CELEX: C1998/258/65
Language: en
Date: 1998-08-15 00:00:00
Title: ORDER OF THE COURT OF FIRST INSTANCE of 25 May 1998 in Case T-267/97: Broome & Wellington Ltd v Commission of the European Communities (Action for annulment - Notice of initiation of an anti-dumping proceeding - Inadmissibility)

C 258/36             EN                Official Journal of the European Communities                                   15.8.98
               ORDER OF THE PRESIDENT                             1. The application is dismissed as inadmissible.
          OF THE COURT OF FIRST INSTANCE
                       of 26 June 1998                            2. There is no need to adjudicate on the application to
in Case T-262/97 R: Anthony Goldstein v Commission of                 intervene.
                 the European Communities
    (Application for interim measures Ð Inadmissibility)          3. The applicant is ordered to pay the defendant's costs.
                        (98/C 258/64)                             (1) OJ C 370 of 6.12.1997.
               (Language of the case: English)
In Case T-262/97 R: Anthony Goldstein, residing in
London, represented by Raymond St John Murphy,
                                                                  Action brought on 9 June 1998 by Interporc Im- und
Solicitor, against Commission of the European
                                                                  Export GmbH against the Commission of the European
Communities (Agent: Richard Lyal) Ð application for
                                                                                           Communities
interim measures in connection with a decision of the
Commission refusing to adopt interim measures sought by                                  (Case T-92/98)
the applicant Ð the President of the Court of First                                       (98/C 258/66)
Instance made an order on 26 June 1998, the operative
part of which is as follows:
                                                                                (Language of the case: German)
1. The application for interim measures is dismissed.
                                                                  An action against the Commission of the European
                                                                  Communities was brought before the Court of First
2. The applicant shall pay the costs of the interlocutory         Instance of the European Communities on 9 June 1998 by
     proceedings.                                                 Interporc Im- und Export GmbH, Hamburg (Germany),
                                                                  represented by Georg M. Berrisch, Rechtsanwalt, of
                                                                  Messrs Schön Nolte Finkelnburg & Clemm, 33 Rue PeÁre
                                                                  de Deken, Brussels.
                                                                  The applicant claims that the Court should:
     ORDER OF THE COURT OF FIRST INSTANCE
                       of 25 May 1998                             Ð annul the contested decision;
in   Case T-267/97: Broome & Wellington Ltd                v
       Commission of the European Communities (1)                 Ð alternatively, annul the contested decision in so far as
                                                                      the applicant has not already received, in the context
(Action for annulment Ð Notice of initiation of an anti-              of the proceedings in Case T-50/96, the documents to
           dumping proceeding Ð Inadmissibility)                      which it has requested access;
                        (98/C 258/65)
                                                                  Ð order the Commission to pay the costs of the present
                                                                      proceedings in any event.
               (Language of the case: English)
                                                                  Pleas in law and main arguments adduced in support:
In Case T-267/97: Broome & Wellington Ltd, having its
registered office in Manchester (United Kingdom),
represented by Fiona M. Carlin, Barrister, of the Northern        The applicant refers, with regard to the previous history of
Ireland Bar, with an address for service in Luxembourg at         this matter, to Case T-124/96 Interporc Im- und Export
the offices of Arendt and Medernach, 8-10 Rue Mathias             GmbH v Commission (1). By judgment delivered in that
Hardt, against Commission of the European Communities             case on 6 February 1998 (2), the Court inter alia annulled
(Agents: Viktor Kreuschitz and Nicholas Khan) Ð                   the Commission's decision of 29 May 1996 refusing the
application for the annulment of a notice of initiation of        applicant access to certain documents held by that
an anti-dumping proceeding concerning imports of                  institution.
unbleached cotton fabrics originating in the People's
Republic of China, Egypt, India, Indonesia, Pakistan and          By its claim in the present action, the applicant contests
Turkey, published on 11 July 1997 (OJ C 210 of                    the fresh refusal to grant access to documents held by the
20.7.1996, p. 12) Ð the Court of First Instance (Third            Commission.
Chamber, Extended Composition), composed of: V. Tiili,
President, C. P. BrieÈt, K. Lenaerts, A. Potocki and J. D.
Cooke, Judges; H. Jung, Registrar, made an order on               In the contested decision, the Secretary-General of the
25 May 1998, the operative part of which is as follows:           Commission classifies the documents requested as falling