 55/49)

Language of the case: Italian

(1) OJ C 183, 4.8.2007.

Parties

Applicant: Italian Republic (represented by: I. Bruni, acting as
Agent, assisted by P. Gentili, lawyer)

7.3.2009

EN

Official Journal of the European Union

C 55/27

Defendants: European Parliament (represented by A. Lukošiūtė, R.
Ignătescu and G. Mazzini, acting as Agents) and Commission of
the European Communities (represented by: J. Currall and A.
Aresu, acting as Agents)

Intervener in support of the applicant: Hellenic Republic (repre-
sented by: S. Vodina and M. Michelogiannaki, acting as Agents)

Re:

Journal of

Annulment of Vacancy Notice No 73/07 concerning the post of
Secretary-General (grade A* 16) to the EESC, published in the
Official
the European Union on 28 December 2007
(OJ 2007 C 316 A, p. 1), and the corrigendum to that notice
published in the Official
the European Union on
Journal of
30 January 2008 (OJ 2008 C 25 A, p. 21).

Re:

Annulment of the notice of open competition EPSO/AD/95/07
to constitute a reserve pool for 20 posts of Administrator (AD5)
in the field of ‘Information Science (Library/Documentation)’,
published in the Official Journal of the European Union of 8 May
2007 (OJ 2007 C 103 A, p. 7)

Operative part of the order

Operative part of the order

1. The application is rejected as inadmissible in so far as it is directed

against the Commission.

2. The Italian Republic is ordered to pay, in addition to the costs it
incurred in the context of the present action in so far as it is
directed against
the
Commission.

the Commission,

incurred by

costs

the

1. The action is dismissed as inadmissible in so far as it is directed

against the Commission.

(1) OJ C 116, 9.5.2008.

2. The Italian Republic shall pay the costs incurred by the Commis-
sion, in addition to bearing the costs which it has itself incurred in
this action in so far as it is directed against the Commission.

(1) OJ C 116, 9.5.2008.

Order of the Court of First Instance of 16 December 2008
— Italy v EESC and Commission

(Case T-117/08) (1)

Order of the President of the Court of First Instance of
23 December 2008 — AES-Tisza v Commission

(Case T-468/08 R)

(Application for interim measures — State aid — Commission
decision declaring aid awarded by the Republic of Hungary to
certain electricity producers through power purchase agree-
ments to be incompatible with the common market — Appli-
cation for suspension of operation — Lack of urgency —
Weighing up of interests)

(Procedural issue — Objection of inadmissibility — Partial
inadmissibility of the action — Lack of imputability of acts to
the Commission)

(2009/C 55/51)

Language of the case: English

(2009/C 55/50)

Language of the case: Italian

Parties

Parties

Applicant: Italian Republic (represented by: I. Bruni, acting as
Agent, and P. Gentili, Avvocato dello Stato)

Defendants: European Economic and Social Committee (repre-
sented by M. Bermejo Garde, acting as Agent, and A. Dal Ferro,
lawyer) and Commission of the European Communities (repre-
sented by J. Currall, acting as Agent);

Intervener in support of the applicant: Kingdom of Spain (repre-
sented by F. Díez Moreno, Abogado del Estado)

Applicant: AES-Tisza Erőmű kft (AES-Tisza kft)
(Tiszaújváros,
Hungary) (represented by: T. Ottervanger and E. Henny, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: L. Flynn, N. Khan and K. Talabér-Ritz, acting as
Agents)

Re:

Application for suspension of the operation of Article 1 of
Commission Decision C(2008) 2223 final of 4 June 2008 on
the State aid awarded by the Republic of Hungary through
power purchase agreements.