CELEX: C1996/133/55
Language: en
Date: 1996-05-04 00:00:00
Title: Action brought on 26 January 1996 by Donald George Gage and David John Gage against the Council of the European Union and the Commission of the European Communities (Case T-11/96)

No C 133/24          EN                  Official Journal of the European Communities                                      4. 5 . 96
adversely affect the possibility for a part transferee of the       Action brought on 6 February 1996 by John Carvel and
land to produce a proper quantity of milk on it for up to ten       Guardian Newspapers Limited against the Council of the
years from the expiry of that period.                                                       European Union
                                                                                             ( Case T-19/96 )
SLOM III producers are a clearly defined group. Just as the                                    ( 96/C 133/56 )
Community legislature has recognized that it must treat
differently those producers who held on to their entire
holdings thoughout the period of their non-marketing                                (Language of the case: English)
schemes and those who transferred a part of it, treating them
as two separate groups for SLOM allocation purposes, the
Community authorities must know that for that group of              An action against the Council of the European Union was
part-transferors there exists a corresponding separate and          brought before the Court of First Instance of the European
                                                                    Communities on 6 February 1996 by John Carvel and
distinct group of 'part-transferees'.
                                                                    Guardian Newspapers Limited, represented by Onno
                                                                    W. Brouwer and Frédéric P. Louis, with an address for
The applicant finally contends that his legitimate                  service in Luxembourg at the Chambers of Marc Loesch,
expectation that he would be able to resume milk                    11 , rue Goethe .
production at the end of the non-marketing scheme with
which he had agreed to comply, has been frustrated by the
Council and the       Commission's     failure  to  introduce       The applicants claim that the Court should:
SLOM III quota until 1993 .
                                                                    — annul the decision of the Council whereby the Council
                                                                         refuses access to the text of the decisions adopted by the
                                                                        Justice and Home Affairs             Council of 29      and
                                                                         30 November 1993 ,
                                                                    — order the Council to pay the applicants' costs pursuant
                                                                         ot Article 87 of the Rules of Procedure of the Court of
Action brought on 26 January 1996 by Donald George                       First Instance .
Gage and David John Gage against the Council of the
European Union and the Commission of the European
                         Communities                                Pleas in law and main arguments
                       ( Case T-11 /96 )
                          96/C 133/55                               The same applicants as in Case T-194/94 resolved by
                                                                    judgment of 19 October 1 995 , challenge the Council's
                                                                    decision in its letter of 27 November 1995 , refusing to
              (Language of the case: English)                       distribute to them the text of the decisions adopted by the
                                                                    Justice and Home Affairs Council of 29 and 30 November
                                                                    1993 .
An action against the Council of the European Union and
the Commission of the European Communities was brought              In the abovementioned judgment, the Court of First
before the Court of First Instance of the European                  Instance found that the defendant, by refusing to send to the
Communities on 26 January 1 996 by Donald George Gage               applicants documents relating to a Justice and Home Affairs
and David John Gage, represented by Alan Maclean and                Council, as well as documents relating to an Agricultural
Joanne Keddie, Dawson & Co, 2 New Square, Lincoln's                 Council, had failed to balance the interest it may have in
Inn, London WC2A 3RZ, England .                                     keeping the said documents confidential, in order to
                                                                    safeguard the confidentiality of its proceedings, with the
The applicant claims that the Court should:                         interest of the applicants in gaining access to those
                                                                    documents. The contested decision in the present case was
                                                                    taken in order to comply with that judgment.
— order damages against the Council and/or the
    Commission as per a report of D R Gasson, included in
    the application, and                                            The applicants submit first of all that the decision
                                                                    constituted by the Council's letter of 27 November 1995
— order the Council and/or the Commission to pay the                infringes Council Decision 93/731 , in so far as the defendant
    costs .                                                         institution, contrary to the wording of that Decision, which
                                                                    lays down rules on access to documents, sent to the
                                                                    applicants a press release containing a list of the decisions
Pleas in law and main arguments                                     taken at the meeting of the Justice and Home Affairs
                                                                    Council on 29 and 30 November 1993 , instead of providing
The pleas in law and main arguments are the same as those           them with the actual text of the documents they had
in Case T- 1 0/96 Benjamin Laurence Lay.                            requested .
                                                                    As a second ground for annulment, the applicants submit
                                                                    that the Council did not provide the applicants with any