CELEX: C2003/275/75
Language: en
Date: 2003-11-15 00:00:00
Title: Order of the Court of First Instance of 15 July 2003 in Case T-371/02: Bernard Barbé v European Parliament (Attachment of earnings procedure — Failure to pay to the attaching creditor deductions from salary made prior to termination of attachment of earnings — Manifest inadmissibility)

15.11.2003             EN                           Official Journal of the European Union                                            C 275/45
      ORDER OF THE COURT OF FIRST INSTANCE                                  Luxembourg, against European Parliament (Agents: H. von
                                                                            Hertzen and L. Knudsen) — application for annulment of the
                         of 25 June 2003                                    decision of the Parliament not to pay to the applicant the sum
                                                                            corresponding to the deductions made from the salary of his
in Case T-41/01: Rafael Pérez Escolar v Commission of                       ex-wife between March and November 1998 — the Court of
                the European Communities (1)                                First Instance (Third Chamber), composed of K. Lenaerts,
                                                                            President, J. Azizi and M. Jaeger, Judges; H. Jung, Registrar, has
(State aid — Complaint — Action for failure to act —                        given a judgment on 15 July 2003, in which it:
                   Standing — Admissibility)
                                                                            1.    Dismisses the application as manifestly inadmissible.
                         (2003/C 275/74)
                   (Language of the case: Spanish)                          2.    Orders the parties to bear their own costs.
In Case T-41/01: Rafael Pérez Escolar, residing in Madrid,
represented by F. Moreno Pardo, lawyer, with an address for
service in Luxembourg, against Commission of the European
Communities (Agents: I. Martínez del Peral and J. Flett) —
application under Article 232 EC for a declaration that the
Commission has failed to fulfil its obligations under the EC
Treaty by failing to adopt any decision whatever regarding the              ORDER OF THE PRESIDENT OF THE COURT OF FIRST
complaint made by the applicant against the Kingdom of                                                    INSTANCE
Spain for infringement of Article 87 EC and by failing to
initiate the procedure provided for by Article 88(2) EC with
regard to the State aid allegedly granted by the Spanish                                             of 5 August 2003
authorities to Banco Español de Crédito SA — the Court
of First Instance (Fourth Chamber, Extended Composition),
composed of V. Tiili, President of the Chamber, J. Pirrung,                 in Case T-79/03 R: Industrie riunite odolesi SpA (IRO) v
P. Mengozzi, A.W.H. Meij and M. Vilaras, Judges; H. Jung,                            Commission of the European Communities
Registrar, made an order on 25 June 2003, the operative part
of which is as follows:
                                                                            (Procedure for interim relief — Competition — Payment of
1.    The application is dismissed as inadmissible.                                 a fine — Bank guarantee — Urgency — None)
2.    The applicant is ordered to pay the costs.
                                                                                                      (2003/C 275/76)
(1) OJ C 134 of 5.5.2001.
                                                                                                (Language of the case: Italian)
      ORDER OF THE COURT OF FIRST INSTANCE
                                                                            In Case T-79/03 R, Industrie riunite odolesi SpA (IRO),
                                                                            established in Odolo (Italy), (lawyer: A. Giardina), supported
                          of 15 July 2003                                   by the Italian Republic (Agent: I.M. Braguglia) v Commission
                                                                            of the European Communities (Agents: L. Pignataro and
 in Case T-371/02: Bernard Barbé v European Parliament                      A. Whelan) — application to suspend operation of the
                                                                            Commission Decision of 17 December 2002 relating to a
(Attachment of earnings procedure — Failure to pay to the                   proceeding under Article 65 CS (COMP/37.956 — Reinforcing
attaching creditor deductions from salary made prior to                     bars), in so far as it imposes a fine of EUR 3,58 million on the
termination of attachment of earnings — Manifest inadmis-                   applicant, — the President of the Court of First Instance made
                               sibility)                                    an order on 5 August 2003, the operative part of which is as
                                                                            follows:
                         (2003/C 275/75)
                    (Language of the case: French)                          1.    The application for interim measures is dismissed.
                                                                            2.    The costs are reserved.
In Case T-371/02: Bernard Barbé, official of the European
Parliament, residing in Luxembourg (Luxembourg), represent-
ed by A. Lorang, lawyer, with an address for service in