CELEX: C1996/064/28
Language: en
Date: 1996-03-02 00:00:00
Title: ORDER OF THE PRESIDENT OF THE COURT OF FIRST INSTANCE of 22 December 1995 in Case T-219/95 R, Marie-Thérèse Danielsson and Others v. Commission of the European Communities

No C 64/ 12            EN                  Official Journal of the European Communities                                    2 . 3 . 96
2 . orders the applicant to pay the whole of the costs,               Vassilios Akritidis, of the Athens Bar, with an address for
      including those relating to the proceedings for the             service in Luxembourg at the Chambers of Arsène
      adoption of interim measures.                                   Kronshagen, 22 Rue Marie-Adelaide, v. Commission of the
                                                                      European Communities (Agents: Ana Maria Alves Vieira
f 1 ) OJ No C 120, 30 . 4 . 1994 .                                    and Bertrand Wägenbaur) — application, first, for
                                                                      annulment of the decision of the Commission, addressed to
                                                                      the applicant by letter of 20 March 1995 , rejecting his
                                                                      application for regrading in grade Bl , step 2 , with
                                                                      retroactive effect from 1 March 1983 , and, second, for an
                                                                      order requiring the Commission to bear the pecuniary
                                                                      effects of such regrading, together with interest thereon —
      ORDER OF THE COURT OF FIRST INSTANCE                            the Court of First Instance ( Fifth Chamber ), composed of R.
                       ( Second Chamber )                             Schintgen, President, and R. García-Valdecasas and J. Azizi,
                                                                      Judges; H. Jung, Registrar, made an order on 15 December
                    of 14 December 1995                               1995 , the operative part of which is as follows :
in Case T-90/94: Erik Dan Frederiksen v. European
                           Parliament (*)
                                                                      1 . the action is dismissed as inadmissible;
                 (No need to give a decision)
                              96/C 64/26 )
                                                                      2 . the applicant is ordered to pay all of the costs.
                (Language of the case: French)
                                                                      (') OJ No C 229 , 2 . 9 . 1995 .
In Case T-90/94: Erik Dan Frederiksen, an official of the
European Parliament, residing in Howald ( Luxembourg),
represented by Georges Vandersanden and Laure Levi , both
of the Brussels Bar, with an address for service in
Luxembourg at the offices of Fiduciaire Myson SARL, 1
Rue Glesener, against European Parliament ( Agents: Didier
Petersheim and Ezio Perillo ) — application for annulment of
                                                                                     ORDER OF THE PRESIDENT
Vacancy Notice No 7346 inviting applications for the post
                                                                               OF THE COURT OF FIRST INSTANCE
of Language Adviser ( Grade LA 3 ) in the Danish Translation
Division — the Court of First Instance ( Second Chamber ),                                of 22 December 1995
composed of B. Vesterdorf, President, D. Barrington and P.            in Case T-219/95 R, Marie-Thérèse Danielsson and Others
Lindh, Judges; H. Jung, Registrar, made an order on                          v. Commission of the European Communities
14 December 1995 , the operative part of which is as
follows :                                                                                        ( 96/C 64/28 )
1 . there is no need to give a decision;                                             (Language of the case: English)
2 . the European Parliament is to pay the costs.                      In Case T-2 19/95 R: Marie-Therese Danielsson, Pierre
                                                                      Largenteau and Edwin Haoa, all residing in Tahiti, French
0 ) OJ No C 103 , 11 . 4 . 1994 .                                     Polynesia, representd by Phon van den Biesen, of the
                                                                      Amsterdam Bar, and Denis Waelbroeck, of the Brussels Bar,
                                                                      assisted during the written procedure by Gerrit Betlem and
                                                                      Seven Deimann, with an address for service in Luxembourg
                                                                      at the office of Dei Gréng, 31 Grand-Rue, v. Commission of
                                                                      the European Communities ( Agents : Richard Wainwright
                                                                      and Thomas Cusack ), supported by French Republic
      ORDER OF THE COURT OF FIRST INSTANCE
                                                                      (Agents : Catherine de Salins, Marc Fonbaustier and
                    of 15 December 1995                               Jean-Francois Dobelle ) — application for suspension of the
in Case T-131/95 : Nicolaos Progoulis v. Commission of the            operation of the decision of the Commission of the
                  European Communities ( 1 )                          European Communities of 23 October 1995 regarding
                                                                      French nuclear tests and for an order that the Commission
(Confirmatory act — New and material fact —                           take all measures necessary to preserve and protect the
   Inadmissibility — Costs — Costs unreasonably caused)               applicants' rights under the EAEC Treaty — the President of
                            ( 96/C 64/27 )                            the Court of First Instance made an order on 22 December
                                                                      1995 , the operative part of which is as follows:
                (Language of the case: French)
                                                                      1 . the French Republic is granted leave to intervene in
In Case T-131 /95 : Nicolaos Progoulis, an official of the                 support of the form of order sought by the
Commission of the European Communities, represented by                     Commission;
 ---pagebreak--- 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 .