Case T-468/08 R: Order of the President of the Court of First Instance of 23 December 2008 — AES-Tisza v Commission (Application for interim measures — State aid — Commission decision declaring aid awarded by the Republic of Hungary to certain electricity producers through power purchase agreements to be incompatible with the common market — Application for suspension of operation — Lack of urgency — Weighing up of interests)
Date: 2008-12-23
Institutions: Court of First Instance
Subjects: European Commission, Hungary, State aid, action for annulment (EU), common market, control of State aid, electricity supply, energy production

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.

C 55/28

EN

Official Journal of the European Union

7.3.2009

Operative part of the order

1. The application for interim relief is dismissed.

2. The costs are reserved.

Infringement of Article 73 of Council Regulation 40/94 as the
Board of Appeal failed to address in a comprehensive manner
the arguments put forward by the applicant and to objectively
state the reasons on which its decision has been based; Infringe-
ment of Article 74 of Council Regulation 40/94 as the Board of
Appeal failed to restrict itself in its examination to the facts,
evidence and arguments put forward by the parties; Infringe-
ment of Article 79 of Council Regulation 40/94 since in its
assessment of the defence of abuse of rights raised by the appli-
cant the Board of Appeal failed to take into account general
principles of procedural law recognized in the Member States.

Action brought on 8 December 2008 — Tuzzi fashion v
OHIM — El Corte Inglés (Emidio Tucci)

(Case T-535/08)

(2009/C 55/52)

Language in which the application was lodged: English

Action brought on 9 December 2008 — Huvis v Council

Parties

Applicant: Tuzzi fashion GmbH (Fulda, Germany) (represented
by: R. Kunze and G. Würtenberger, lawyers)

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

Other party to the proceedings before the Board of Appeal: El Corte
Inglés, SA (Madrid, Spain)

Form of order sought

— Annul the decision of the Second Board of Appeal of the
Internal Market
Office
(Trade Marks and Designs) of 23 September 2008 in case
R 1561/2007-2; and

for Harmonisation

the

in

— Order the defendant to pay the costs.

Pleas in law and main arguments

Applicant for the Community trade mark: The other party to the
proceedings before the Board of Appeal

Community trade mark concerned: The figurative mark ‘Emidio
Tucci’, for goods in class 25

Proprietor of the mark or sign cited in the opposition proceedings: The
applicant

Mark or sign cited: German trade mark registration No 1 078 843
of the word mark ‘TUZZI’ for goods in class 25; International
trade mark registration No 496 835 with effect in Austria,
France, the Benelux countries and Poland of the word mark
‘TUZZI’
‘TUZZI
FASHION GMBH’ used in the course of trade in Germany for
clothing.

in class 25; Company name

for goods

Decision of the Opposition Division: Rejected the opposition in its
entirety

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of Article 8(1) and (4) of Council
Regulation 40/94 as the Board of Appeal wrongly assessed the
likelihood of confusion between the trade marks concerned;

(Case T-536/08)

(2009/C 55/53)

Language of the case: English

Parties

Applicant: Huvis Corporation (Seoul, Republic of Korea) (repre-
sented by: J.-F. Bellis, F. Di Gianni, R. Antonini, lawyers)

Defendant: Council of the European Union

Form of order sought

— annul Council Regulation

(EC) No

893/2008

of
10 September 2008, maintaining the anti-dumping duties
on imports of polyester staple fibres originating in Belarus,
the People's Republic of China, Saudi Arabia and Korea
following a partial interim review pursuant to Article 11(3)
of Regulation (EC) No 384/96 (1),
insofar as it does not
repeal the anti-dumping duty applicable to the applicant as
of 29 December 2006, that is, the date on which imports of
polyester staple fibres originating in Taiwan and Malaysia
were subjected to provisional anti-dumping duties, which
the Commission decided not
in its Decision
No 2007/430/EC of 19 June 2007 (2);

to collect

— order the Council to bear the costs of these proceedings.

Pleas in law and main arguments

this application the applicant, a Korean-based
By means of
company,
seeks partial annulment of Council Regulation
No 893/2008 insofar as it does not repeal the anti-dumping
duty applicable to the polyester staple fibres (PSF) manufactured
by the applicant and originating in Korea as of 29 December
2006. The applicant submits that the same treatment as was
applied in Commission Decision No 2007/430/EC to the PSF
originating in Taiwan and Malaysia should be applied to the PSF
originating in Korea. Therefore, in the applicant's view, the anti-
dumping duty should be repealed as of the same date with
respect to the PSF originating in Korea.