CELEX: C1997/026/14
Language: en
Date: 1997-01-25 00:00:00
Title: Action brought on 14 November 1996 by Mediocurso, Estabelecimento de Ensino Particular Limitada, against the Commission of the European Communities (Case T-180/96)

25 . 1 . 97         1 EN |               Official Journal of the European Communities                                 No C 26 / 7
25 September 1996 , received at the Court Registry on               compliance with stricter noise limits, with the result that
29 November 1996, for a preliminary ruling in the case of           an aircraft admitted to traffic in another Member State
Aher-Waggon GmbH v. Federal Republic of Germany on                  before the said Directive was adopted may no longer be
the following question:                                             granted admission to traffic in Germany because it
                                                                    exceeds German noise limits, even though aircraft of the
Is it compatible with the principles of free movement of            same construction which had already obtained German
goods pursuant to Article 30 of the EC Treaty for German            authorization beforehand may retain it without
law to rely on the noise-emission limits for aircraft               restrictions ?
pursuant to Directive 80/5 1 /EEC ( 1 ) as amended by
Directive 83/206/EEC (2 ), which are laid down as
minimum requirements, in making admission of aircraft to            (') OJN0LI8 , 24 . 1 . 1980, p. 26 .
traffic in the Federal Republic of Germany conditional on           ( 2 ) OJ No L 117, 4 . 5 . 1983 , p . 15 .
                                                   COURT OF FIRST INSTANCE
                ORDER OF THE PRESIDENT                              Action brought on 14 November 1996 by Mediocurso,
            OF THE COURT OF FIRST INSTANCE                          Estabelecimento de Ensino Particular Limitada, against the
                     of 29 November 1996                                       Commission of the European Communities
                                                                                                Case T-180/96
in Case T- 179/96 R: J. Antonissen v. Council and
           Commission of the European Communities                                                ( 97/C 26/14 )
(Milk quotas — Damage caused by the Community —
Application for interim relief — Application for damages                           (Language of the case: Portuguese)
    against the Community — Provisional nature — None)
                          ( 97/C 26/13 )                            An action against the Commission of the European
                                                                    Communities was brought before the Court of First
                                                                    Instance of the European Communities on 14 November
                 (Language of the case: Dutch)                       1996 by Mediocurso, Estabelecimento de Ensino
                                                                    Particular Limitada, whose registered office is at Rua dos
In Case T-179/96 R, J. Antonissen, residing at Giethem,             Ferreiros a Estrela, n° 9, 2° Dto, Lisbon, represented by
the Netherlands, represented by E. H. Pijnacker Hordijk,            Carlos Botelho Moniz and Paulo Moura Pinheiro, of the
of the Amsterdam Bar, with an address for service in                Lisbon Bar, with an address for service in Luxembourg at
Luxembourg at the Chambers of L. Frieden, 62 avenue                 the Chambers of Aloyse May, 31 , Grand'-Rue, L-1661 ,
Guillaume, against the Council of the European Union                Luxembourg.
(Agents: G. Houttuin, A.-M. Colaert and J. -P. Hix) and
the Commission of the European Communities (Agent: T.               The applicant claims that the Court should :
van Rijn) — application for an order that the European
Community pay, by way of advance, the sum of
Fl 258 565,38 , with interest thereon at the rate of 5%             — annul Commission Decision C(96 ) 1185 of 14 August
calculated from 1 September 1996, together with the sum                    1996 reducing the amount of Decision C(89 ) 0570 of
of Fl 20 000 per annum from the date on which the                          22 March 1989 concerning the granting of assistance
 application for interim relief was lodged until the date on               from the European Social Fund towards the financing
which the Court gives judgment in the main case — the                      in Portugal ( Mediocurso ), within the Community
 President of the Court of First Instance made an order on                 Support Framework, of Objective 1 ,
 29 November 1996, the operative part of which is as
 follows :
                                                                     — order the defendant to pay all the costs of the
                                                                           proceedings .
 1 . The application for interim measures is dismissed.
                                                                     Pleas in law and main arguments adduced in support:
 2.   Costs are reserved.
                                                                     The applicant maintains that the contested act is unlawful
                                                                      and should be annulled on the following grounds :
 ---pagebreak--- No C 26/8             I EN                   Official Journal of the European Communities                                      25 . 1 . 97
— Breach of the principle of giving the interested parties              The applicant claims that the Court should:
     an opportunity to be heard beforehand, inasmuch as it
     was adopted without having given the applicant the
     opportunity to comment on its content,                             — annul Commission Decision C(96 ) 1186 of 14 August
                                                                              1996 reducing the amount of Decision C(8 9 ) 0570 of
                                                                              22 March 1989 concerning the granting of assistance
— Breach of the principle of the protection of legitimate                     from the European Social Fund towards the financing
     expectations, inasmuch as, although the claim for                        in Portugal ( Mediocurso ), within the Community
     payment of the balance relating to the file in question                  Support Framework, of Objective 1 ,
     was submitted timeously, the Commission did not
     adopt within a reasonable period a decision thereon,
                                                                        — order the defendant to pay all the costs of the "
— Breach of essential procedural requirements in that                         proceedings .
     Article 6 ( 1 ) of Council Regulation ( EEC ) No 2950/83
     of 17 October 1983 on the implementation of
     Decision 83/51 6/EEC on the tasks of the European                  Pleas in law and main arguments adduced in support:
     Social Fund 0 ) was infringed inasmuch as the
     Portuguese State was not given an opportunity to
                                                                        The applicant maintains that the contested act is unlawful
     comment ,
                                                                        and should be annulled on the following grounds :
— Breach of the principles of legal certainty and the
     protection of legitimate expectations inasmuch as the              — Breach of the principle of giving the interested parties
     contested act reverses, to the applicant's disadvantage,                  an opportunity to be heard beforehand, inasmuch as it
     the earlier act certifying the accuracy of the facts and                  was adopted without having given the applicant the
     the information submitted by the applicant in its                         opportunity to comment on its content,
     payment claims,
                                                                        — Breach of the principle of the protection of legitimate
— Breach of the obligation to provide a statement of                           expectations, inasmuch as, although the claim for
      reasons, of the principle of observance of acquired                      payment of the balance relating to the file in question
      rights, of the principle of the protection of legitimate                 was submitted timeously, the Commission did not
      expectations, of the principle of proportionality, of the                adopt within a reasonable period a decision thereon,
      rules applicable to the management of the European
      Social Fund and of the act approving the contribution
      in issue, with regard to the legal and factual grounds             — Breach of essential procedural requirements in that
      relied on in support of the reduction of the assistance                  Article 6 ( 1 ) of Council Regulation ( EEC ) No 2950/83
      which is the subject-matter of the contested act.                        of 17 October 1983 on the implementation of
                                                                               Decision 83/51 6/EEC on the tasks of the European
 (') OJ No L 289 , 22 . 10 . 1983 , p. 1 .                                     Social Fund f 1 ) was infringed inasmuch as the
                                                                               Portuguese State was not given an opportunity to
                                                                               comment,
                                                                         — Breach of the principles of legal certainty and of the
                                                                                protection of legitimate expectations inasmuch as the
 Action brought on 14 November 1996 by Mediocurso,                              contested act reverses, to the applicant's disadvantage,
 Estabelecimento de Ensino Particular Limitada, against the                     the earlier act certifying the accuracy of the facts and
           Commission of the European Communities                               accounts of the documents submitted by the applicant
                          ( Case T-181 /96 )                                    in its payment claims,
                             ( 97/C 26/15 )
                                                                         — Breach of the obligation to provide a statement of
                                                                                reasons, of the principle of observance of acquired
                (Language of the case: Portuguese)                              rights, of the principle of the protection of legitimate
                                                                                expectations, of the principle of proportionality, of the
  An action against the Commission of the European                              rules applicable to the management of the European
  Communities was brought before the Court of First                              Social Fund and of the act approving the assistance in
  Instance of the European Communities on 14 November                            issue, with regard to the legal and factual grounds
  1996 by Mediocurso, Estabelecimento de Ensino                                  relied on in support of the reduction of the assistance
  Particular Limitada, whose registered office is at Rua dos                     which is the subject-matter of the contested act.
  Ferreiros a Estrela, n° 9 , 2° Dto, Lisbon, represented by
  Carlos Botelho Moniz and Paulo Moura Pinheiro, of the                  f 1 ) OJ No L 289 , 22 . 10 . 1983 , p . 1 .
  Lisbon Bar, with an address for service in Luxembourg at
  the Chambers of Aloyse May, 31 , Grand'-Rue, L-1661 ,
  Luxembourg.