CELEX: C1995/054/35
Language: en
Date: 1995-03-04 00:00:00
Title: Action brought on 11 January 1995 by Hans-Theo Wellmann against Council of the European Union and Commission of the European Communities (Case T-3/95)

No C 54/18             EN                 Official Journal of the European Communities                                   4 . 3 . 95
before the Court of First Instance of the European                   — infringement of Articles 4 (4 ) and 2 ( 12 ) of the basic
Communities on 9 January 1995 by Christian Vahrenkamp,                   regulation and manifest error of assesment, in that the
Eggebek ( Federal Republic of Germany ), represented by Dr               Commission found that the product imported from
Lukanow, Rechtsanwalt, Euskirchen, with an address for                   China and Russia and the product manufactured in the
service in Luxembourg at the Chambers of Dupong &                        Community were alike,
Associés, 14a Rue des Bains.
                                                                     — infringement of Article 4 of the basic regulation and
The applicant claims that the Court should:                              manifest error of assessment, in that the Council found
                                                                         that the Community industry had suffered material
order the defendants to pay compensation to the applicant                injury,
for the period of five milk years from 1 April 1988 in the
amount of DM 30 705 plus 8 % interest with effect from               — infringement of Article 12 of the basic regulation and
2 November 1983 .                                                        manifest error of assessment, in that the Council
                                                                         concluded that the Community interest called for the
Pleas in law and main arguments                                          imposition of definitive measures,
The pleas in law and main arguments are similar to those in          — infringement of Article 190 of the Treaty, in that the
Case T-20/94 .                                                           Council failed to discharge its obligation to provide a
                                                                         statement of reasons with regard to the complaint of
                                                                         abuse of a dominant position lodged by the applicant
                                                                         with DG IV,
                                                                     — misuse of powers, in that the Commission was party to
Action brought on 9 January 1995 by Industrie des Poudres                the use of an anti-dumping procedure for
Sphériques (IPS ) against the Council of the European                    anti-competitive purposes.
                               Union
                          (Case T-2/95 )                             In the alternative, the applicant claims that the regulation
                                                                     should be declared unenforceable against it on the grounds
                           ( 95/C 54/34)                             of manifest error of appreciation, in that the Council
                                                                     imposed anti-dumping duties generally on all imports of
                (Language of the case: French)                       calcium metal originating in the People's Republic of China
                                                                     and Russia .
An action against the Council of the European Union was
brought before the Court of First Instance of the European
Communities on 9 January 1995 by Industrie des Poudres
Sphériques (IPS), having its seat at Annemasse (France),
represented by Chantal Momège, of the Paris Bar, with an
address for service in Luxembourg at the Chambers of Alex            Action brought on 11 January 1995 by Hans-Theo
Schmitt, 62 Avenue Guillaume.                                        Wellmann against Council of the European Union and
                                                                             Commission of the European Communities
The applicant claims that the Court should:                                                 (Case T-3/95 )
— primarily, annul Regulation ( EEC) No 2257/94 of                                           ( 95/C 54/35 )
    19 October 1994,
                                                                                   (Language of the case: German)
— in the alternative, declare it unenforceable against
    IPS,
                                                                     An action against the Council of the European Union and
— order the Council to pay the costs.                                Commission of the European Communities was brought
                                                                     before the Court of First Instance of the European
                                                                     Communities on 11 January 1995 by Hans-Theo
Pleas in law and main arguments                                      Wellmann, Rees ( Federal Republic of Germany),
                                                                     represented by Bernd Meisterernst, Mechtild Düsing,
The applicant contends in support of its action that the             Dietrich Manstetten, Frank Schulze and Winfried
contested regulation should be annulled for the following            Haneklaus, Rechtsanwälte, Munster, with an address for
reasons :
                                                                     service in Luxembourg at the Chambers of Dupong &
                                                                     Associés, 14a Rue des Bains.
— infringement of the basic regulation, Council Regulation
    (EEC) No 2423/88 , and breach of the principle of legal
    certainty, in that, following the annulment of Regulation       The applicant claims that the Court should:
    No 2808/89 by the judgment of 11 June 1992, the
    Commission 'resumed the investigation',                          1 . order the defendants jointly to pay to the applicant
                                                                         SLOM III compensation for the period from 2 April
— infringement of Articles 7 and 8 of the abovementioned                 1984 to 29 July 1993 in the amount of DM 15 238,33
    basic regulation and of the applicant's rights to a fair             together with interest thereon at 8 % from 1 9 May 1992
    hearing,                                                             and jointly to pay the costs of the proceedings;
 ---pagebreak--- 4 . 3 . 95            EN                 Official Journal of the European Communities                                   No C 54/1 9
2. join the present action to that already pending in Case          — order the Community to pay the applicant ECU 10
     T-77/93 Hulseberg and Others v. Council and                        million by way of damages and to pay the costs,
      Commission and also stay the proceedings.
                                                                    — grant interim relief regardless of the proceedings and
Pleas in law and main arguments                                         without requiring a guarantee.
The pleas in law and main arguments are similar to those in
Case T-20/94 .                                                      Pleas in law and main arguments
                                                                    The applicant contests the Commission's decision to
                                                                    proceed no further with its complaint concerning the
                                                                    infringement of the Community rules on competition by the
Action brought on 16 January 1995 by the Amicale des                undertakings possessing the sole operating franchise in
Residents du Square d'Auvergne against Commission of the            respect of the district heating system for Massy-Antony.
                    European Communities
                         (Case T-5/95 )                             The applicant claims first of all that, in taking the decision to
                                                                    proceed no further on the ground of the alleged lack of a
                          ( 95/C 54/36 )
                                                                    Community interest, the Commission made a manifest error
                                                                    of assessment of the facts of the case.
               (Language of the case: French)
An action against the Commission of the European                    Secondly, the undertakings in question have participated in
Communities was brought before the Court of First                   agreements and concerted practices which have as their
Instance of the European Communities on 16 January 1995             object the restriction or distortion of competition in a
by the Amicale des Residents du Square d'Auvergne, whose            substantial part of the common market, increasing by a
headquarters are in Massy ( France ), represented by                disproportionate amount the costs to be borne by the
                                                                    tenants .
Jean-Marc Florand and Karim Achoui, of the Paris Bar.
The applicant claims that the Court of First Instance               Lastly, the Commission's inaction is ground for a
should :                                                            declaration that Article 155 of the Treaty has also been
                                                                    infringed.
— declare that the Commission has exceeded its powers
     and that it has failed to act,
— declare void the declaratory decisions (D/09735 and
     D/10419 ) issued by Directorate-General IV
     ( Competition ) on 20 September 1994 and 5 October
     1994 respectively and the declaratory decision ( SPC/D               Removal from the register of Case T-45/92 ( a )
     03463 ) issued by the Consumer Policy Service on
     26 October 1994,                                                                         ( 95/C 54/37)
— order the Commission to take further steps — in strict                          (Language of the case: French)
     compliance with the guidelines laid down by the Court
     of First Instance in Automec v. Commission ( Case
     T-24/90 [ 1992] ECR 11-2223 ) and other judgments              By order of 4 January 1995 the President of the Third
     contributing to that branch of case-law — for the              Chamber of the Court of First Instance of the European
     thorough investigation of the grounds set out in the           Communities ordered the removal from the register of Case
     original complaint of 25 July 1994 submitted by the            T-45/92: Loek Rijnoudt v. Commission of the European
                                                                    Communities .
     applicant against the French State, SIMACUR, HLM
     Residences le Logement des Fonctionnaires, CURMA
     and UFINER-COFRETH,                                            (!) OJ No C 182 , 18 . 7. 1992 .