CELEX: C1997/199/89
Language: en
Date: 1997-06-28 00:00:00
Title: Action brought on 30 April 1997 by J. M. M. Bakkers against the Council of the European Union and the Commission of the European Communities (Case T-146/97)

No C 199/38                EN                    Official Journal of the European Communities                                   28 . 6 . 97
is liable for the loss of income which he has consequently                  residing at Beek ( Netherlands ), represented by E. H.
suffered and may suffer in the future, since, had he been                   Pijnacker Hordijk, of the Amsterdam Bar, with an address
in possession of a quota at the time of relocating his                      for service in Luxembourg at the Chambers of L. Frieden,
business activities, he could have transferred it to his new                62 Avenue Guillaume .
holding.
                                                                            The applicant claims that the Court should :
(') Commission Regulation ( EEC ) No 1546/88 of 3 June 1988
    laying down detailed rules for the application of the additional        — order the Community to pay to the applicant the sum
    levy referred to in Article 5c of Regulation ( EEC ) No 804/68
    ( OJ No L 139, 4 . 6 . 1988 , p. 12 ), as amended by Commission              of Fl 120 559 ( namely, the amount resulting from the
    Regulation ( EEC ) No 1033/89 of 20 April 1989 ( OJ No L 110,                application of Regulation ( EEC ) No 2187/93 ),
    21 . 4 . 1989 , p. 27 ).                                                     together with an amount corresponding to the damage
                                                                                 sustained by the applicant in respect of tax
                                                                                 disadvantages, monetary depreciation and loss of
                                                                                 income, and interest on the principal sum at the rate
                                                                                 of 8 % per annum from 19 May 1992 until the date of
                                                                                 payment in full,
Action brought on 29 April 1997 by C. de Keijzer against
                       the European Community                               — order the Community to pay the costs .
                             ( Case T-144/97 )
                                ( 97/C 199/87 )
                                                                            Pleas in law and main arguments adduced in support:
                    (Language of the case: Dutch)                           The pleas in law and main arguments are the same as in
                                                                            Case T-532/ 93 .
An action against the European Community was brought
 before the Court of First Instance of the European
 Communities on 29 April 1997 by C. de Keijzer, residing
 at Noordgouwe ( Netherlands ), represented by E. H.
 Pijnacker Hordijk, of the Amsterdam Bar, with an address
 for service in Luxembourg at the Chambers of L. Frieden,                   Action brought on 30 April 1997 by J. M. M. Bakkers
 62 Avenue Guillaume .                                                      against the Council of the European Union and the
                                                                                       Commission of the European Communities
 The applicant claims that the Court should:                                                        ( Case T-146/97 )
 — order the Community to pay to the applicant the sum                                                ( 97/C 199/ 89 )
      of Fl 118 995 ( namely, the amount resulting from the
      application of Regulation ( EEC ) No 2187/93 ),                                         (Language of the case: Dutch)
      together with an amount corresponding to the damage
      sustained by the applicant in respect of tax                           An action against the European Community was brought
      disadvantages, monetary depreciation and loss of                       before the Court of First Instance of the European
      income, and interest on the principal sum at the rate                  Communities on 30 April 1997 by J. M. M. Bakkers,
      of 8 % per annum from 19 May 1992 until the date of                    residing at Diessen (Netherlands ), represented by A. A. M.
      payment in full ,                                                      Beek, of the Tilburg Bar.
 — order the Community to pay the costs .                                    The applicant claims that the Court should:
 Pleas in law and main arguments adduced in support:                         — declare that the European Economic Community is
                                                                                  liable in damages to the applicant,
 The pleas in law and main arguments are the same as in
 Case T-532/93 .
                                                                             — declare that the European Economic Community is
                                                                                  liable to the applicant for the loss of income suffered
                                                                                  by him as a result of the application of Council
                                                                                  Regulation ( EEC ) No 857/84 of 31 March 1984 and
                                                                                  of Council Regulation ( EEC ) No 764/89 of 20 March
                                                                                  1989 amending Regulation ( EEC ) No 857/84,
 Action brought on 29 April 1997 by J. P. W. Vrencken                             inasmuch as those regulations contain(ed ) no provision
                 against the European Community                                   enabling a representative reference quantity to be
                              ( Case T-145 /97 )                                  granted to SLOM transferees who, pursuant to an
                                  97/C 199/ 88 )                                  undertaking given in accordance with Council
                                                                                  Regulation ( EEC ) No 1078/77, did not supply any
                     (Language of the case: Dutch)                                milk during the reference year selected by the Member
                                                                                  State concerned,
 An action against the European Community was brought
  before the Court of First Instance of the European                         — declare that the applicant has suffered a loss of income
  Communities on 29 April 1997 by J. P. W. Vrencken,                              amounting to the difference between, on the one hand,
 ---pagebreak--- 28 . 6 . 97            EN                    Official Journal of the European Communities                                  No C 199/39
     the revenue — including inter alia income from sales                    No L 22, 24 . 1 . 1997, p. 1 ) in so far as it concerns the
     and additions to his herd — which he would in the                       applicants, and
     ordinary course of events have received from the
     quantities of milk that he would have delivered if,                — order the Council to bear the costs of this proceeding.
     during the period from 1 April 1984 (the date on
     which Regulation ( EEC ) No 857/84 entered into force )            Pleas in law and main arguments adduced in support:
     and 31 March 1994 ( the date of expiry of the 1993/94
     levy period ), had he been in possession of the milk               Champion Stationery Mfg Co . Ltd and Sun Kwong Metal
     reference quantity to which he was entitled, and, on               Manufacturer Co . Ltd produce ring binder mechanisms in
     the other hand, the income which he actually received              the People's Republic of China . Both companies sell ring
     during that period,                                                binder mechanisms to a related company in the United
                                                                        States, US Ring Binder Corporation which resells them to
— declare that interest at the rate of 8 % per annum, or                the Community.
     such other rate as the Court shall in its discretion
     think fit, is payable to the applicant on the                      On 20 January 1997, the Council adopted the contested
     compensation due to him, covering the period from                  Regulation, which set the definitive anti-dumping duty on
     the date of delivery of the Court's judgment to the                imports from the People's Republic of China at 39,4 per
     date of payment in full,                                           cent except for imports from World Wide Stationery
                                                                        which were subject to a definitive duty of 32,5 per cent.
— order the defendants to pay the costs.
                                                                        The applicants claim that, by failing to provide definitive
                                                                        disclosure, the Community institutions have denied them
Pleas in law and main arguments adduced in support:
                                                                        an opportunity to be effectively heard. The adoption of a
                                                                        significantly higher duty without any prior definitive
On 18 February 1994, the applicant, who in 1982 had                     disclosure and opportunity to comment resulted,
taken a lease of a SLOM holding the SLOM undertaking                    corresponding to the jurisprudence of the Court of Justice
in respect of which expired on 9 June 1984, was granted a               of the European Communities, in a denial of the
milk quota pursuant to Regulation ( EEC ) No 2055/93 (');               applicants' fundamental right to be informed of the facts
however, he was unable to use that quota until the                      and considerations on the basis of which the authority is
commencement of the 1994/95 levy period .                               minded to act. The Community Institutions have failed to
                                                                        make every effort to provide the applicants with
(') Council Regulation ( EEC ) No 2055/93 of 19 July 1993               information relevant to the defence of its interests .
    allocating a special reference quantity to certain producers of
    milk and milk products ( OJ No L 187, 29 . 7. 1993 , p. 8 ).        For the above reasons, the contested Regulation should be
                                                                        annuled, since the Community institutions have failed to
                                                                        comply with fundamental procedural rules in violation
                                                                        with Community law which affect its validity.
Action brought on 30 April 1997 by Champion Stationery
Mfg Co. Ltd., Sun Kwong Metal Manufacturer Co. Ltd
and US Ring Binder Corporation against the Council of
                       the European Union                               Action brought on 5 May 1997 by David T. Keeling
                         ( Case T-147/97)                               against the Office for Harmonization in the Internal
                                                                                     Market (Trade Marks and Designs )
                           ( 97/C 199/90 )
                                                                                                ( Case T-148/97 )
                 (Language of the case: English)                                                  ( 97/C 199/91 )
                                                                                        (Language of the case: English)
An action against the Council of the European Union was
brought before the Court of First Instance of the European               An action against the Office for Harmonization in the
Communities on 30 April 1997 by Champion Stationery                      Internal Market (Trade Marks and Designs ) was brought
Mfg Co. Ltd, Sun Kwong Metal Manufacturer Co. Ltd                        before the Court of First Instance of the European
and US Ring Binder Corporation, represented by Richard                   Communities on 5 May 1997 by David T. Keeling,
Luff, of Van Bael & Bellis, with an address for service in
                                                                         represented by Professor A. A. Dashwood, instructed by
Luxembourg at the Chambers of Loesch & Wolter, 11 , rue                  Edward Lewis with an address for service in Luxembourg
 Goethe .
                                                                         at the Chambers of Arsene Kronshagen, 22 , rue Marie
                                                                         Adelaide .
The applicants claim that the Court should :
                                                                         The applicant claims that the Court should:
— annul Council Regulation ( EC ) No 119/97 of
      20 January 1997 imposing a definitive anti-dumping                 — annul Decision No ADM-97-3 of the President of
      duty on imports of ring binder mechanisms originating                   the Office of 21 February 1997 concerning the
      in Malaysia and the People's Republic of China ( OJ                     organization of the Boards of Appeal, as revised on