do-me/EUR-LEX huggingface dataset:
Removal from the register of Case C-61/99
Date: 2002-06-15
Institutions: Court of Justice
Subjects: advertising, interpretation of the law, parent company, postal service, right of establishment, subsidiary

15.6.2002

EN

Official Journal of the European Communities

C 144/29

Pleas in law and main arguments

Removal from the register of Case C-233/99 (1)

— Incorrect legal basis and lack of competence of the
Commission: The contested regulation has as its legal
basis Article 45(1) of Council Regulation (EC) No 850/98
for the conservation of fishery resources through techni-
cal measures for the protection of juveniles of marine
organisms. That provision confers on the Commission
limited legislative power which that institution may use
only in such cases and under such conditions as provided
in that provision, whilst general power to legislate in the
matter of fisheries resides with the Council in accordance
with the procedure laid down in Article 37 EC. In the
present case,
the Commission refers to a report of
November 2000 by the International Council for the
Exploration of the Sea and to Regulation No 1162/2001
(which, in the Commission’s own words ‘cannot produce
any effect whatsoever’ — see OJ L 47 of 19.2.2002,
p. 21). No other data are produced to substantiate the
statement made on 19 March that conservation of hake
resources in the ICES areas affected required immediate
action by the Commission.

— Breach of the principle of non-discrimination:

— Lack of a statement of reasons

(2002/C 144/50)

By order of 21 March 2002 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-233/99 (Reference for a preliminary
ruling by Københavns Byret): Anklagemyndigheden (Public
Prosecution Department) v Tonny Haugsted Hansen.

(1) OJ C 246 of 28.8.1999.

Removal from the register of Case C-369/99 (1)

(2002/C 144/51)

The main arguments put forward in support of the last two
pleas are similar to those in Case C-304/01 (2).

By order of 19 March 2002 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-369/99: Kingdom of Spain v
Commission of the European Communities.

(1) OJ L 77, p. 8 of 20.3.2002.
(2) OJ C 289 of 13.10.2001, p. 15.

(1) OJ C 6 of 8.1.2000.

Removal from the register of Case C-61/99 (1)

Removal from the register of Case C-407/99 (1)

(2002/C 144/49)

(2002/C 144/52)

By order of 8 February 2002 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-61/99 (Referral for a preliminary
ruling by the Landgericht Mainz): Deutsche Post AG v Landal
Green Parks GmbH.

By order of 11 December 2001 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-407/99 (Referral for a preliminary
ruling by the Bundessozialgericht): Vetharanigam Pathminidevi
v Landeskreditbank Baden-Württemberg — Förderbank.

(1) OJ C 121 of 1.5.1999.

(1) OJ C 34 of 5.2.2000.
Removal from the register of Case T-75/01
Date: 2002-06-15
Institutions: Court of First Instance
Subjects: EU programme, European Commission, Syria, appeal to the Court (EU), self-employed person, technology

C 144/64

EN

Official Journal of the European Communities

15.6.2002

Removal from the register of Case T-75/01 (1)

Removal from the register of Case T-185/01 (1)

(2002/C 144/125)

(Language of the Case: French)

(2002/C 144/126)

(Language of the Case: French)

By order of 21 January 2002 the President of the Fourth
Chamber of the Court of First Instance of the European
Communities ordered the removal from the register of Case
T-75/01: Systems-Europe S.A. v Commission of the European
Communities.

(1) OJ C 161 of 2.6.2001.

By order of 28 January 2002 the President of the First Chamber
of the Court of First Instance of the European Communities
ordered the removal from the register of Case T-185/01:
Dominique Ramaekers v Commission of the European Com-
munities.

(1) OJ C 317 of 10.11.2001.
Removal from the register of Case T-30/98
Date: 2002-06-15
Institutions: Court of First Instance
Subjects: Joint European Torus, United Kingdom, action for failure to act, equal treatment, redemption, servant (EU)

15.6.2002

EN

Official Journal of the European Communities

C 144/63

In support of its claims, the applicant maintains that the
Commission infringed both Article 81 of the EC Treaty and
Article 53 of the EEA Agreement, since it failed to take into
account, or incorrectly assessed, the nature and actions of the
applicant undertaking and did not establish that the applicant
participated in the alleged meetings or the alleged collusive
arrangements within the Spanish market or in the agreements
and concerted practices as a whole, which are described in the
contested decision.

It is stated in that regard that the applicant is a small family-
style undertaking which distributes and processes carbonless
copy paper and that it neither manufactured nor exported to
markets other than the Spanish market during the period of
the infringement. Furthermore, attention is drawn to its
modest economic size and the limited scale of its business as
compared with the other parties alleged to be involved.

As regards the fine imposed, it is submitted that quantification
thereof involved:

— breach of the principles of proportionality and equal

treatment;

— incorrect determination of the period of infringement;

— failure to take account of the mitigating circumstances

attendant upon the applicant’s situation.

(1) Not yet published in the Official Journal.

Removal from the register of Case T-30/98 (1)

(2002/C 144/122)

(Language of the Case: English)

By order of 16 January 2002 the President of the First Chamber
of the Court of First Instance of the European Communities
ordered the removal
from the register of Case T-30/98:
Dr. Peter Stott v Conseil de l’Union européenne and Com-
mission of the European Communities.

(1) OJ C 184 of 13.6.1998.

Removal from the register of Case T-370/00 (1)

(2002/C 144/123)

(Language of the Case: English)

By order of 5 February 2002 the President of the Third
Chamber of the Court of First Instance of the European
Communities ordered the removal from the register of Case
T-370/00: N.V. Master Foods S. A. v Commission of the
European Communities.

(1) OJ C 79 of 10.3.2001.

Removal from the register of Case T-113/97 (1)

(2002/C 144/121)

(Language of the Case: French)

Removal from the register of Case T-42/01 (1)

(2002/C 144/124)

(Language of the Case: French)

By order of 21 February 2002 the President of the First
Chamber of the Court of First Instance of the European
Communities ordered the removal from the register of Case
T-113/97: Pierre Tomarchio v the Court of Auditors of the
European Communities.

By order of 24 January 2002 the President of the First Chamber
of the Court of First Instance of the European Communities
ordered the removal
from the register of Case T-42/01:
Syndicat des employés, techniciens et cadres de la F.G.T.B. v
Commission of the European Communities.

(1) OJ C 199 of 28.6.1997.

(1) OJ C 118 of 21.4.2001.
Removal from the register of Case T-370/00
Date: 2002-06-15
Institutions: Court of First Instance
Subjects: CCT duties, European Commission, action for annulment (EU), food industry, import price, rice

15.6.2002

EN

Official Journal of the European Communities

C 144/63

In support of its claims, the applicant maintains that the
Commission infringed both Article 81 of the EC Treaty and
Article 53 of the EEA Agreement, since it failed to take into
account, or incorrectly assessed, the nature and actions of the
applicant undertaking and did not establish that the applicant
participated in the alleged meetings or the alleged collusive
arrangements within the Spanish market or in the agreements
and concerted practices as a whole, which are described in the
contested decision.

It is stated in that regard that the applicant is a small family-
style undertaking which distributes and processes carbonless
copy paper and that it neither manufactured nor exported to
markets other than the Spanish market during the period of
the infringement. Furthermore, attention is drawn to its
modest economic size and the limited scale of its business as
compared with the other parties alleged to be involved.

As regards the fine imposed, it is submitted that quantification
thereof involved:

— breach of the principles of proportionality and equal

treatment;

— incorrect determination of the period of infringement;

— failure to take account of the mitigating circumstances

attendant upon the applicant’s situation.

(1) Not yet published in the Official Journal.

Removal from the register of Case T-30/98 (1)

(2002/C 144/122)

(Language of the Case: English)

By order of 16 January 2002 the President of the First Chamber
of the Court of First Instance of the European Communities
ordered the removal
from the register of Case T-30/98:
Dr. Peter Stott v Conseil de l’Union européenne and Com-
mission of the European Communities.

(1) OJ C 184 of 13.6.1998.

Removal from the register of Case T-370/00 (1)

(2002/C 144/123)

(Language of the Case: English)

By order of 5 February 2002 the President of the Third
Chamber of the Court of First Instance of the European
Communities ordered the removal from the register of Case
T-370/00: N.V. Master Foods S. A. v Commission of the
European Communities.

(1) OJ C 79 of 10.3.2001.

Removal from the register of Case T-113/97 (1)

(2002/C 144/121)

(Language of the Case: French)

Removal from the register of Case T-42/01 (1)

(2002/C 144/124)

(Language of the Case: French)

By order of 21 February 2002 the President of the First
Chamber of the Court of First Instance of the European
Communities ordered the removal from the register of Case
T-113/97: Pierre Tomarchio v the Court of Auditors of the
European Communities.

By order of 24 January 2002 the President of the First Chamber
of the Court of First Instance of the European Communities
ordered the removal
from the register of Case T-42/01:
Syndicat des employés, techniciens et cadres de la F.G.T.B. v
Commission of the European Communities.

(1) OJ C 199 of 28.6.1997.

(1) OJ C 118 of 21.4.2001.