Order of the President of the Court of First Instance of 18 June 2007 - Italy v Commission

(Case T-431/04 R)

(Interim relief - Application for interim measures - Regulation (EC) No 1429/2004 - Common organisation of the market in wine - System for the use of names of vine varieties and their synonyms - Use limited in time - Application devoid of purpose)

Language of the case: Italian

Parties

Applicant: Italian Republic (represented by: M. Fiorilli, Agent)

Defendant: Commission of the European Communities (represented initially by: E. Righini and L. Visaggio, and subsequently by F. Jimeno Fernández and E. Righini, acting as Agents)

Intervener in support of the form of order sought by the defendant: Republic of Hungary (represented initially by: P. Gottfried, and subsequently by R. Somssich and J. Stadler, Agents)

Re:

Application for interim measures seeking, principally, a stay of execution until delivery of the judgment by the Court in Joined Cases C-23/07 and C-24/07 of the provision limiting to 31 March 2007 the right to use the name 'tocai friulano', which name appears in the form of an explanatory note to Point 103 of Annex I to Commission Regulation (EC) No 1429/2004 of 9 August 2004 amending Regulation (EC) No 753/2002 laying down certain rules for applying Council Regulation (EC) No 1493/1999 as regards the description, designation, presentation and protection of certain wine sector products (OJ 2004 L 263, p. 11), and, as a subsidiary plea, a stay of execution of that provision within the territory of the Italian Republic until delivery of the judgment by the Court in Joined Cases C-23/07 and C-24/07, together with a prohibition of exports of production in the Community and without prejudice to the marketing of Hungarian-produced wine bearing the name 'tokaj' or homonyms thereof accepted for marketing in Italy and in the Community.

Operative part of the order

1.    The application for interim measures is dismissed.

2.    Costs are reserved.

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