CELEX: 62007CN0483
Language: en
Date: 2007-11-05 00:00:00
Title: Case C-483/07 P: Appeal brought on 5 November 2007 by Galileo Lebensmittel GmbH & Co KG against the order of the Court of First Instance (Second Chamber) delivered on 28 August 2007 in Case T-46/06 Galileo Lebensmittel GmbH & Co KG v Commission of the European Communities

12.1.2008   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 8/7
            
         Appeal brought on 5 November 2007 by Galileo Lebensmittel GmbH & Co KG against the order of the Court of First Instance (Second Chamber) delivered on 28 August 2007 in Case T-46/06 Galileo Lebensmittel GmbH & Co KG v Commission of the European Communities
   (Case C-483/07 P)
   (2008/C 8/13)
   Language of the case: German
   Parties
   
      Appellant: Galileo Lebensmittel GmbH & Co KG (represented by: K. Bott, lawyer)
   
      Other party to the proceedings: Commission of the European Communities
   Form of order sought by the appellant
   
               1.
            
            
               Set aside the order of the Second Chamber of the Court of First Instance of the European Communities of 28 August 2007 and
            
         
               2.
            
            
               Annul the respondent's decision to reserve the Domain galileo.eu;
            
         
               3.
            
            
               Order the respondent to pay the costs of the appeal proceedings and of the proceedings before the Court of First Instance;
            
         
               4.
            
            
               Only in the alternative to the orders sought under points 2 and 3 above, refer the case back to the Court of First Instance and order the respondent to pay the costs of the appeal proceedings.
            
         Pleas in law and main arguments
   The appellant contends in this appeal that there has been an infringement of Community law (second sentence of Article 58(1) of the Court Statute), namely the fourth paragraph of Article 230 EC. According to the appellant, the Court of First Instance committed such a legal infringement by dismissing its action as inadmissible on the basis that the appellant was not ‘individually concerned’ by the contested decision of the respondent to reserve the domain galileo.eu for itself. The appellant regards itself as individually concerned within the meaning of the case-law of the Court of Justice by the decision of the Commission to reserve the Domain galileo.eu for itself, on the ground of its rights in respect of the German word mark Galileo, on the ground of its legal standing in the registration procedure conferred on it by Commission Regulation 874/2004 and on the basis that the Domain galileo.eu is a marketable economic asset and can only be allocated once.