Order of the General Court (Fourth Chamber) of 10 September 2014 — Zentralverband des Deutschen Bäckerhandwerks v Commission

(Case T‑354/13)

‛Action for annulment — Protected geographical indication ‘Kołocz śląski’ or Kołacz śląski’ — Rejection of the application for annulment of the registration — Act not amenable to review — Inadmissibility’

1. 

Actions for annulment — Actionable measures — Concept — Measures producing binding legal effects — Preparatory measures — Not included (Art. 263 TFEU) (see paras 25, 26)

2. 

Judicial proceedings — Decision replacing in the course of proceedings a contested decision since withdrawn — Admissibility of new pleas — Limits — Hypothetical acts not yet adopted (see para. 32)

3. 

Judicial proceedings — Admissibility of actions — Judged by reference to the situation when the application was lodged — Decision replacing in the course of proceedings a contested decision — Adaptation of initial forms of order sought and pleas in law — Not relevant to the assessment of the admissibility of the action (see paras 34-36)

Re:

APPLICATION for annulment of the alleged Commission decision contained in the letter of 8 April 2013 from the Director-General of the Agriculture and Rural Development Directorate-General of the Commission rejecting as inadmissible the applicant’s request for cancellation of the registration of the term ‘Kołocz śląski’ or ‘Kołacz śląski’ as a protected geographical indication.

Operative part

1. 

The action is dismissed as inadmissible.

2. 

Zentralverband des Deutschen Bäckhandwerks eV is ordered to pay the costs.


Order of the General Court (Fourth Chamber) of 10 September 2014 — Zentralverband des Deutschen Bäckerhandwerks v Commission

(Case T‑354/13)

‛Action for annulment — Protected geographical indication ‘Kołocz śląski’ or Kołacz śląski’ — Rejection of the application for annulment of the registration — Act not amenable to review — Inadmissibility’

1. 

Actions for annulment — Actionable measures — Concept — Measures producing binding legal effects — Preparatory measures — Not included (Art. 263 TFEU) (see paras 25, 26)

2. 

Judicial proceedings — Decision replacing in the course of proceedings a contested decision since withdrawn — Admissibility of new pleas — Limits — Hypothetical acts not yet adopted (see para. 32)

3. 

Judicial proceedings — Admissibility of actions — Judged by reference to the situation when the application was lodged — Decision replacing in the course of proceedings a contested decision — Adaptation of initial forms of order sought and pleas in law — Not relevant to the assessment of the admissibility of the action (see paras 34-36)

Re:

APPLICATION for annulment of the alleged Commission decision contained in the letter of 8 April 2013 from the Director-General of the Agriculture and Rural Development Directorate-General of the Commission rejecting as inadmissible the applicant’s request for cancellation of the registration of the term ‘Kołocz śląski’ or ‘Kołacz śląski’ as a protected geographical indication.

Operative part

1. 

The action is dismissed as inadmissible.

2. 

Zentralverband des Deutschen Bäckhandwerks eV is ordered to pay the costs.