CELEX: C1997/228/60
Language: en
Date: 1997-07-26 00:00:00
Title: Action brought on 11 June 1997 by the Netherlands Antilles against the Council of the European Union (Case T-179/97)

26 . 7. 97                 EN                     Official Journal of the European Communities                               No C 228/25
The selection criteria laid down in Regulation (EEC )                        Action brought on 6 June 1997 by Jean-Claude Baiwir
No 866/90, by means of Decision 90/342/EEC ( 2), exclude                        against the Commission of the European Communities
EAGGF financing except for investments carried out 'in                                                 ( Case T-l 74/97)
units of small size '. The contested decision excluded the
grant of aid on the ground that the applicant undertaking                                                ( 97/C 228/59 )
did not fall into that category since its annual production
level exceeded 20 000 tonnes .
                                                                                             (Language of the case: French)
First of all, the applicant alleges infringement of                          An action against the Commission of the European
Article 8 ( 3 ) of Regulation ( EEC ) No 866/90 and breach                   Communities was brought before the Court of First
of the principle of legal certainty. In its opinion,                         Instance of the European Communities on 6 June 1997 by
when restricting financing for projects submitted by                         Jean-Claude Baiwir, resident in Court St Etienne, Belgium,
undertakings which were 'units of small size', the                           represented by Nicolas Lhoest, of the Brussels Bar, with an
Commission failed to specify what was to be understood                       address for service in Luxembourg at Fiduciaire Myson
by that term. It was, on the contrary, legitimate to                         Sari, 30 Rue de Cessange.
consider, as did both the applicant and the national
authority, that undertakings should be classified as being
'of small size' on the basis of the usual criteria relating to               The applicant claims that the Court should:
the number of employees and turnover. If the defendant
wishes to adopt criteria for the classification of small
undertakings other than the usual ones, by concentrating                     — annul the Commission decision of 31 July 1996
on the volume of production, it ought to have followed                            rejecting the applicant's request that it give
the procedure provided for in Article 29 of Regulation                            consideration to the possible application of
( EEC ) No 4253/88 (3 ), as required by Article 8 ( 3 ) of                        Article 31 ( 2 ) of the Staff Regulations,
Regulation ( EEC ) No 866/90 . Moreover, those criteria
ought to have been brought in advance to the attention
                                                                             — order the defendant to pay the costs .
not only of the Member States but also of interested
parties, by means of publication in the Official Journal of
the European Communities. On this point, the applicant                       Pleas in law and main arguments adduced in support:
refers to paragraph 37 et seq. of the judgment of the
Court of First Instance in Case T-478/93 Wafer Zoo v.
Commission (4 ) [ 1995] ECR 11-1482 concerning a similar                     The pleas in law and main arguments are similar to those
dispute.                                                                     relied on in Case T-l 6/97 I 1 ).
                                                                             (') OJ No C 74, 8 . 3 . 1997, p . 27.
Second, the applicant points out the contradictions in the
reasons stated for the contested decision. Thus, on the one
hand, the Commission asserts that the applicant's project
was rejected because it was submitted by an undertaking
whose production exceeded 20 000 tonnes. On the other
hand, the same communication states that an undertaking
with a production volume within that limit cannot be                         Action brought on 11 June 1997 by the Netherlands
accepted because 'with regard to dried medicinal herbs, in                        Antilles against the Council of the European Union
view of existing overcapacity and the difficulties on the                                              ( Case T-l 79/97)
market, it will not be possible to finance any project in the
dried-fodder sector'.                                                                                    ( 97/C 228/60 )
f 1 ) Council Regulation ( EEC ) No 866/90 of 20 March 1990 on                                (Language of the case: Dutch)
      improving the processing and marketing conditions for
      agricultural products ( OJ No L 91 , 6 . 4 . 1990 , p. 1 ).
(2 ) Commission Decision 90/342/EEC of 7 June 1990 on the                    An action against the Council of the European Union was
      selection criteria to be adopted for investments for improving         brought before the Court of First Instance of the European
      the processing and marketing conditions for agricultural and           Communities on 11 June 1997 by the Netherlands
      forestry products ( OJ No L 163 , 29 . 6 . 1990 , p. 71 ).             Antilles, represented by R V. F. Bos and M. M. Slotboom,
( 3 ) Council Regulation ( EEC ) No 4253/88 of 19 December 1988
                                                                             of the Rotterdam Bar, with an address for service in
      laying down provisions for implementing Regulation ( EEC )
      No 2052/88 as regards coordination of the activities of the            Luxembourg at the Chambers of Loesch & Wolter, 11
      different Structural Funds between themselves and with the             Rue Goethe .
      operations of the European Investment Bank and the other
      existing financial instruments ( OJ No L 374, 31 . 12 . 1988 ,
      p. 1 .                                                                 The applicant claims that the Court should:
(4 ) Case T-478/93 Wafer Zoo v. Commission [ 1995 ] ECR 11-1482 .
                                                                             — annul Council Regulation No 1036/97 of 2 June 1997
                                                                                  introducing safeguard measures in respect of imports
 ---pagebreak--- No C 228/26              EN               Official Journal of the European Communities                                     26 . 7 . 97
      of rice originating in the overseas countries and                       Removal from the register of T-143/95 (')
      territories ( J ),                                                                        ( 97/C 228/61 )
— order the Council to pay the costs of the case .                                 (Language of the case: German)
Pleas in law and main arguments adduced in support:                  By order of 27 May 1997 the President of the First
                                                                     Chamber of the Court of First Instance of the European
The pleas in law and main arguments are identical to                 Communities has ordered the removal from the register of
those in Case T-163/97 (2 ).                                         Case   T-143/95 :     Werner     Haberer   v. Council   of the
                                                                     European Union and Commission of the European
(') OJ No L 151 , 10 . 6 . 1997, p . 8 .                             Communities .
( 2 ) OJ No C 212, 12 . 7 . 1997, p. 31 .
                                                                     (') OJ No C 229 , 2 . 9 . 1995 .