CELEX: C1997/199/63
Language: en
Date: 1997-06-28 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 14 May 1997 in Joined Cases T-70/92 and T-71/92: Florimex BV and Vereniging van Groothandelaren in Bloemkwekerijprodukten v. Commission of the European Communities (Competition - Decision rejecting a complaint sent to the complainants' lawyer's postoffice box - Calculation of time-limit for bringing an action - Compatibility with Article 2 of Regulation No 26 of a fee charged to external suppliers on floricultural products supplied to wholesalers established on the premises of a cooperative society of auctioneers - Statement of reasons)

No C 199/22             EN                    Official Journal of the European Communities                                  28 . 6 . 97
                                                        COURT OF FIRST INSTANCE
   JUDGMENT OF THE COURT OF FIRST INSTANCE                               Communities (Agents : initially, Franscisco Enrique
                           of 6 May 1997                                 Gonzalez Diaz and Guy Charrier, and subsequently
                                                                         Giuliano Marenco and Guy Charrier ) — action for
in Case T-169/95 : Agustin Quijano v. Commission of the                  damages based on the alleged failure of the Commission
                    European Communities (')                             to act, in so far as its failure to take a decision on a
(Officials — Sick leave — Medical certificate — Medical                  complaint submitted by the applicant has caused the latter
examination — Conclusions at variance with the medical                   damage — the Court of First Instance ( Second Chamber,
                                certificate)                             Extended Composition ), composed of: C. W. Bellamy,
                                                                         President, C. P. Briët and A. Kalogeropoulos, Judges; A.
                            ( 97/C 199/61 )                              Mair, Administrator, for the Registrar, has given a
                                                                         judgment on 6 May 1997, in which it:
                 (Language of the case: French)
                                                                         1 . dismisses the claims for compensation as inadmissible;
In Case T-169/95 : Agustin Quijano, an official of the
Commission of the European Communities, represented
by Jean-Noel Louis, Thierry Demaseure and Ariane                         2 . orders the applicant to pay the costs, including those
Tornel, of the Brussels Bar, with an address for service in                   relating to the proceedings concerning the claim for a
Luxembourg at the offices of Fiduciaire Myson Sari , 30                       declaration of failure to act.
Rue de Cessange, against Commission of the European
 Communities ( Agents: Ana Maria Alves Vieira and                        (') OJ No C 333 , 9 . 12 . 1995 .
Alberto Dal Ferro ) — application for the annulment of a
 decision of 21 September 1994, by which the Commission
treated as unauthorized the applicant's absence from
 8 August to 23 August 1994 and imputed 10 days against
 his annual leave entitlement — the Court of First Instance
 ( Second Chamber ), composed of: C. W. Bellamy,                            JUDGMENT OF THE COURT OF FIRST INSTANCE
 President, A. Kalogeropoulos and R. M. Moura Ramos,
Judges; A. Mair, Administrator, for the Registrar, has                                             of 14 May 1997
 given a judgment on 6 May 1997, the operative part of                   in Joined Cases T-70/92 and T-71/92 : Florimex BV and
 which is as follows :                                                   Vereniging van Groothandelaren in Bloemkwekerijproduk­
                                                                              ten v. Commission of the European Communities ( 1 )
 1 . The decision of 21 September 1994, by which the                      (Competition — Decision rejecting a complaint sent to the
       Commission treated as unauthorized the applicant 's                complainants ' lawyer's postoffice box — Calculation of
       absence from 8 August to 23 August 1 994 and                       time-limit for bringing an action — Compatibility with
       imputed 10 days against his annual leave entitlement,              Article 2 of Regulation No 26 of a fee charged to external
       is annulled.
                                                                          suppliers on floricultural products supplied to wholesalers
                                                                          established on the premises of a cooperative society of
 2 . The Commission is ordered to pay the costs.                                      auctioneers — Statement of reasons)
  (') OJ No C 299 , 11 . 11 . 1995 .
                                                                                                     ( 97/C 199/63 )
                                                                                          (Language of the case: Dutch)
                                                                          In Joined Cases T-70/92 and T-71 /92 : Florimex BV and
                                                                          Vereniging van Groothandelaren in Bloemkwekerijproduk­
    JUDGMENT OF THE COURT OF FIRST INSTANCE                               ten, established in Aalsmeer ( Netherlands ), represented
                            of 6 May 1997                                 initially by D. J. Gijlstra, of the Amsterdam Bar, then by
                                                                          J. A. M. P. Keijser, of the Nijmegen Bar, with an address
  in Case T-195/95 : Guérin Automobiles v. Commission of
                                                                          for service in Luxembourg care of Stanbrook and Hooper,
                  the European Communities ( 1 )                          at the Chambers of A. Kronshagen, 12 Boulevard de la
     (Competition — Action for damages — Inadmissibility)                 Foire, against Commission of the European Communities
                                                                          ( Agent: B. J. Drijber ), supported by Cooperatieve Vereni­
                              ( 97/C 199/62 )                             ging De Verenigde Bloemenveilingen Aalsmeer ( VBA ) BA,
                                                                          established in Aalsmeer, represented by G. van der Wal, a
                  (Language of the case: French)                          lawyer with right of audience before the Hoge Raad der
                                                                          Nederlanden, with an address for service in Luxembourg
  In Case T- 195/95 : Guérin Automobiles, with its registered             at the Chambers of A. May, 31 Grand Rue — application
  office at Alençon ( France ), represented by Jean-Claude                for the annulment of the Commission Decision ( IV/32.751
  Fourgoux, of the Paris Bar, with an address for service in              — Florimex/Aalsmeer II and IV/32.990 — VGB/Aalsmeer )
  Luxembourg at the Chambers of Pierrot Schiltz, 4 Rue                    notified to the applicants by letter SG(92)D/8782 of 2 July
  Beatrix de Bourbon, against Commission of the European                   1992, rejecting the applications which they had each made
 ---pagebreak--- 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