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)

(2007/C 199/73)

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