CELEX: C2000/034/16
Language: en
Date: 2000-02-05 00:00:00
Title: Order of the Court (Third Chamber) of 19 October 1999 in Case C-21/99 P: N v Commission of the European Communities (Appeal — Former officials — Staff report — Interest in bringing proceedings — Inadmissibility)

5.2.2000                EN                      Official Journal of the European Communities                                            C 34/9
I. Sáenz-Cortabarrı́a Fernández and Morales Isasi, of the Viz-           (1) The appeal is dismissed.
caya Bar, with an address for service in Luxembourg at the
Chambers of G. Harles, 8-10 Rue Mathias — against the order                (2) N is to pay the costs.
of the Court of First Instance of the European Communities
(Second Chamber) in Case T-136/95, Infrisa v Commission,
[1998] ECR II-3301, seeking to have that order set aside, the              (1) OJ C 71 of 13.3.1999.
other party to the proceedings being: Commission of the
European Communities (Agent: J. Guerra Fernández) — the
Court (First Chamber) composed of L. Sevón (Rapporteur),
President of the Chamber, P. Jann and M. Wathelet, Judges,
Advocat General: F.G. Jacobs, Registrar: R. Grass has made an
order on 14 October 1999 in which it:
1. Dismisses the appeal;                                                   Action brought on 13 October 1999 by the Commission
                                                                           of the European Communities against the Portuguese
2. Orders Industria del Frio Auxiliar Conserera SA (Infrisa) to pay                                      Republic
     the costs.
                                                                                                     (Case C-392/99)
( 1) OJ C 20 of 23.1.1999.
                                                                                                      (2000/C 34/17)
                                                                           An action against the Portuguese Republic was brought
                                                                           before the Court of Justice of the European Communities
                                                                           on 13 October 1999 by the Commission of the European
                                                                           Communities, represented by Lena Ström and António Caeiros,
                    ORDER OF THE COURT                                     acting as Agents, with an address for service in Luxembourg at
                                                                           the office of Carlos Gómez de la Cruz, of its Legal Service,
                         (Third Chamber)                                   Wagner Centre, Kirchberg.
                       of 19 October 1999                                  The applicant claims that the Court should:
in Case C-21/99 P: N v Commission of the European                          (a) Declare that:
                          Communities (1)
                                                                               — by failing to adopt the provisions by which the
(Appeal — Former officials — Staff report — Interest in                            competent authority, before granting a permit to the
            bringing proceedings — Inadmissibility)                                undertakings which regenerate waste oils or use waste
                                                                                   oils as fuel, may satisfy itself that all appropriate health
                          (2000/C 34/16)                                           protection measures in the field of regeneration of
                                                                                   waste oils have been taken, including use of the best
                                                                                   technology available, where the cost is not excessive,
                    (Language of the case: French)                                 in the field of regeneration of waste oils and the use of
                                                                                   waste oils as fuel;
(Provisional translation; the definitive translation will be published         — by failing to ensure that the residues from the combus-
                   in the European Court Reports)                                  tion of waste oils are disposed of in accordance with
                                                                                   Article 9 of Directive 78/319/EEC (1) and, from 27 June
In Case C-21/99 P: N, a former official of the Commission of                       1995, in accordance with Article 9 of Directive
the European Communities, residing in Brussels (Belgium),                          75/442/EEC (2), which, as amended by Directive 91/
represented by G. Sakellaropoulos, of the Athens Bar, with an                      156/EEC (3) and pursuant to Directive 91/689/EEC (4),
address for service in Luxembourg at the Chambers of A. May,                       replaced Article 9 of Directive 78/319/EEC;
31 Grand-Rue — appeal against the order of the Court of First
Instance of the European Communities (Fifth Chamber) of                        — by failing to provide for regular inspections of the
30 November 1998 in Case T-97/94 N v Commission [1998]                             undertakings regenerating waste oils or which use
ECR-SC I-A-621 and II-1879, seeking to have that order set                         waste oils as fuel and for the examination of trends in
aside and applying for the grant of the form of order sought                       the state of technical development and/or of the
by the appellant in the proceedings at first instance, the other                   environment with a view to revising, where necessary,
party to the proceedings being the Commission of the                               permits granted to such undertakings;
European Communities (Agents: G. Valsesia and F. Duvieusart-
Clotuche) — the Court (Third Chamber), composed of:                            — by failing to convey to the Commission information
J.C. Moitinho de Almeida, President of Chamber, C. Gulmann                         concerning its technical expertise and the experience
(Rapporteur) and J.-P. Puissochet, Judges; F.G. Jacobs, Advocate                   gained and results obtained through the application of
General; R. Grass, Registrar, has made an order on 19 October                      measures taken pursuant to Directive 75/439/EEC (5),
1999, the operative part of which is as follows:                                   as amended by Directive 87/101/EEC(6),