Order of the Court of First Instance of 30 April 2003 in Case T-154/02: Villiger Söhne GmbH v Council of the European Union (Action for annulment — Article 3(1) and first indent of Article 4(2) of Directive 2002/10/EC — Structure and rate of excise duty applied on manufactured tobacco — Manifestly inadmissible)
Date: 2003-08-02
Institutions: Court of First Instance
Subjects: Germany, action for annulment (EU), excise duty, tax harmonisation, tobacco, tobacco industry

C 184/36

EN

Official Journal of the European Union

2.8.2003

Directive 2000/60/EC (OJ 2001 L 331, p. 1), the Court of First
Instance (Third Chamber), composed of: K. Lenaerts, President,
J. Azizi and M. Jaeger, Judges; H. Jung, Registrar, has made an
order on 6 May 2003, the operative part of which is as follows:

ORDER OF THE COURT OF FIRST INSTANCE

of 23 April 2003

1.

2.

The application is dismissed as inadmissible.

in Case T-73/03: Bernard Zaoui and Others v Commission
of the European Communities (1)

The applicant
shall bear
incurred by the Parliament and the Council.

its own costs and pay the costs

(Non-contractual liability of the Community — Application
manifestly unfounded)

3.

The Commission shall bear its own costs.

(1) OJ C 144 of 15.06.2002.

(2003/C 184/82)

(Language of the case: French)

ORDER OF THE COURT OF FIRST INSTANCE

of 30 April 2003

in Case T-154/02: Villiger Söhne GmbH v Council of the
European Union (1)

residing

In Case T-73/03, Bernard Zaoui, residing in Combs La Ville
(France), Lucien Zaoui, residing in Netanya (Israel) and Deborah
represented by
in Ramat Gan (Israel),
Zaoui,
J.A. Buchinger,
lawyer, with an address for service in Luxem-
bourg, against the Commission of the European Communities
— application for compensation for damage allegedly suffered
by the applicants following an attack carried out in Netanya
(Israel) on 27 March 2002 — the Court of First Instance (First
Chamber), composed of B. Vesterdorf, President, H. Legal and
M.E. Martins Ribero, Judges; H. Jung, Registrar, made an order
on 23 April 2003, the operative part of which is as follows:

(Action for annulment — Article 3(1) and first indent of
Article 4(2) of Directive 2002/10/EC — Structure and rate
of excise duty applied on manufactured tobacco — Manifestly
inadmissible)

1)

2)

The application is rejected.

The applicants are ordered to pay the costs.

(1) OJ 2003 C 124.

(2003/C 184/81)

(Language of the case: German)

In Case T-154/02: Villiger Söhne GmbH, established in Wald-
shut-Tiengen (Germany), represented by B. Wägenbaur, lawyer,
against Council of the European Union (Agents: F. Gijón and
M. Simm) — application for annulment of Article 3(1) of
Council Directive 2002/10/EC of 12 February 2002 amending
Directives 92/79/EEC, 92/80/EEC and 95/59/EC as regards the
structure and rates of excise duty applied on manufactured
tobacco (OJ 2002 L 46, p. 26) and, in the alternative, of the
first indent of Article 4(2) of that directive — the Court of
First Instance (Third Chamber), composed of K. Lenaerts, Presi-
dent of the Chamber, J. Azizi and M. Jaeger, Judges; H. Jung,
Registrar, made an order on 30 April 2003, the operative part
of which is as follows:

1.

2.

3.

The application is dismissed as inadmissible.

The applicant is ordered to pay the costs.

There is no need to adjudicate on the applications for leave to
intervene.

(1) OJ C 191 10.8.02.

Action brought on 10 April 2003 by Greenpeace Limited
and Nexgen Group Limited (trading as ECOTRICITY)
against the Commission of the European Communities

(Case T-121/03)

(2003/C 184/83)

(Language of the case: English)

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 10 April 2003 by Greenpeace
Limited, London, United Kingdom, and Nexgen Group Limited
(trading as ECOTRICITY), Gloucestershire, United Kingdom,
represented by P. Lasok QC, Mr J. Turner and Ms R. Haynes,
Barristers.

The applicant claims that the Court should:

— annul the Contested Decision and order the Commission

to pay the Applicants costs.