CELEX: C1996/370/28
Language: en
Date: 1996-12-07 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 7 November 1996 in Case T-298/94: Roquette Frères SA v. Council of the European Union (Common agricultural policy - Quota system in relation to the production of potato starch - Regulation (EC) No 1868/94 - Action for annulment - Closed group of traders - Inadmissibility)

No C 370/ 12         [ EN                Official Journal of the European Communities                                    7 . 12 . 96
Thomas Sharpe QC, of the Bar of England and Wales,                     JUDGMENT OF THE COURT OF FIRST INSTANCE
instructed by Alexandre R. M. Nourry, Solicitor, with an                                     of 5 November 1996
address for service in Luxembourg at the Chambers of Jean
Hoss, 15 Cote d'Eich, supported by the United Kingdom of            in Joined Cases T-21 /95 and T-186/95 : Marco Mazzocchi­
Great Britain and Northern Ireland ( Agents : Lindsey Nicoll,        Alemanni v. Commission of the European Communities ( 1 )
Stephanie Ridley, K. P. E. Lasok and Kenneth Parker ) and           (Officials — Supplementary sickness insurance scheme for
by Channel Tunnel Group Ltd, established in London, and             officials serving in a third country — Procedure for
France Manche SA, established in Paris, together                    reimbursement of medical expenses — Application of
constituting Eurotunnel, whose head office is in London,                                             ceilings)
represented by Christine Heron Schwaighofer and Christian
Roth, of the Paris Bar, with an address for service in                                           ( 96/C 370/27 )
Luxembourg at the Chambers of Aloyse May, 31 Grand­
Rue, British Railways Board being supported also by
European Passenger Services Ltd, established in London,                              (Language of the case: French)
represented by Thomas Sharpe QC, of the Bar of England
and Wales, instructed by Alexandre R. M. Nourry, Solicitor,         In Joined Cases T-21 /95 and T-186/95 : Marco Mazzocchi­
with an address for service in Luxembourg at the Chambers           Alemanni, an official of the Commission of the European
of Jean Hoss, 15 Cote d'Eich, against the Commission of             Communities, residing in Libreville ( Gabon ), represented
the European Communities (Agents: Francisco Enrique                 by Nicolas Lhoest, of the Brussels Bar, with an address for
Gonzalez Diaz, Carmel O'Reilly and Guy Charrier ) —                 service in Luxembourg at the offices of Fiduciaire Myson
applications for the annulment of Commission Decision 94/           Sari, 1 Rue Glesener, v. Commission of the European
894/EC of 13 December 1994 relating to a proceeding                 Communities ( Agent: Julian Currall ) — application for
under Article 85 of the EC Treaty and Article 53 of the EEA         annulment of the decision of the Commission refusing the
Agreement ( IV/32.490 — Eurotunnel ) ( OJ No L 354 ,                applicant full reimbursement of certain dental expenses —
31 . 12 . 1994, p. 66 ) and, in the alternative, for the            the Court of First Instance ( Third Chamber ), composed of:
annulment of the conditions laid down in Article 2 ( A ) of         C. P. Briët, President, and B. Vesterdorf and A. Potocki,
that decision — the Court of First Instance ( Third Chamber,        Judges; B. Pastor, Principal Administrator, for the Registrar,
Extended Composition ), composed of C. P. Briët, President,         has given a judgment on 5 November 1996 , in which it:
and B. Vesterdorf, P. Lindh, A. Potocki and J. D. Cooke,
Judges; J. Palacio Gonzalez, Administrator, for the
Registrar, has given a judgment on 22 October 1996 , in              1 . dismisses the action in Case T-21 /95 as inadmissible;
which it ruled as follows :
                                                                    2.    dismisses the action in Case T-l 86/95 as inadmissible in
                                                                          so far as it requests the Court to issue directions or
                                                                          make declarations;
 1 . Cases T-79/95 and T-80/95 are joined for the purposes
     of the judgment.
                                                                     3 . dismisses the remainder of the action as unfounded;
                                                                    4 . orders the parties to bear their own costs.
 2 . Commission Decision 94/894/EC of 13 December 1994
     relating to a proceeding under Article 85 of the EC             (!) OJ No C 87, 8 . 4 . 1995 , and
     Treaty and Article 53 of the EEA Agreement (IV/                     OJ No C 299 , 11 . 11 . 1995 .
     32.490 — Eurotunnel) is annulled.
 3 . The Commission shall bear its own costs together with
     those of the applicants, including the costs relating to           JUDGMENT OF THE COURT OF FIRST INSTANCE
     the applications for interim measures. It shall also bear                               of 7 November 1996
     the costs of the intervener European Passenger Services
     Ltd.                                                            in Case T-298/94: Roquette Freres SA v. Council of the
                                                                                              European Union ( ] )
                                                                     (Common agricultural policy — Quota system in relation
                                                                     to the production of potato starch — Regulation (EC)
 4 . The United Kingdom of Great Britain and Northern                No 1868/94 — Action for annulment — Closed group of
     Ireland, together with Channel Tunnel Group Ltd and                                 traders — Inadmissibility)
     France Manche SA (Eurotunnel), shall bear their own
     costs .
                                                                                                  ( 96/C 370/28
                                                                                      (Language of the case: French)
 C ) OJ No C 119 , 13 . 5 . 1995 .
                                                                     In Case T-298/94 : Roquette Freres SA, established at
                                                                     Lestrem ( France ), represented by Jacques Dutat, of the
 ---pagebreak--- 7 . 12 . 96             EN                  Official Journal of the European Communities                                 No C 370 / 13
Lille Bar, against Council of the European Union ( Agents:             1 . the action is dismissed as inadmissible;
Arthur Brautigam and Jan-Peter Hix), supported by
Commission of the European Communities (Agent: Gerard                  2 . the applicant is ordered to pay all the costs.
Rozet) — application for annulment of Council Regulation
( EC ) No 1868/94 of 27 July 1994 establishing a quota                 (') OJ No C 133 , 4 . 5 . 1996 .
system in relation to the production of potato starch ( OJ
No L 197, 30 . 7. 1994, p. 4 ) — the Court of First Instance
( Fourth Chamber), composed of K. Lenaerts, President, and
P. Lindh and J. D. Cooke, Judges; J. Palacio Gonzalez,
Administrator, for the Registrar, has given a judgment on
7 November 1996, in which it:                                                         ORDER OF THE PRESIDENT
                                                                                 OF THE COURT OF FIRST INSTANCE
1 . dismisses the application as inadmissible;                                                  of 21 October 1996
                                                                       in Case T-107/96 R: Pantochim SA v. Commission of the
2 . orders the applicant to pay its own costs and those of                                   European Communities
     the Council;
                                                                       (State aid — Administrative procedure pending —
3.   orders the Commission to bear its own costs.                      Application for an injunction requiring the Commission to
                                                                       direct a Member State to modify the conditions for the
(!) OJ No C 331 , 26 . 11 . 1994 .
                                                                       grant of aid — Injunction involving a measure beyond the
                                                                           Commission 's powers — Dismissal of the application)
                                                                                                   ( 96/C 370/30 )
                                                                                       (Language of the case: French)
      ORDER OF THE COURT OF FIRST INSTANCE
                        of 25 October 1996                             In Case T-107/96 R : Pantochim SA, established at Feluy
                                                                       ( Belgium ), represented by Jacques H. J. Bourgeois, of the
in Case T-26/96: Orlando Lopes v. Court of Justice of the              Brussels Bar, with an address for service in Luxembourg at
                  European Communities (^                              the Chambers of Marc Loesch, 11              rue Goethe, v.
(Officials — Action for annulment of measures — Act                    Commission of the European Communities ( Agents : Gerard
adversely affecting an official — Action for damages —                 Rozet and Herve Lehman ) — application for an interim
                             Inadmissible)                             measure requiring the Commission to direct France , in a
                                                                       procedure pursuant to the first paragraph of Article 93 ( 2 )
                            ( 96/C 370/29 )
                                                                       of the EC Treaty, to grant the applicant provisional
                                                                       exemption from duty on biodiesel for a quantity of 20 000
                (Language of the case: French)                         tonnes a year — the President of the Court of First Instance
                                                                       has made an order on 21 October 1996 , the operative part
In Case T-26/96 : Orlando Lopes, an official of the Court of           of which is as follows :
Justice of the European Communities, residing in
Luxembourg, represented by Marc Kleyr, of the                          1 . The application for interim measures is dismissed.
Luxembourg Bar, with an address for service in
Luxembourg at his Chambers, 17 Rue Louvigny, v. Court                  1.   Costs are reserved.
of Justice of the European Communities (Agents: Timothy
Millett and Aloyse May ) — application for annulment of a
memorandum of the Head of the Portuguese Translation
Division of the Court of Justice of 21 January 1994 and of a
document entitled 'Analysis of sample I' dated 29 June
 1995 , both of which documents were submitted by the                                 ORDER OF THE PRESIDENT
defendant in response to written questions put by the Court                      OF THE COURT OF FIRST INSTANCE
of First Instance in Joined Cases T-547/93 and T-280/94                                         of 14 October 1996
Lopes v. Court of Justice; annulment of the decision of the
Registrar of the Court of Justice, communicated by                     in Case T-l 3 7/96 R: Valio Oy v. Commission of the
memorandum of 21 July 1995 , not to act on the applicant's                                   European Communities
request, submitted on 7 July 1995, seeking the cessation of             (Application for interim measures — Admissibility —
the alleged misuse of powers or authority; annulment of the             Common agricultural policy — Standards for spreadable
decision of the Court's complaints committee of 22 January             fats — Prohibition of the use of reserved sales descriptions
 1996 rejecting the complaint submitted by the applicant on            — Application — Division of powers between the
 3 October 1995 ; and compensation for the material and                           Commission and the national authorities)
non-material damage which the applicant claims to have
suffered as a result of the conduct of the servants of the                                          ( 96/C 370/31 )
 Court of Justice — the Court of First Instance ( Second
 Chamber), composed of C. W. Bellamy, President, and H.                                (Language of the case: English)
Kirschner and A. Kalogeropoulos, Judges; H. Jung,
 Registrar, made an order on 25 October 1996, the operative            In Case T-l 37/96 R: Valio Oy, established at Helsinki,
part of which is as follows :                                           represented by Francis Herbert and Daniel M. Tomasevic,