Order of the Court of First Instance (Second Chamber) of 28 August 2007 – Galileo Lebensmittel v Commission
(Case T-46/06)
Action for annulment – Implementation of the Top Level Domain ‘eu’ – Registration of the domain name ‘galileo.eu’ – Use restricted to the institutions and bodies of the Community – Locus standi – Inadmissibility
1.Actions for annulment – Jurisdiction of the Community judicature – Direction issued to an institution – Not permissible (Arts 231 EC and 233 EC) (see paras 25-26)
2.Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them (Art. 230, fourth para., EC; Commission Regulation No 874/2004, Art. 9, second para.) (see paras 32, 44-56)
Re:
| ACTION for annulment of the Commission’s decision, pursuant to Article 9 of Commission Regulation (EC) No 874/2004 of 28 April 2004 laying down public policy rules concerning the implementation and functions of the .eu Top Level Domain and the principles governing registration (OJ 2004 L 162, p. 40), to reserve the domain name ‘galileo.eu’ for Community institutions and bodies. |
Operative part
The Court:
1. |
| Dismisses the action as inadmissible; |
2. |
| Orders Galileo Lebensmittel GmbH & Co. KG to bear its own costs and pay those incurred by the Commission. |