CELEX: C1999/246/61
Language: en
Date: 1999-08-28 00:00:00
Title: Order of the Court of First Instance of 29 April 1999 in Case T-78/98: Unione Provinciale degli Agricoltori di Firenze and Others v Commission of the European Communities (Action for annulment - Regulation (EC) No 644/98 - Registration of a geographical indication - 'Tuscan' olive oil - Interest in bringing proceedings - Inadmissible)

C 246/30                EN                       Official Journal of the European Communities                                     28.8.1999
        — according to the fall or rise of the guaranteed price                    ORDER OF THE COURT OF FIRST INSTANCE
             referred to in Article 5(4) of Protocol No 8 to the Fourth
             ACP-EC Convention signed in Lomé on 15 December
             1989.
                                                                                                   of 29 April 1999
        The point of reference for the reduction of or increase in the
        amount of the security shall be the intervention price or the       in Case T-78/98: Unione Provinciale degli Agricoltori di
        guaranteed price on the date of signature of the present order;     Firenze and Others v Commission of the European
                                                                                                    Communities (1)
   — The total amount of the security provided shall be released,
        upon order of the judge hearing applications for interim
        measures, for the benefit of the Community if the Court of          (Action for annulment — Regulation (EC) No 644/98 —
        Justice within six months from the date of signature of the         Registration of a geographical indication — ‘Tuscan’ olive
        present order declares in its judgment in Case C-17/98 that            oil — Interest in bringing proceedings — Inadmissible)
        Article 1C8b is not invalid;
   — For the duration of the interim measure ordered, Emesa                                         (1999/C 246/61)
        Sugar (Free Zone) NV shall not be able to make any
        application for an import licence under Commission Regu-
        lation (EC) No 2553/97 of 17 December 1997 on rules
        for issuing import licences for certain products covered by CN
        codes 1701, 1702, 1703 and 1704 and qualifying as                                     (Language of the case: Italian)
        ACP/OCT originating products.
3. If within six months following the date of signature of the present      In Case T-78/98: Unione Provinciale degli Agricoltori di
   order the Court of Justice gives judgment in Case C-17/98:               Firenze, established in Florence, Italy, Unione Pratese degli
                                                                            Agricoltori, established at Prato, Italy, Consorzio Produttori
   — The present proceedings for interim measures (registered as            dell’Olio Tipico di Oliva della Provincia di Firenze, established
        Case T-44/98 R II) shall be resumed if the Court of Justice         in Florence, Francesco Miari Fulcis, residing at Fiesole, Italy,
        does not declare Article 108b of the OCT decision invalid,          Bonaccorso Gondi, residing at Pontassieve, Italy, Simone
        and the parties shall be invited to submit observations on the      Giannozzi, residing at Barberino Val d’Elsa, Italy, and Antonio
        Court ’s judgment. The steps which the judge hearing the            Morino, residing at Bagno a Ripoli, Italy, represented by
        application for interim measures intends to take in the             Vittorio Chierroni, of the Florence Bar, with an address for
        present proceedings shall be set out in a further order, it         service in Luxembourg at the Chambers of Franco Colussi,
        being understood that Emesa Sugar (Free Zone) NV will be            36 Rue de Wiltz, against Commission of the European
        able to continue to import into the Community the sugar             Communities (Agents: José Luis Iglesias and Eugenio De March)
        delivered to it free on board before the date of the judgment       — application for annulment of Commission Regulation (EC)
        of the Court of Justice (i) up to a limit of 7 500 tonnes, (ii)     No 644/98 of 20 March 1998 supplementing the Annex to
        during a period of six months from the date of signature of         Regulation (EC) No 1107/96 on the registration of geographi-
        the present order and (iii) in accordance with the conditions       cal indications and designations of origin under the procedure
        set out in point 2 of the operative part;                           laid down in Article 17 of Council Regulation (EEC) No
                                                                            2081/92 (OJ 1998 L 87, p. 8), in so far as it provides for
                                                                            registration of the name ‘Tuscan’ as a Protected Geographical
   — The present order shall have effect until the end of the               Indication on the basis of a list of conditions which refers to
        six-month period if the Court of Justice declares Article 108b      additional geographical designations — the Court of First
        of the OCT decision invalid and the Court of First Instance         Instance (First Chamber), composed of B. Vesterdorf, President,
        has not given a decision in the main proceedings (registered        J. Pirrung and M. Vilaras, Judges; H. Jung, Registrar, made an
        as Case T-44/98).                                                   order on 29 April 1999, the operative part of which is as
                                                                            follows:
4. Subject to delivery of the judgment of the Court of Justice in Case
   C-17/98 before the end of the first period of six months referred        1. The action is dismissed as inadmissible.
   to by the present order, import into the Community of a quantity
   to be determined of sugar of OCT origin shall be authorised for
   a further period by means of an order which Emesa Sugar (Free            2. The applicants shall pay the costs.
   Zone) NV, acting in good time, will request the judge hearing
   the application for interim measures to adopt two months before
   the expiry of the first period of six months.
                                                                            (1) OJ C 234 of 25.7.1998.
5. Costs are reserved.