CELEX: C1995/119/57
Language: en
Date: 1995-05-13 00:00:00
Title: Removal from the register of Case T-282/94

No C 119/30        [ EN |                 Official Journal of the European Communities                                13 . 5 . 95
    law in that the Commission unlawfully refused to grant               — denied the applicant the right to be heard and acted
    a declaration that there were no grounds for the                         in breach of the principle of good administration.
    application of the provisions of Article 2 of Regulation
    (EEC ) No 1017/68 and/or Article 85 ( 1 ) of the EC              (!) OJ No L 354, 31 . 12 . 1994, p. 66 .
    Treaty and Article 53 ( 1 ) of the EEA Agreement. The
    Commission therefore has no jurisdiction under
    Article 5 of the Regulation and/or Article 85 ( 3 ) of the
    EC Treaty and Article 53 ( 3 ) of the EEA Agreement to                Removal from the register of Case T-518/93 i 1 )
    impose the conditions .                                                                    95/C 119/56
    Alternatively,                                                                  (Language of the case: French)
                                                                     By order of 28 March 1995 the President of the Second
2. The Decision is founded on an incorrect and incomplete            Chamber ( Extended Composition) of the Court of First
    assessment of the facts, vitiated by manifest error of law       Instance of the European Communities ordered the removal
    in that the conditions are unnecessary for the purpose of        from the register of Case T-518/93 : Anton Durbeck GmbH
    rendering inapplicable Article 2 of the Regulation               v. Council of the European Union and Commission of the
    and/or Article 85 ( 1 ) of the EC Treaty and Article 53 ( 1 )    European Communities .
    of the EEA Agreement.
                                                                     (M OJ No C 188 , 10 . 7. 1993 .
3 . The conditions are not necessary and are
    disproportionate to any alleged restrictions on
    competition. The conditions are also uncertain in their
    application and unduly burdensome. Consequently, the                  Removal from the register of Case T-282/94 ( ] )
    protection of the imposition of the conditions offends                                   ( 95/C 119/57
    against the principles of Community law of the
    protection of legitimate expectations, proportionality                          (Language of the case: Dutch)
    and legal certainty.
                                                                     By order of 17 March 1995 the President of the Third
                                                                     Chamber Court of First Instance of the European
4 . In imposing the conditions, the Commission has                   Communities ordered the removal from the register of
    exceeded its competence and misused its powers by                Case T-282/94: La Société en Commandite Jurope v.
    extending to the Railways, in substance, the obligation          Commission of the European Communities .
    placed by Directive 91/440/EEC upon Eurotunnel as the
    infrastructure manager. The Commission has also                  (M OJ No C 304, 29 . 10 . 1994 .
    exercised its powers under Article 5 of the Regulation
    and/or Article 85 ( 3 ) of the EC Treaty and Article 53 ( 3 )
    of the EEA Agreement to matters governed by, and in a
    manner inconsistent with, Directive 91 /440/EEC. The                  Removal from the register of Case T-359/94 ( )
    imposition of the conditions is therefore both                                           ( 95/C 119/58 )
    discriminatory and unlawful.
                                                                                   (Language of the case: German)
5 . The Commission has acted in breach of essential
    procedural requirements and also in breach of                    By order of 22 March 1995 the President of the Fourth
    Article 190 of the EC Treaty and the principle of                Chamber ( Extended Composition) of the Court of First
    Community law of natural justice, thereby vitiating the          Instance of the European Communities ordered the removal
    Decision, in that the Commission:                                from the register of Case T-359/94: Schmidt + Clemens
                                                                     GmbH + Co ., Edelstahlwerke Kaiserau v. Commission of
                                                                     the European Communities.
    — failed to adduce evidence and to provide adequate
        reasons for the Decision,                                    (!) OJ No C 370, 24 . 12 . 1994 .