CELEX: C1998/340/42
Language: en
Date: 1998-11-07 00:00:00
Title: ORDER OF THE COURT OF FIRST INSTANCE of 9 September 1998 in Case T-269/97: Azienda Agricola Tre e Mezzo v. Commission of the European Communities (Agriculture - Action for annulment of a regulation having general application - Inadmissibility)

7.11.98               EN                  Official Journal of the European Communities                                 C 340/21
     ORDER OF THE COURT OF FIRST INSTANCE                            of publication of the decision and for damages in respect
                      (Fourth Chamber)                               of the losses incurred as a result thereof, the Court
                                                                     (Second Chamber) composed of: A. Kalogeropoulos,
                        of 15 July 1998                              President, C. W. Bellamy and J. Pirrung, Judges; Registrar:
in Case T-115/94 (92): Opel Austria GmbH v. Council of               H. Jung, made an order on 15 September 1998, the
                   the European Union (1)                            operative part of which is as follows:
                      (Taxation of costs)                            1. the application is dismissed;
                         (98/C 340/39)
                                                                     2. the applicant is ordered to pay the costs.
               (Language of the case: English)
                                                                     (1) OJ C 229 of 2.9.1995.
In Case T-115/94 (92): Opel Austria GmbH, formerly
General Motors Austria GmbH, whose registered office is
in Vienna, represented by Dirk Vandermeersch, of the
Brussels Bar, and Till Müller-Ibold, Rechtsanwalt,
Frankfurt am Main, with an address for service in                         ORDER OF THE COURT OF FIRST INSTANCE
Luxembourg at the Chambers of Arendt and Medernach,                                      of 21 September 1998
8Ð10 rue Mathias Hardt, against Council of the
                                                                     in Case T-237/97: Nicolaos Progoulis v. Commission of
European Union (Agents: Bjarne Hoff-Nielsen, Hans-
                                                                                     the European Communities (1)
Jürgen Rabe and Georg M. Berrisch) Ð application for
taxation of costs made following the judgment of the                                    (Manifest inadmissibility)
Court of First Instance of 22 January 1997 in Case T-115/
                                                                                              (98/C 340/41)
94 Opel Austria v. Council [1997] ECR II-39 Ð the Court
of First Instance (Fourth Chamber), composed of: P.
                                                                                    (Language of the case: French)
Lindh, President, K. Lenaerts and J. D. Cooke, Judges; H.
Jung, Registrar, made an order on 15 July 1998, the                  In Case T-237/97: Nicolaos Progoulis, an official of the
operative part of which is as follows:                               Commission of the European Communities, residing in
                                                                     Brussels, represented by Vassilis Akritidis and
The total amount of the costs to be paid by the Council to           Konstantinos Adamantopoulos, of the Athens Bar, with an
the applicant is fixed at BFR 4 000 000.                             address for service in Luxembourg at the Chambers of
                                                                     ArseÁne Kronshagen, 12 Boulevard de la Foire, v.
(1) OJ C 132 of 14.5.1994.                                           Commission of the European Communities (Agents:
                                                                     Gianluigi Valsesia, Julian Currall and Florence Clotuche)
                                                                     Ð application for annulment of the Commission's
                                                                     decision of 13 May 1997 rejecting the applicant's
                                                                     complaint against the decision rejecting his request for a
                                                                     review of his classification Ð the Court of First Instance
     ORDER OF THE COURT OF FIRST INSTANCE                            (First Chamber), composed of: B. Vesterdorf, President,
                    of 15 September 1998                             and J. Pirrung and P. Mengozzi, Judges; H. Jung,
                                                                     Registrar, made an order on 21 September 1998, the
in Case T-136/95, Industria del Frio Auxiliar Conservera
                                                                     operative part of which is as follows:
 SA against Commission of the European Communities (1)
(Health policy Ð Protective measures Ð Decision 95/119/              1. the application is dismissed as manifestly inadmissible;
EC Ð Principle of legal certainty Ð Principle of the
protection of legitimate expectations Ð Principle of                 2. the applicant shall bear his own costs.
proportionality Ð Principle of equal treatment Ð
         Statement of reasons Ð Misuse of powers)                    (1) OJ C 7 of 10.1.1998.
                         (98/C 340/40)
              (Language of the case: Spanish)
                                                                          ORDER OF THE COURT OF FIRST INSTANCE
In Case T-136/95, Industria del Frio Auxiliar Conservera
SA, established in Bermeo (Spain), represented by Ignacio                                 of 9 September 1998
SaÂenz-Cortabarría FernaÂndez and Marta Morales Isasi, of            in Case T-269/97: Azienda Agricola Tre e Mezzo v.
the Vizcaya Bar, with an address for service in                             Commission of the European Communities (1)
Luxembourg at the Chambers of Guy Harles, 8Ð10 rue
Mathias Hardt, against the Commission of the European                (Agriculture Ð Action for annulment of a regulation
Communities (Agents: JoseÂ Luis Iglesias Buhigues and                       having general application Ð Inadmissibility)
Blanca Vila Costa), relating to an application for                                            (98/C 340/42)
annulment of Commission Decision 95/119/EC of 7 April
1995 concerning certain protective measures with regard                              (Language of the case: Italian)
to fishery products originating in Japan (OJ L 80 of
8.4.1995, p. 56) to the extent that those measures relate            In Case T-269/97: Azienda Agricola Tre e Mezzo,
to fishery products en route to the Community at the time            established at Forlì (Italy), and Carlo Bazzocchi, residing
 ---pagebreak--- C 340/22             EN                  Official Journal of the European Communities                                   7.11.98
at Cesena (Italy), represented by Carlo Piccoli and                 1. the application is dismissed as inadmissible.
Fabrizio Fabbri, of the Forlì-Cesena Bar, and FrancËois
Turk, of the Luxembourg Bar, with an address for service            2. the applicant shall bear the whole of the costs.
in Luxembourg at the latter's Chambers, 13a Avenue
Guillaume, v. Commission of the European Communities                (1) OJ C 137 of 2.5.1998.
(Agent: Francesco P. Ruggeri Laderchi) Ð application for
partial annulment of Commission Regulation (EC)
No 1488/97 of 29 July 1997 amending Council
Regulation (EEC) No 2092/91 on organic production of
agricultural products and indications referring thereto on
                                                                                   ORDER OF THE PRESIDENT
agricultural products and foodstuffs (OJ L 202 of
                                                                              OF THE COURT OF FIRST INSTANCE
30.7.1997, p. 12) Ð the Court of First Instance (First
Chamber), composed of: B. Vesterdorf, President, and                                      of 12 August 1998
R. M. Moura Ramos and P. Mengozzi, Judges; H. Jung,                 in Case T-42/98 R: Maria Paola Sabbatucci v. European
Registrar, made an order on 9 September 1998, the                                              Parliament
operative part of which is as follows:
                                                                    (Application for interim measures Ð Amicable settlement
                                                                    Ð Binding nature Ð Mandatory removal from the
1. the application is dismissed as inadmissible;
                                                                                        register Ð Conditions)
                                                                                             (98/C 340/44)
2. the applicants are to pay the costs.                                             (Language of the case: Italian)
                                                                    In Case T-42/98 R: Maria Paola Sabbatucci, an official of
(1) OJ C 387 of 20.12.1997.                                         the European Parliament, residing in Luxembourg,
                                                                    represented by Alberto Dal Ferro and Andrea Cevese, of
                                                                    the Vicenza Bar, with an address for service at the
                                                                    Chambers of Mr Morresi, 67 Avenue des Nerviens,
                                                                    Brussels, v. European Parliament (Agents: Antonio Caiola
                                                                    and Evelyn Waldherr) Ð application for interim measures
                                                                    made pursuant to Article 91(4) of the Staff Regulations of
     ORDER OF THE COURT OF FIRST INSTANCE                           officials of the European Communities and in accordance
                      (Fourth Chamber)                              with Articles 185 and 186 of the EC Treaty Ð the
                                                                    President of the Court of First Instance made an order on
                    of 17 September 1998                            12 August 1998, the operative part of which is as follows:
in Case T-40/98: Giuliano Pagliarani v. Commission of               1. Case T-42/98 R is removed from the register.
                the European Communities (1)
                                                                    2. The costs are reserved.
(Officials Ð Determination of grade Ð New facts Ð Not
                         permissible)
                        (98/C 340/43)
               (Language of the case: French)                       Action brought on 23 July 1998 by Dolores Rodriguez
                                                                    PeÂrez, Francisco Andrada Sanz, Pablo FernaÂndez Ruiz,
                                                                    Fabriciano Corchete Vicente, Antonio Oliva EspanÄol,
In Case T-40/98: Giuliano Pagliarani, member of the                 Miguel Alay Marcos, Geraldine O'Shea, Ana Luisa
temporary staff of the Commission of the European                   Muller, Alfonso Novoa Diz, Ernesto PeÂrez Carbonell,
Communities, residing in Brussels, represented by Mario             Alfredo Escribano Martínez, Soledad Blanco Mangudo,
Spandre and Claudio Mereu, of the Brussels Bar, with an             Enrique Rojas de Montis, Joan Antoni Salmurri Trintxet,
address for service in Luxembourg at the Chambers of Mr             Federica Burel Louberry, Elena Frutos Zamarrón, Rafael
Thielen, 21 rue de Nassau, against Commission of the                Aguirre Unceta, Manuel Parejo Pagador, Pablo Pardo
European Communities (Agents: Gianluigi Valsesia and                Ortiz, Santiago Vazquez Souto, Concepción Sanmartín
Christine Berardis-Kayser) Ð application for, first, the            Quintela, Saturnino DuraÂn Vidal, Luis Guembe Casi and
annulment of the decision of the appointing authority of            Alfonso Ruiz de AzuÂa CastanÄo against the Commission of
28 October 1993 classifying the applicant in Grade B 3                                the European Communities
step 3 and of the decision of the appointing authority of                                  (Case T-114/98)
8 December 1997 rejecting the applicant's complaint
                                                                                             (98/C 340/45)
inasmuch as it does not take account of certified
professional experience and, secondly, a claim for                                 (Language of the case: Spanish)
compensation for material damage allegedly suffered by
the applicant as a result of those decisions Ð the Court of         An action against the Commission of the European
First Instance (Fourth Chamber), composed of: P. Lindh,             Communities was brought before the Court of First
President, K. Lenaerts and J. D. Cooke, Judges; H. Jung,            Instance of the European Communities on 23 July 1998
Registrar, made an order on 17 September 1998, the                  by Dolores Rodriguez PeÂrez, Francisco Andrada Sanz,
operative part of which is as follows:                              Pablo FernaÂndez Ruiz, Fabriciano Corchete Vicente,