CELEX: C1997/199/65
Language: en
Date: 1997-06-28 00:00:00
Title: ORDER OF THE COURT OF FIRST INSTANCE (Fourth Chamber, Extended Composition) of 14 March 1997 in Case T-25/96: Arbeitsgemeinschaft Deutscher Luftfahrt-Unternehmen and Others v. Commission of the European Communities (Action for annulment - Contested decision withdrawn in the course of proceedings - No need to give a decision)

28 . 6 . 97           EN                  Official Journal of the European Communities                                No C 199/23
under Article 3 (2 ) of Council Regulation No 17 of                  Drijber), supported by Cooperatieve Vereniging De Ver­
6 February 1962, First Regulation implementing                       enigde Bloemenveilingen Aalsmeer (VBA ) BA, established
Articles 85 and 86 of the Treaty ( OJ, English Special               in Aalsmeer, represented by G. van der Wal, a lawyer with
Edition 1959-62, p. 87 ) — the Court of First Instance               right of audience before the Hoge Raad der Nederlanden,
( Second Chamber, Extended Composition ), composed                   with an address for service in Luxembourg at the
of: B. Vesterdorf, President, C. W. Bellamy and                      Chambers of A. May, 31 Grand Rue — application for
A. Kalogeropoulos, Judges; J. Palacio Gonzalez,                      the annulment of the decision allegedly contained in the
Administrator, for the Registrar, has given a judgment on            Commission's letter of 20 December 1993 relating to
14 May 1997, in which it:                                            Cases IV/32.751 — Florimex/Aalsmeer II, IV/32.990 —
                                                                     VGB/Aalsmeer, IV/33.190 — Inkoop Service and M. Ver­
                                                                     haar BV/Aalsmeer, IV/32.835 — Cultra and IV/33.624 —
1 . annuls the Commission decision notified to the                   Bloemveilingen Aalsmeer III — the Court of First Instance
     applicants by letter SG(92)D/8782 of 2 July 1992;               ( Second Chamber, Extended Composition ), composed
                                                                     of: B. Vesterdorf, President, C. W. Bellamy and
                                                                     A. Kalogeropoulos, Judges; J. Palacio Gonzalez,
2.   orders the Commission to bear its own costs and to              Administrator, for the Registrar, has given a judgment on
     pay the applicants ' costs;                                     14 May 1997, in which it:
                                                                     1.   annuls the Commission 's decision contained in its
3 . orders the intervener to bear its own costs and to pay                letter of 20 December 1993 concerning Cases IV/
     the costs incurred by the applicants as a result of its              32.751 — Florimex/Aalsmeer II, IV/32.990 — VGB/
     intervention .
                                                                          Aalsmeer, IV/33.190 — Inkoop Service and M. Ver­
                                                                          haar BV/Aalsmeer, IV/32.835 — Cultra and IV/33.624
(') OJ No C 278 , 27. 10 . 1992 .                                         — Bloemenveilingen Aalsmeer III to the extent to
                                                                          which it rejects the applicants ' complaints that the
                                                                          intervener's type I, II and III trade agreements infringe
                                                                          Article 85 (1 ) of the Treaty;
                                                                     2 . dismisses the remainder of the application;
  JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                     3 . orders the parties to bear their own costs.
                       of 14 May 1997
in Case T-77/94: Vereniging van Groothandelaren in                   O OJ No C 103 , 11 . 4 . 1994 .
Bloemkwekerijprodukten and Others v. Commission of
                the European Communities ( ] )
(Competition — Closure of procedure on a complaint in
the absence of a response by the complainants within the
time-limit notified to them — Compatibility with                          ORDER OF THE COURT OF FIRST INSTANCE
Article 85 (1 ) of the EC Treaty of a fee levied on suppliers
who have concluded agreements relating to the delivery of                      ( Fourth Chamber, Extended Composition)
floricultural products to undertakings established on the                                   of 14 March 1997
premises of a cooperative auction society — Compatibility
with Article 85 (1 ) of the EC Treaty of an exclusive                in Case T-25/96: Arbeitsgemeinschaft Deutscher Luftfahrt
purchase obligation accepted by certain wholesalers                  Unternehmen and Others v. Commission of the European
reselling such products to retailers in a specific trading                                    Communities ( ] )
area forming part of the same premises — Discrimination              (Action for annulment — Contested decision withdrawn
— Effect on trade between Member States — Assessment
                                                                     in the course of proceedings — No need to give a
by reference to a body of rules taken as a whole — Lack                                            decision)
                     of appreciable effect)
                                                                                               ( 97/C 199/65 )
                          ( 97/C 199/64 )
                                                                                     (Language of the case: German)
                (Language of the case: Dutch)
                                                                     In Case T-25/96 : Arbeitsgemeinschaft Deutscher Luftfahrt
                                                                     Unternehmen, established in Bonn, composed of the
In Case T-77/94 : Vereniging van Groothandelaren in                  following: — Aero Lloyd Flugreisen GmbH & Co Luftver­
Bloemkwekerijprodukten, Florimex BV, Inkoop Service                  kehrs-KG, having its registered office in Oberursel
Aalsmeer BV and M. Verhaar BV, established in Aalsmeer               ( Germany ), — Air Berlin GmbH & Co Luftverkehrs-KG,
( Netherlands ), represented by J. A. M. P. Keijser, of the          having its registered office in Berlin ( Germany), — Condor
Nijmegen Bar, with an address for service in Luxembourg              Flugdienst GmbH, having its registered office in Kelster­
care of Stanbrook and Hooper, at the Chambers of A.                  bach ( Germany ), — Germania Fluggesellschaft mbH,
Kronshagen , 12 Boulevard de la Foire, against                       having its registered office in Berlin ( Germany), — Hapag
Commission of the European Communities ( Agent: B. J.                Lloyd Fluggesellschaft mbH, having its registered office in
 ---pagebreak--- No C 199/24             EN                  Official Journal of the European Communities                                  28 . 6 . 97
Langenhagen ( Germany ), — LTU Lufttransport Unterneh­                 1 . The application for interim measures is dismissed.
men GmbH & Co KG, having its registered office in
Düsseldorf ( Germany ) and Hapag-Lloyd Fluggesellschaft                2.   The costs are reserved.
mbH, having its registered office in Langenhagen
( Germany ), in its own behalf, represented by Gerrit
Schohe and Philipp von Dietze, Rechtsanwälte in Ham­
burg, with an address for service in Luxembourg at the
Chambers of Marc Baden, 24, rue Marie-Adelaide, against
Commission of the European Communities (Agents:                             ORDER OF THE COURT OF FIRST INSTANCE
Anders Jessen, Paul Nemitz and Georg M. Berrisch ) —
                                                                                                of 2 May 1997
application for the annulment of Decision C(95 ) 3319
final of the Commission of 29 November 1995 concerning                 in Case T-90/96: Automobiles Peugeot SA v. Commission
fiscal aid in the field of depreciation favouring German                             of the European Communities ( ] )
undertakings — the Court of First Instance ( Fourth                    (Competition — Action for annulment — Objection of
Chamber, Extended Composition), composed of K.                                                  inadmissibility)
Lenaerts, President, P. Lindh, J. Azizi, J. D. Cooke and M.
Jaeger, Judges; H. Jung, Registrar, made an order on                                             { 97/C 199/67)
 14 March 1997, the operative part of which is as follows:
                                                                                       (Language of the case: French)
 1 . There is no need to give a decision.
                                                                       In Case T-90/96 : Automobiles Peugeot SA, established in
1 . The Commission shall pay all the costs.                            Paris, represented by Xavier de Roux, of the Paris Bar,
                                                                       with an address for service in Luxembourg at the
 (') OJ No C 145 , 18 . 5 . 1996 .                                     Chambers of Jacques Loesch, 8 Rue Zithe, v. Commission
                                                                       of the European Communities ( Agents: initially, Francisco
                                                                       Enrique Gonzalez Diaz and Guy Charrier and,
                                                                       subsequently, Guy Charrier alone ) — application for
                                                                       annulment of four letters from the Commission dated 3
                                                                        and 22 April 1996 purporting to reject requests by the
                 ORDER OF THE PRESIDENT                                 applicant that confidential treatment be accorded to
            OF THE COURT OF FIRST INSTANCE                             certain information supplied to the Commission in the
                         of 21 March 1997                              context of Article 11 of Regulation No 17 of the Council
                                                                        of 6 February 1962 : First Regulation implementing
 in Case T-79/96 R: CAMAR S.r.l . v. Commission of the                  Articles 85 and 86 of the Treaty ( OJ, English Special
                     European Communities                               Edition 1956-1962, p. 87) — the Court of First Instance
  (Organization of the common market — Bananas —                        ( Second Chamber ), composed of C. W. Bellamy, President,
 Application for interim measures — Request for delivery                and A. Kalogeropoulos and P. Lindh, Judges; H. Jung,
                       of import certificates)                          Registrar, made an order on 2 May 1997, the operative
                                                                        part of which is as follows:
                             97/C 199/66 )
                                                                        1 . The application is dismissed as inadmissible.
                  (Language of the case: Italian)
 In Case T-79/96 R: CAMAR S.r.l ., established in Florence,             2. The applicant is ordered to pay the costs.
 represented by Wilma Viscadini Dona, Mariano Paolin
  and Simonetta Dona, of the Padua Bar, with an address                 O OJ No C 233 , 10 . 8 . 1996 .
  for service in Luxembourg at the Chambers of Ernest
  Arendt, 8-10, rue Mathias Hardt, supported by Italian
  Republic ( Agents: Umberto Leanza and Pier Giorgio
  Ferri ), against Commission of the European Communities
  (Agent: Eugenio de March ), supported by French Republic
  ( Agents : Frederic Pascal and Catherine de Salins ) —                     ORDER OF THE COURT OF FIRST INSTANCE
  application brought under Article 186 of the EC Treaty                                       (Third Chamber)
  requesting the President of the Court of First Instance to                                  of 26 March 1997
  order the Commission to deliver to Camar, in respect of
  1997, certificates for the importation of bananas from                       in Case T-l 19/96: X v. European Parliament (')
  third countries and non-traditional ACP countries, for a               (Officials — Action for annulment — Prior administrative
  quantity equal to the difference between the quantity of                         complaint — Objection on admissibility)
  Somalian bananas which it may import and that which it
  imported during 1988 , 1989 and 1990 and, in the                                                 ( 97/C 199/68 )
  alternative, for all other measures which it may consider
  appropriate to prevent Camar from suffering irreparable                               (Language of the case: French)
  harm before judgment is delivered in the main proceedings
  — the President of the Court of First Instance made an                 In Case T-l 19/96 : X, official of the European Parliament,
  order on 21 March 1997, the operative part of which is as              residing in Brussels, represented by Jean-Noel Louis,
  follows :                                                              Thierry Demaseure and Ariane Tornel, of the Brussels Bar,