CELEX: C1995/087/19
Language: en
Date: 1995-04-08 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE (First Chamber) of 21 February 1995 in Case T-472/93: Campo Ebro Industrial SA and Others v. Council of the European Union (Action for annulment - Regulation - Alignment of the price of sugar in Spain with the common price - No compensation for producers of isoglucose - Admissibility - Action for damages - Legislative measure involving choices of economic policy)

8 . 4 . 95            EN                   Official Journal of the European Communities                                  No C 87/9
established in Groningen, Netherlands, Rotterdamse                    Brautigam and G. Houttuin), supported by Commission of
Aannemersvereniging,          established     in     Rotterdam,       the European Communities (Agent: X. Lewis) —
Netherlands, Aannemersvereniging 'de Rijnstreek',                     application pursuant to Article 173 of the EEC Treaty for
established in Rotterdam, Netherlands, Stichting                      annulment of Council Regulation ( EEC ) No 3814/92 of
Aanbestedingsregeling           van     de     Samenwerkende          28 December 1992 amending Regulation (EEC)
Bouwbedrijven in Friesland, established in Leeuwarden,                No 1785/81 and introducing application in Spain of the
Netherlands, Samenwerkende Prijsregelnd Vereniging                    sugar sector prices provided for by that Regulation (2 ) and
Nijmegen en Omstreken, established in Nijmegen,                       for damages under Article 178 and the second paragraph of
Netherlands, Samenwerkende Patroons Verenigingen in de                Article 215 of the EEC Treaty, — the Court of First Instance
Boouwbedrijven Noor-Holland-Noord, established in                     (First Chamber), composed of R. Schintgen, President, R.
Alkmaar, Netherlands, Utrechtse Aannemers Vereniging,                 Garcfa-Valdecasas, H. Kirschner, B. Vesterdorf and C. W.
established in Utrecht, Netherlands, Vereniging                       Bellamy, Judges; H. Jung, Registrar, gave a judgment on
Wegenbouw         Aannemers         Combinatie       Nederland,       21 February 1995 , in which it:
established in Zeist, Netherlands, and Zuid Nederlandse
Aannemers Vereniging, established in Heeze, Netherlands,              1 . dismisses the application as inadmissible in so far as it
represented by Louis H. van Lennep, of the Hague Bar, and                  seeks annulment of Council Regulation (EEC)
Erik H. Pijnacker Hordijk, of the Amsterdam Bar, with an                   No 3814/92 of 28 December 1992 amending
address for service in Luxembourg at the Chambers of Luc                   Regulation (EEC) No 1785/81 and introducing
Frieden, 6, Avenue Guillaume v. Commission of the                          application in Spain of the sugar sector prices provided
European Communities (Agents: Berend J. Drijber, and P.                    for by that Regulation;
Glazener) — application for a declaration that Commission
Decision 92/204/EEC of 5 February 1992 relating to a
proceeding pursuant to Article 85 of the EEC Treaty                   2. dismisses the application as unfounded in so far as it
(IV/31.572 and 32.571 — Building and Construction                          seeks damages;
Industry in the Netherlands (2 ) is non-existent or,
alternatively, for a declaration that it is void — the Court of       3 . orders the applicants to pay their own costs and jointly
First Instance (First Chamber), composed of R. Schintgen,                  and severally to bear the costs incurred by the
President of the Chamber, H. Kirschner, B. Vesterdorf, K.                  Council;
Lenaerts and C. W. Bellamy, Judges; Registrar, H. Jung,
gave a judgment on 21 February 1995 , in which it:                    4 . orders the Commission to bear its own costs.
1 . dismisses the application;
                                                                      (!) OJ No C 135 , 14 . 5 . 1993 .
                                                                      (2 ) OJ No L 387, 31 . 12 . 1992 , p. 7.
2 . orders the applicants jointly and severally to pay the
     costs, including those relating to the application for
     interim measures.
(M OJ No C 142 , 4 . 6 . 1992 .
(2 ) OJ No L 92, 7. 4. 1992, p. 1 .
                                                                       JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                             of 7 March 1995
                                                                      in Joined Cases T-432/93, T-433/93 and T-434/93 :
                                                                      Sociedade de Curtumes a Sul do Tejo, Ld, and Others v.
 JUDGMENT OF THE COURT OF FIRST INSTANCE                                     Commission of the European Communities C )
                        (First Chamber)
                                                                       (European Social Fund — Decision reducing the amount of
                     of 21 February 1995                              financial assistance — Application for annulment —
in Case T-4 72/93 : Campo Ebro Industrial SA and Others v.            Non-existence — Admissibility — Breach of an essential
             Council of the European Union ( x )                                         procedural requirement)
(Action for annulment — Regulation — Alignment of the                                            ( 95/C 87/20
price of sugar in Spain with the common price — No
compensation for producers ofisoglucose — Admissibility                            (Language of the case: Portuguese)
— Action for damages — Legislative measure involving
                 choices of economic policy)                          In Joined Cases T-432/93 , T-433/93 and T-434/93 : Socurte
                          ( 95/C 87/19                                (Sociedade de Curtumes a Sul do Tejo, Ld ), Quavi
                                                                      ( Revestimentos de Cortiga, Ld), and Stec ( Sociedade
               (Language of the case: English)                        Transformadora di Carnes, Ld), established at Pau
                                                                      Queimado, Portugal, represented by Carlos Botelho Moniz
In Case T-472/93 : Campo Ebro Industrial, SA, Levantina               and Antonio Magalhaes Cardoso, of the Lisbon Bar, with an
Agricola Industrial, SA, and Cerestar Iberica, SA, companies          address for service in Luxembourg at the Chambers of Guy
established under Spanish law, represented by Paul                    Harles, 8—10 Rue Mathias Hardt, against Commission of
Glazener, of the Rotterdam Bar, with an address for service           the European Communities (Agents: N. Khan and F. de
in Luxembourg at the Chambers of Marc Loesch, 1 1 Rue                 Sousa Fialho ) — application for a declaration that the
Goethe, against Council of the European Union (Agents: A.             Decision by which the Commission reduced the amount of