CELEX: C1997/252/61
Language: en
Date: 1997-08-16 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 10 July 1997 in Case T-212/95: Asociación de Fabricantes de Cemento de España (Oficemen) v. Commission of the European Communities (Anti-dumping - Commission proposal to close an anti-dumping proceeding without imposing protective measures - Rejection by the Council - Action for annulment - Action for failure to act)

No C 252/28            EN                  Official Journal of the European Communities                                   16 . 8 . 97
 Ariane Tornel, of the Brussels Bar, with an address for                Chamber, Extended Composition ), composed of: B.
 service in Luxembourg at the offices of Fiduciaire Myson              Vesterdorf, President, C. P. Briët, P. Lindh, A. Potocki and
 Sari, 30 Rue de Cessange, v. European Parliament ( Agents:            J. D. Cooke, Judges; J. Palacio González, Administrator,
 Manfred Peter, Francis Herbert and Daniel M. Tomasevic )              for the Registrar, has given a judgment on 10 July 1997,
 — application for annulment of the decision of the                    in which it :
 European Parliament of 22 August 1995 appointing the
 applicant to a post as clerical assistant, in so far as that
 appointment was in grade C 5 — the Court of First                      1 . dismisses the claim for annulment as inadmissible;
 Instance ( Fourth Chamber ), composed of: K. Lenaerts,
 President, and P. Lindh and J. D. Cooke, Judges, A. Mair,
 Administrator, for the Registrar, has given a judgment on             2 . declares that it is unnecessary to proceed to judgment
 9 July 1997, in which it:                                                  on the claim alleging failure to act;
 1 . annuls the Parliament 's decision of 22 August 1995 in
                                                                       3 . orders the Commission to bear its own costs, to pay
      so far as it concerns the classification of the applicant             half of the costs incurred by the applicant in
                                                                            connection with the claim for annulment and the
      in grade;
                                                                            whole of the costs incurred by the applicant in
                                                                            connection with the claim alleging failure to act;
 2 . orders the Council to pay the costs.
                                                                       4 . orders the applicant to bear half of the costs which it
 (') OJ No C 233 , 10 . 8 . 1996 .                                          incurred in connection with the claim for annulment;
                                                                       5 . orders the Kingdom of Spain to bear its own costs.
                                                                       (•) OJ No C 64, 2 . 3 . 1996 .
   JUDGMENT OF THE COURT OF FIRST INSTANCE
                           of 10 July 1997
in Case T-212/95 : Asociación de Fabricantes de Cemento
de España (Oficemen) v. Commission of the European
                           Communities (M                                JUDGMENT OF THE COURT OF FIRST INSTANCE
 (Anti-dumping — Commission proposal to close an anti­                                          of 10 July 1997
dumping proceeding without imposing protective measures               in Case T-227/95 : AssiDomän Kraft Products AB and
— Rejection by the Council — Action for annulment —
                    Action for failure to act)                            Others v. Commission of the European Communities (')
                            ( 97/C 252/61 )
                                                                       (Competition — Consequences of partial annulment by
                                                                       the Court of Justice of a decision relating to a proceeding
                                                                       under Article 85 of the Treaty — Effects of the judgment
                (Language of the case: Spanish)                        on persons to whom the decision was addressed who did
                                                                      not bring an action for annulment — Article 176 of the
                                                                             Treaty — Request for partial refund of fines paid)
In Case T-2 12/95 : Asociacion de Fabricantes de Cemento
                                                                                                 ( 97/C 252/62 )
de Espana ( Oficemen ), established in Madrid, represented
by Jaime Folguera Crespo and Edurne Navarro Varona, of
the Barcelona Bar, with an address for service in                                     (Language of the case: English)
Luxembourg at the Chambers of Luc Frieden, 62 Avenue
Guillaume, supported by the Kingdom of Spain ( Agents:
initially Gloria Calvo Diaz, subsequently Luis Perez De               In Case T-227/95 : AssiDomän Kraft Products AB, whose
Ayala Becerril ), against Commission of the European                  registered office is in Stockholm, AB Iggesunds Bruk,
Communities (Agents : initially Nicholas Kahn and                     whose registered office is in Ornsköldsvik, Sweden,
Francisco Enrique Gonzalez-Diaz, subsequently Nicholas                Korsnäs AB, whose registered office is in Gävle, Sweden,
Kahn and Fernando Castillo De la Torre ) — application,               MoDo Paper AB, whose registered office is in
on the one hand, for annulment of the Commission's                    Ornsköldsvik, Sweden, Södra Cell AB, whose registered
decision to terminate de facto in February 1994 the anti­             office is in Växjö, Sweden, Stora Kopparbergs Bergslags
dumping proceeding initiated in April 1992 at the request             AB, whose registered office is in Falun, Sweden, Svenska
of Oficemen, thereby refusing the protective measures                 Cellulosa AB, whose registered office is in Sundsvall,
requested by that association, and, on the other hand, for            Sweden, represented by John E. Pheasant, solicitor of the
a declaration that, by formally maintaining the said anti­            Supreme Court of England and Wales, and Christopohe
dumping procedure open without adopting measures                      Raux, of the Paris Bar, with an address for service in
enabling it formally to be terminated, possibly through the           Luxembourg at the Chambers of Loesch & Wolter, 11
imposition of protective measures, the Commission has                 Rue Goethe, against Commission of the European
failed to act — the Court of First Instance (Third                    Communities ( Agent: Wouter Wils ) — application for