CELEX: C1996/064/29
Language: en
Date: 1996-03-02 00:00:00
Title: ORDER OF THE PRESIDENT OF THE COURT OF FIRST INSTANCE of 21 December 1995 in Case T-220/95 R: Christophe Gimenez v. Committee of the Regions of the European Union

2 . 3 . 96          1 EN |                 Official Journal of the European Communities                                   No C 64/ 13
2 . the application for interim measures is dismissed;                Instance of the European Communities on 23 November
                                                                      1995 by Fabricantes de Cemento de Espana ( Oficemen ),
3.   costs are reserved.                                              whose registered office is in Madrid, represented by Jaime
                                                                      Folguera Crespo and Edurne Navarro Varona, of the
                                                                      Barcelona Bar, with an address for service in Luxembourg at
                                                                      the Chambers of Luc Frieden, 62 Avenue Guillaume .
               ORDER OF THE PRESIDENT
          OF THE COURT OF FIRST INSTANCE
                                                                      The applicant claims that the Court should :
                     of 21 December 1995
                                                                      — annul, pursuant to Articles 173 and 174 of the EC
in Case T-220/95 R: Christophe Gimenez v. Committee of
             the Regions of the European Union
                                                                          Treaty, the decision of the Commission of February
                                                                           1994 whereby it gives definite effect to its proposal to
                            96/C 64/29 )                                  refuse to adopt protective measures against imports of
                                                                          cement from Turkey, Romania and Tunisia ,
                (Language of the case: French)
In Case T-220/95 R: Christophe Gimenez, a member of the               — declare, pursuant to Article 175 of the EC Treaty, that,
temporary staff of the Economic and Social Committee of                    by not adopting within a reasonable period a decision
the European Communities, residing in Brussels,                            bringing to a conclusion anti-dumping proceedings, the
represented by Eric Boigelot, of the Brussels Bar, with an                 Commission has infringed Article 7 ( 9 ) ( a ) of the basic
address for service in Luxembourg at the Chambers of Louis                Regulation, and
Schiltz, 2 Rue du Fort Rheinsheim, supported by Union
Syndicale-Bruxelles, established in Brussels, represented by          — order the Commission to pay the costs incurred by
Veronique Lebrun, of the Brussels Bar, with an address for                 Oficemen in these proceedings.
service in Luxembourg at the Chambers of Louis Schiltz, 2
Rue du Fort Rheinsheim, and Economic and Social
Committee of the European Communities ( Agent: Moises                 Pleas in law and main arguments adduced in support:
Bermejo Garde ), v. Committee of the Regions of the
European Union, represented by Dominique Lagasse, of the
Brussels Bar, with an address for service in Luxembourg at            The applicant, an association whose object is, inter alia, to
the office of Carlos Gomez de la Cruz, of the Legal Service of        defend and promote the interests of the Spanish cement
the Commission of the European Communities, Wagner                    sector, challenges the decision of the defendant institution
Centre, Kirchberg — application for suspension of the                 not to proceed with the anti-dumping proceedings against
procedure in competition CdR A/03/95 , organized by the               imports into Spain of cement from Turkey, Tunisia and
Committee of the Regions, alternatively of the appointment            Romania , which was initiated by the complaint lodged by it
procedures anticipated in consequence of that competition             with the Commission . The contested decision is based on the
— the President of the Court of First Instance made an order          finding that the protective measures sought were
on 21 December 1995 , the operative part of which is as               unnecessary since production and volume of sales remained
follows :                                                             stable, market share and the profitability of the sector
                                                                      remained significant and since costs had risen as a result of
 1 . the Union Syndicale-Bruxelles and the Economic and               excessive overcapacity .
      Social Committee are granted leave to intervene in
      support of the form of order sought by the applicant;           The applicant claims, first, that Article 4 of Regulation
                                                                      ( EEC ) No 2423/88 was infringed as a result of the manifest
2 . the application for interim measures is dismissed;                error of assessment and the breach of the principle that due
                                                                      care must be exercised and of the principle of good
 3 . the costs are reserved.                                          administration on which the decision to               shelve   the
                                                                      proceeding is based. The applicant points out in this regard
                                                                      that, contrary to the contention of the Commission, Spanish
                                                                      producers have suffered a significant loss of their share of
                                                                      the market and have been forced to reduce their prices as a
                                                                      result of the dumped imports . Moreover, the fall in profits in
Action brought on 23 November 1995 by Asociacion de                   the sector cannot be attributed to any alleged overcapacity,
 Fabricantes de Cemento de Espana ( Oficemen ) against the             but to the fact that it is impossible to increase prices in order
          Commission of the European Communities                      to reflect the increase in production costs .
                        ( Case T-2 12/95 )
                           ( 96/C 64/30 )                              Secondly, the decision which forms the subject-matter of the
                                                                       dispute infringes Article 9 of the basic Regulation, referred
                (Language of the case: Spanish)                        to above, inasmuch as the Commission is not competent to
                                                                       conclude anti-dumping proceedings without adopting
 An action against the Commission of the European                      protective measures, contrary to the position adopted by the
 Communities was brought before th£ Court of First                     Council .