Order of the President of the Court of First Instance of 21 January 2004 in Case T-245/03 R Fédération nationale des syndicats d'exploitants agricoles (FNSEA) and Others v Commission of the European Communities
Date: 2004-04-17
Institutions: Court of First Instance
Subjects: European Commission, France, application of EU law, beef, competition law, guarantee, summary procedure

C 94/42

EN

Official Journal of the European Union

17.4.2004

ORDER OF THE PRESIDENT OF THE COURT OF FIRST
INSTANCE

(2004/C 94/121)

of 21 January 2004

(Language of the case: French)

in Case T-217/03 R Fédération nationale de la coopération
bétail et viande (FNCBV) v Commission of the European
Communities

(Interim proceedings — Competition — Payment of a fine
— Bank guarantee — Prima facie case — Urgency —
Balance of interests — Partial and conditional suspension)

(2004/C 94/120)

(Language of the case: French)

In Case T-217/03 R: Fédération nationale de la coopération
bétail et viande (FNCBV), established in Paris (France), repre-
sented by R. Collin and M. Ponsard, lawyers, with an address
for service in Luxembourg, supported by the French Republic
(agents: G. de Bergues and F. Million), against Commission of
the European Communities (agents: P. Oliver and O. Beynet) —
application for dispensation from the obligation to provide a
bank guarantee in order to avoid enforcement of the fine of
EUR 480 000 imposed by Commission Decision 2003/600/EC
of 2 April 2003 relating to a proceeding pursuant to Article 81
of the EC Treaty (Case COMP/C.38.279/F3 — French beef) (OJ
2003 L 209, p. 12) — the President of the Court of First
Instance, made an order on 21 January 2004, the operative
part of which is as follows:

1) For a period of two months from the date of notification of
this order, the obligation on the applicant to provide a bank
guarantee for the Commission in order to avoid immediate
recovery of the fine imposed on it by Article 3 of Commis-
sion Decision 2003/600/EC of 2 April 2003 relating to a
proceeding pursuant to Article 81 of the EC Treaty (Case
COMP/C.38.279/F3 — French beef) is suspended, provided
that, within a period of four weeks from the same date, the
sum of
applicant
EUR 140 000
of
EUR 60 000 or, alternatively, provides a bank guarantee of
EUR 200 000;

the Commission
bank
provides

the
guarantee

to
and

pays

a

2) The costs are reserved.

(FNSEA), established in Paris

In Case T-245/03 R: Fédération nationale des syndicats d'ex-
ploitants agricoles
(France),
Fédération nationale bovine (FNB), established in Paris, Fédéra-
tion nationale des producteurs du lait (FNPL), established in
Paris, and Jeunes agriculteurs (JA), established in Paris, repre-
sented by B. Néouze and V. Ledoux, lawyers, with an address
for service in Luxembourg, supported by the French Republic
(agents: G. de Bergues and F. Million), against Commission of
the European Communities (agents: P. Oliver and A. Bouquet)
— application for dispensation, in whole or in part, from the
obligation to provide a bank guarantee in order to avoid enfor-
cement of
imposed by Commission Decision
2003/600/EC of 2 April 2003 relating to a proceeding
pursuant to Article 81 of the EC Treaty (Case COMP/C.38.279/
F3 – French beef) (OJ 2003 L 209, p. 12) — the President of
the Court of First Instance, made an order on 21 January 2004,
the operative part of which is as follows:

fines

the

1) The obligation on the Fédération nationale des syndicats d'exploi-
tants agricoles to provide the Commission with a bank guarantee
in order to avoid immediate enforcement of the fines imposed on it
by Article 3 of Commission Decision 2003/600/EC of 2 April
2003 relating to a proceeding pursuant to Article 81 of the EC
Treaty (Case COMP/C.38.279/F3 —French beef) is suspended
on the following conditions:

a) within a period of three weeks from notification of this
order, the Fédération nationale des syndicats d'exploi-
tants agricoles shall pay the Commission the sum of
EUR 1,5 million and provide a bank guarantee of
EUR 1,7 million or, alternatively, the Fédération natio-
nale des syndicats d'exploitants agricoles shall provide a
bank guarantee of EUR 3,2 million;

b) within a period of five months from notification of this
order the Fédération nationale des syndicats d'exploitants
agricoles shall pay the Commission the balance of the
fine still due, together with interest, or provide a bank
guarantee of that amount.

2) The obligation on the Fédération nationale bovine to provide the
Commission with a bank guarantee in order to avoid immediate
enforcement of the fines imposed on it by Article 3 of Decision
2003/600 is suspended on the following conditions:

ORDER OF THE PRESIDENT OF THE COURT OF FIRST
INSTANCE

of 21 January 2004

in Case T-245/03 R Fédération nationale des syndicats
d'exploitants agricoles (FNSEA) and Others v Commission
of the European Communities

(Interim proceedings — Competition — Payment of a fine
— Bank guarantee — Prima facie case — Urgency —
Balance of interests — Partial and conditional suspension)

a) within a period of three weeks from notification of this
the Fédération nationale bovine shall pay the
order,
Commission the sum of EUR 200 000 and provide a
bank guarantee of EUR 670 000 or, alternatively, the
Fédération nationale bovine shall provide a bank guar-
antee of EUR 870 000;

b) within a period of five months from notification of this
order,
the Fédération nationale bovine shall pay the
Commission the balance of the fine still due, together
that
with interest, or provide a bank guarantee of
amount.

17.4.2004

EN

Official Journal of the European Union

C 94/43

3) The obligation on the Jeunes agriculteurs to provide the Commis-
sion with a bank guarantee in order to avoid immediate enforce-
ment of
imposed on it by Article 3 of Decision
2003/600 is suspended on the following conditions:

the fines

a) within a period of three weeks from notification of this
order, the Jeunes agriculteurs shall pay the Commission
the sum of EUR 15 000 or, alternatively, provide a bank
guarantee of that amount;

b) within a period of five months from notification of this
order, the Jeunes agriculteurs shall pay the Commission
the balance of the fine still due, together with interest, or
provide a bank guarantee of that amount.

4) The suspension granted in paragraphs 2 and 3 of the operative
part of this order shall cease to have effect if the applicants do not
communicate to the Commission, within a period of six weeks
from notification of this order, the annual accounts of the Fédéra-
tion nationale bovine and the Jeunes agriculteurs for the 2001
and 2002 financial years, audited and certified by an audit firm
of international repute;

F3 — French beef) (OJ 2003 L 209, p. 12) inasmuch as it
imposed on the applicant a fine of EUR 720 000 and required
it to establish a bank guarantee as a condition of the non-enfor-
cement of that fine — the President of the Court of First
Instance, made an order on 21 January 2004, the operative
part of which is as follows:

1) The application for interim measures is dismissed;

2) The costs are reserved.

ORDER OF THE COURT OF FIRST INSTANCE

of 10 February 2004

5) Until bank guarantees covering interest are established, the appli-

cants shall communicate to the Commission:

in Case T-394/03 R: Flavia Angeletti v Commission of the
European Communities

a) monthly, the main parameters relating to changes in
their
situation, which the
Commission shall define upon notification of this order;

economic and financial

b) prior to its adoption, any decision liable substantially to
affect their economic situation or intended to change
their legal status.

6) The costs are reserved.

(Procedure for interim relief — Urgency — None)

(2004/C 94/123)

(Language of the case: French)

In Case T-394/03 R: Flavia Angeletti, former official of the
Commission of the European Communities, represented by J.R.
Iturriagogoitia and K. Devolvé, lawyers, against Commission of
the European Communities (Agents: J. Currall and H. Kraemer)
— application for suspension of operation of the decision of
the Commission of 17 October 2003, as corrected on 27
October 2003 — the President of the Court of First Instance
made an order on 10 February 2004, the operative part of
which is as follows:

1. The application for interim relief is dismissed.

ORDER OF THE PRESIDENT OF THE COURT OF FIRST
INSTANCE

2. The costs are reserved.

of 21 January 2004

in Case T-252/03 R Fédération nationale de l'industrie et
des commerces en gros des viandes (FNICGV) v Commis-
sion of the European Communities

(Interim proceedings — Competition — Payment of a fine
— Bank guarantee — Admissibility — Urgency — None)

(2004/C 94/122)

(Language of the case: French)

In Case T-252/03 R: Fédération nationale de l'industrie et des
commerces en gros des viandes (FNICGV), established in Paris
(France), represented by P. Abegg, lawyer, with an address for
service in Luxembourg, supported by the French Republic
(agents: G. de Bergues and F. Million), against Commission of
the European Communities (agents: P. Oliver and F. Lelièvre) –
application for suspension of operation of Commission Deci-
sion 2003/600/EC of 2 April 2003 relating to a proceeding
pursuant to Article 81 of the EC Treaty (Case COMP/C.38.279/

Action brought on 19 March 2003 by Mast-Jägermeister
AG against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) (OHIM)

(Case T-103/03)

(2004/C 94/124)

(Language of the case to be determined pursuant to Article 131(2) of
the Rules of Procedure language in which the application was
submitted: German)

An action against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) (OHIM) was brought before
the Court of First Instance of the European Communities on 19
March
by Mast-Jägermeister AG, Wolfenbüttel
(Germany), represented by C. Drzymalla, lawyer. Licorera Zaca-
(Guatemala) was also a party to the
paneca S.A., Zacapa,
proceedings before the Board of Appeal.

2003