CELEX: C1999/333/49
Language: en
Date: 1999-11-20 00:00:00
Title: Removal from the register of Case C-338/96

20.11.1999              EN                   Official Journal of the European Communities                                    C 333/21
Communities in case T-14/98 between Heidi Hautala, Member                     Removal from the register of Case C-316/98 P (1)
of the European Parliament, supported by the Republic of
Finland and the Kingdom of Sweden, and the Council of the                                        (1999/C 333/46)
European Union, supported by the French Republic, was
brought before the Court of Justice of the European Communi-            By order of 2 February 1999 the President of the Court of
ties on 22 September 1999 by the Council of the European                Justice of the European Communities has ordered the removal
Union, represented by Mrs Jill Aussant, Director, Mr Giorgio            from the register of Case C-316/98 P: Union Européenne de
Maganza, Director, and Mr Martin Bauer, Legal Adviser, acting           l’Artisanat et des Petites et Moyennes Entreprises (UEAPME) v
as agents, with an address for service in Luxembourg at the             Council of the European Communities.
office of Mr Alessandro Morbilli, Director of the Legal Affairs
Directorate of the European Investment Bank, 100 Boulevard
Konrad Adenauer, Kirchberg.                                             (1) OJ C 312 of 10.10.1998.
The Appellant claims that the Court should:
— set aside the decision of the Court of First Instance of
      19 July 1999 by which it:
                                                                               Removal from the register of Case C-335/98 (1)
      — annuls the Council’s decision of 4 November 1997
          refusing the Respondent access to the report of the                                    (1999/C 333/47)
          Working group on Conventional Arms Exports;
                                                                        By order of 21 May 1999 the President of the Court of Justice
                                                                        of the European Communities has ordered the removal from
      — orders the Council to pay the costs of the proceedings;         the register of Case-335/98: Commission of the European
                                                                        Communities v Italian Republic.
— decide to give final judgment in the matter, dismiss the
      Application at First Instance as unfounded and order the          (1) OJ C 327 of 24.10.1998.
      Applicant at First Instance to pay the costs of the
      proceedings before the Court of First Instance;
— decide on the costs of this appeal as it sees fit.
                                                                               Removal from the register of Case C-388/98 (1)
Pleas in law and main arguments
                                                                                                 (1999/C 333/48)
The Council’s appeal is based on the ground that the Court of
First Instance committed a fundamental error of law in                  By order of 11 June 1999 the President of the Court of Justice
interpreting Article 4(1) of the decision (2) on public access to       of the European Communities has ordered the removal from
Council documents as legally requiring the Council to consider          the register of Case C-388/98: Commission of the European
whether access should be given to parts of a document to                Communities v Hellenic Republic.
which access is requested.
                                                                        (1) OJ C 397 of 19.12.1998.
According to the Council, the Court of First Instance:
i)    incorrectly construed the legal effect of the decision on
      public access to Council documents;
ii) misconstrued the objective of the decision on public access                Removal from the register of Case C-338/96 (1)
      to Council documents;
                                                                                                 (1999/C 333/49)
iii) misapplied the principle of proportionality.
                                                                        By order of 21 June 1999 the President of the Court of Justice
                                                                        of the European Communities has ordered the removal from
                                                                        the register of Case C-338/96 (reference for a preliminary
(1) OJ C 72, 7.3.1998, p. 27.                                           ruling from Genova): Ignazio Messina & C. SpA v Amministra-
(2) Council Decision 93/731/EC of 20.12.1993 (OJ L 340,                 zione delle Finanze dello Stato.
     31.12.1993, p. 43).
                                                                        (1) OJ C 370 of 7.12.1996.