Judgment of the Court of First Instance 6 December 2001 in Case T-196/99: Area Cova SA e.a. v Council of the European Union and Commission of the European Communities (Action for compensation — Non-contractual liability — Fisheries — Conservation of marine resources — Convention on Future Multilateral Cooperation in the North-West Atlantic Fisheries — Greenland halibut — Catch quota allocated to the Community fleet)
Date: 2002-04-06
Institutions: Court of First Instance
Subjects: European Commission, North-West Atlantic Fisheries Organisation, appeal to the Court (EU), authorised catch, sea fish

C 84/56

EN

Official Journal of the European Communities

6.4.2002

2.

For the rest, dismisses the application;

JUDGMENT OF THE COURT OF FIRST INSTANCE

3. Orders Compan˜ ı´a Espan˜ ola para la Fabricacio´n de Aceros
Inoxidables SA to bear its own costs and to pay two-thirds of
the Commission’s costs and orders the Commission to bear one-
third of its own costs.

(1) OJ C 137 of 2.5.1998.

JUDGMENT OF THE COURT OF FIRST INSTANCE

11 December 2001

in Case T-191/99: David Petrie and Others v Commission
of the European Communities (1)

(Transparency — Public access to documents — Commission
Decision 94/90/ECSC, EC, Euratom — Proceedings for
failure to fulfil obligations — Formal notice — Reasoned
opinion — Exception relating to protection of the public
interest — Inspections and investigations — Court proceed-
ings — Authorship rule — Direct effect of Article 255 EC)

(2002/C 84/103)

(Language of the case: Italian)

In Case T-191/99, David Petrie, Victoria Jane Primhak and
David Verzoni, residing respectively in Verona, Naples and
Bologna (Italy), Associazione lettori di lingua straniera in Italia,
incorporating Committee for the Defence of Foreign Lecturers
(ALLSI/CDFL), established in Verona, represented by L. Picotti
and C. Medernach, avocats, with an address for service in
Luxembourg, v Commission of the European Communities,
represented by P. Stancanelli and U. Wölker, acting as Agents,
with an address for service in Luxembourg: application for the
annulment of the Commission decision of 20 July 1999
refusing access to documents relating to Infringement Pro-
cedure No 96/2208 brought under Article 226 EC against the
foreign-
Italian Republic and concerning the situation of
language lecturers employed in Italian universities, the Court
of First Instance (Fourth Chamber, Extended Composition),
composed of: P. Mengozzi, President, R. Garcı´a-Valdecasas,
V. Tiili, R.M. Moura Ramos and J.D. Cooke, Judges, Registrar:
J. Palacio Gonza´lez, Administrator, has given a judgment on
11 December 2001, in which it has ruled:

1. Dismisses the action;

2. Orders the applicants to pay the defendant’s costs in addition

to their own costs.

(1) OJ C 314 of 30.10.1999.

6 December 2001

in Case T-196/99: Area Cova SA e.a. v Council of the
European Union and Commission of the European Com-
munities (1)

(Action for compensation — Non-contractual liability —
Fisheries — Conservation of marine resources — Convention
on Future Multilateral Cooperation in the North-West Atlan-
tic Fisheries — Greenland halibut — Catch quota allocated
to the Community fleet)

(2002/C 84/104)

(Language of the case: Spanish)

In Case T-196/99, Area Cova, SA, established in Vigo (Spain),
Armadora José Pereira, SA, established in Vigo, Armadores
Pesqueros de Alda´n, SA, established in Vigo, Centropesca, SA,
established in Vigo, Chymar, SA, established in Vigo, Eloymar,
SA, established in Estribela (Spain), Exfaumar, SA, established
in Bueu (Spain), Farpespan, SL, established in Moan˜ a (Spain),
Freiremar, SA, established in Vigo, Hermanos Gando´ n, SA,
established in Cangas (Spain), Heroya, SA, established in Vigo,
Hiopesca, SA, established in Vigo, José Pereira e Hijos, SA,
established in Vigo, Juana Oya Pérez, residing in Vigo, Manuel
Nores Gonza´lez, residing in Marı´n (Spain), Moradin˜ a, SA,
established in Cangas, Navales Cerdeiras, SL, established in
Camarin˜ as (Spain), Nugago Pesca, SA, established in Bueu,
Pesquera Austral, SA, established in Vigo, Pescaberbés, SA,
established in Vigo, Pesquerı´as Bı´garo Narval, SA, established
in Vigo, Pesquera Cı´es, SA, established in Vigo, Pesca Herculina,
SA, established in Vigo, Pesquera Inter, SA, established in
Cangas, Pesquerı´as Marinenses, SA, established in Marı´n,
Pesquerı´as Tara, SA, established in Cangas, Pesquera Vaqueiro,
SA, established in Vigo, Sotelo Dios, SA, established in Vigo,
represented by A. Creus Carreras and A. Agustinoy Guilayn,
lawyers, v Council of the European Union, represented by
R. Gosalbo Bono, J. Carbery and M. Sims, acting as Agents,
and Commission of the European Communities, represented
by T. Van Rijn and J. Guerra Fernandez, acting as Agents,
with an address for service in Luxembourg: Application for
compensation pursuant to Article 235 EC and the second
paragraph of Article 288 EC in respect of loss suffered by the
applicants as a result of (1) the acceptance by the Commission
and the Council of a total allowable catch for 1995 of
27 000 tonnes of Greenland halibut in the Regulatory Area
defined in the Convention on Future Multilateral Cooperation
in the North West Atlantic Fisheries and (2) the conclusion of
a bilateral agreement between the Community and Canada
and the adoption of Council Regulation (EC) No 1761/95 of
29 June 1995 amending, for the second time, Regulation (EC)
No 3366/94 laying down for 1995 certain conservation and
management measures for fishery resources in the Regulatory
Area as defined in the Convention on Future Multilateral
Cooperation in the North-west Atlantic Fisheries (OJ 1995
L 171, p. 1) establishing, with effect from 16 April 1995, a
quota of 5 013 tonnes of Greenland halibut for Community

6.4.2002

EN

Official Journal of the European Communities

C 84/57

vessels, the Court of First Instance of the European Communi-
ties (Third Chamber), composed of: J. Azizi, President, K. Le-
naerts and M. Jaeger, Judges, Registrar: J. Palacio Gonza´lez,
Administrator, has given a judgment on 6 December 2001, in
which it:

2. Orders the Commission to bear its own costs and to pay one

half of the applicant’s costs.

(1) OJ C 211 of 22.7.2000.

1. Dismisses the action;

2. Orders the applicants to pay the costs.

(1) OJ C 333 of 20.11.1999.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 4 December 2001

in Case T-125/00: Joaquı´n Lo´ pez Madruga v Commission
of the European Communities (1)

(Officials — Transfer of part of remuneration in the
currency of a Member State other than that of the country
in which the institution has its seat — Article 17(2)(a) and
(b) of Annex VII to the Staff Regulations — Combined
application)

(2002/C 84/105)

(Language of the case: Spanish)

In Case T-125/00: Joaquı´n Lo´ pez Madruga, an official of
the Commission of the European Communities, residing in
Brussels, represented by J.R. Iturriagagoitia, lawyer, with an
address for service in Luxembourg, v Commission of the
European Communities (Agents: J. Currall, J. Rivas Andres and
J.J. Guttierrez Gisbert) — application for partial annulment of
the decision implicitly rejecting the applicant’s request of
12 October 1999 for the transfer of part of his remuneration
under Article 17 of Annex VII to the Staff Regulations — the
Court of First Instance (Single Judge: A.W.H. Meij); H. Jung,
Registrar, has given a judgment on 4 December 2001, in
which it:

1. Annuls the implicit decision of the Commission of 23 March
2000 in so far as it limits to 19 % of the applicant’s net
monthly remuneration the amount which he may transfer
pursuant
to the Staff
Regulations;

to Article 17(2)(b) of Annex VII

JUDGMENT OF THE COURT OF FIRST INSTANCE

11 December 2001

in Case T-138/00: Erpo Möbelwerk GmbH v Office for
Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) (1)

(Community trade mark — ‘DAS PRINZIP DER BEQUEM-
refusal —
LICHKEIT’ — Absolute

grounds

for

Article 7(1)(b) and (c) of Regulation (EC) No 40/94)

(2002/C 84/106)

(Language of the case: German)

In Case T-138/00, Erpo Möbelwerk GmbH, established in
Ertingen (Germany), represented by S. von Petersdorff-Camp-
en, Rechtsanwalt, with an address for service in Luxembourg,
v Office for Harmonisation in the Internal Market (Trade Marks
and Designs) (OHIM), represented by F. Lo´ pez de Rego and
G. Schneider, acting as Agents, with an address for service in
Luxembourg: action brought against the decision of the Third
Board of Appeal of the Office for Harmonisation in the
Internal Market (Trade Marks and Designs) of 23 March 2000
(Case R 392/1999-3) concerning the registration of ‘DAS
PRINZIP DER BEQUEMLICHKEIT’ as a Community trade
mark, the Court of First Instance (Fourth Chamber), composed
of: P. Mengozzi, President, V. Tiili and R.M. Moura Ramos,
Judges, Registrar: J. Palacio Gonza´lez, Administrator, has given
a judgment on 11 December 2001, in which it has ruled:

1. Annuls the decision of the Third Board of Appeal of the Office
for Harmonisation in the Internal Market (Trade Marks and
Designs) of 23 March 2000 (Case R 392/1999-3);

2. Orders the Office to bear its own costs and to pay those of the

applicant.

(1) OJ C 233 of 12.8.2000.