CELEX: C1998/312/34
Language: en
Date: 1998-10-10 00:00:00
Title: ORDER OF THE PRESIDENT OF THE COURT OF FIRST INSTANCE of 7 July 1998 in Case T-65/98 R, Van den Bergh Foods Ltd v. Commission of the European Communities (Competition - Interlocutory proceedings - Intervention - Confidentiality - Suspension of execution)

C 312/12              EN                  Official Journal of the European Communities                                  10.10.98
of: V. Tiili, President, C. P. BrieÈt and A. Potocki, Judges;        service in Luxembourg at the Chambers of Elvinger, Hoss
H. Jung, Registrar, made an order on 6 July 1998, the                et Prussen, 2 Place Winston Churchill v. Commission of
operative part of which is as follows:                               the European Communities (Agents: Kirsi Leivo and
                                                                     Richard Lyal) Ð application for annulment of Articles 2
1. The application is dismissed.                                     and 4 of Commission Decision C(97) 3036 of 6 October
                                                                     1997 relating to a procedure pursuant to Article 11(5) of
2. The applicant shall pay the costs.                                Council Regulation No 17 (IV/35.860 Ð Steel tubes), Ð
                                                                     the Court of First Instance (Fourth Chamber), composed
(1) OJ C 7, 10.1.1998.
                                                                     of: P. Lindh, President, K. Lenaerts and J. D. Cooke,
                                                                     Judges, has given an order of 24 June 1998, in which:
                                                                     1. The application         is    dismissed  as    manifestly
                                                                         inadmissible.
               ORDER OF THE PRESIDENT
          OF THE COURT OF FIRST INSTANCE                             2. The applicant is ordered to pay the costs.
                       of 15 July 1998
                                                                     (1) OJ C 55, 20.2.1998.
in Case T-286/97 R: Anthony Goldstein v. Commission of
                  the European Communities
                    (No need to adjudicate)
                        (98/C 312/32)
               (Language of the case: English)                                      ORDER OF THE PRESIDENT
                                                                              OF THE COURT OF FIRST INSTANCE
In Case T-286/97 R: Anthony Goldstein, residing in                                           of 7 July 1998
London, represented by Raymond St John Murphy,
solicitor, 3 Kings Bench Walk, Inner Temple, London,                 in Case T-65/98 R, Van den Bergh Foods Ltd v.
against Commission of the European Communities Ð                              Commission of the European Communities
application for interim measures in connection with a                (Competition Ð Interlocutory proceedings Ð Intervention
complaint (IV/34.824 Ð Goldstein/GMC) against certain                       Ð Confidentiality Ð Suspension of execution)
anti-competitive practices, lodged by the applicant under
Article 3(2) of Council Regulation No 17 of 6 February                                       (98/C 312/34)
1962, First Regulation implementing Articles 85 and 86 of
the Treaty (OJ, English Special Edition 1959Ð1962, p. 87)
                                                                                    (Language of the case: English)
Ð the President of the Court of First Instance made an
order on 15 July 1998, the operative part of which is as
follows:                                                             In Case T-65/98 R, Van den Bergh Foods Ltd, formerly
                                                                     HB Ice Cream Ltd, established in Dublin, represented by
1. There is no need to adjudicate on the application for             Malcolm Nicholson and Michael Rowe, solicitors, with an
     interim measures.                                               address for service in Luxembourg at the Chambers of
                                                                     Elvinger, Hoss & Prussen, 2 Place Winston Churchill, v.
2. The applicant shall bear his own costs.                           Commission of the European Communities (Agents: Barry
                                                                     Doherty and Wouter Wils) Ð application for suspension
                                                                     of execution of the Commission Decision of 11 March
                                                                     1998 relating to a proceeding under Articles 85 and 86 of
                                                                     the EC Treaty (Case Nos IV/34.073, IV/34.395 and IV/
                                                                     35.436 Ð Van den Bergh Foods Limited) Ð the President
     ORDER OF THE COURT OF FIRST INSTANCE                            of the Court of First Instance made an order on 7 July
                                                                     1998 in which he:
                       of 24 June 1998
in Case T-596/97: Dalmine SpA v. Commission of the
                                                                     1. grants leave to Master Foods Ltd and Treats Frozen
                   European Communities (1)
                                                                         Confectionery Ltd to intervene in Case T-65/98 R in
(Action for annulment Ð Competition law Ð Decision                       support of the forms of order sought by the defendant;
requiring the supply of information Ð Periodic penalty
    payments Ð Notification Ð Manifest inadmissibility)
                                                                     2. grants the requests for confidential treatment made by
                        (98/C 312/33)                                    Van den Bergh Foods Ltd, with respect to certain
                                                                         information contained in its application for suspension
               (Language of the case: English)                           of execution of the Commission Decision of 11 March
                                                                         1998 relating to a proceeding under Articles 85 and
In Case T-596/97: Dalmine SpA, established in Dalmine                    86 of the EC Treaty (Case Nos IV/34.073, IV/34.395
(Italy), represented by Fabrizio Arossa, of the Milan Bar,               and IV/35.436 Ð Van den Bergh Foods Limited), for
and Rachel Brandenburger, Solicitor, with an address for                 the purposes of the interlocutory proceedings;
 ---pagebreak--- 10.10.98             EN                  Official Journal of the European Communities                                  C 312/13
3. suspends execution of that Commission Decision until             brought before the Court of First Instance of the European
    such time as the Court of First Instance has given final        Communities on 30 June 1998 by Hameico Stuttgart
    judgment on the main action;                                    GmbH and others, Stuttgart (Federal Republic of
                                                                    Germany), represented by Gerrit Schohe, Rechtsanwalt,
4. reserves the costs.                                              Hamburg (Germany), with an address for service in
                                                                    Luxembourg at the Chambers of Marc Baden, 34b Rue
                                                                    Philippe II.
                                                                    The applicants claim that the Court should:
               ORDER OF THE PRESIDENT                               Ð declare that the defendants are obliged to compensate
         OF THE COURT OF FIRST INSTANCE                                 the applicants for the losses suffered and/or to be
                       of 15 July 1998                                  suffered by the applicants as a result of the application
                                                                        of Council Regulation (EEC) No 404/93 on the
in Case T-73/98 R: SocieÂteÂ Chimique Prayon-Rupel SA v.                common organisation of the market in bananas, in
         Commission of the European Communities                         particular Articles 17 to 19 and 21(2) thereof, and in
(State aid Ð Proceedings for interim measures Ð                         consequence of the application of Commission
  Intervention Ð Interim measures Ð Urgency Ð None)                     Regulation (EEC) No 1442/93 laying down detailed
                                                                        rules for the application of the arrangements for
                        (98/C 312/35)                                   importing bananas into the Community, inasmuch as,
                                                                        in accordance with those regulations, and in particular
               (Language of the case: French)                           Article 19(2) of Regulation (EEC) No 404/93:
In Case T-73/98 R SocieÂteÂ Chimique Prayon-Rupel SA,                   Ð the inclusion of the applicants in the closed
incorporated in Engis (Belgium), represented by Bernard                     category of Category A' market operators
van de Walle de Ghelcke, of the Brussels Bar, with an                       (Article 2(a) of Regulation (EEC) No 1442/93) is
address for service in Luxembourg at the Chambers of                        conditional on their having marketed third-country
Freddy Brausch, 11 Rue Goethe, against the Commission                       bananas during the years 1989 to 1991,
of the European Communities (Agent: Dimitris
Triantafyllou) Ð application for operation of Commission                Ð the scope of the import licences to which the
Decision SG (98) D631 on State aid cases N 198/97 and                       applicants are entitled within the framework of
NN 81/97 to be suspended Ð Germany Ð Financial                              Category A' is conditional on the reference
measures in favour of Chemische Werke Piesteritz GmbH,                      quantities accumulated by the applicants during
and for any other form of interim measure, the President                    the years 1989 to 1991, and
of the Court made an order on 15 July 1998 in which he:
                                                                        Ð market operators who, during the period from
1. allowed the Federal Republic of Germany to intervene                     1989 to 1991, were established in the former
    in support of the Commission;                                           German Democratic Republic were unable, prior
                                                                            to the point in time at which the territory of the
2. allowed the application by SocieÂteÂ Chimique Prayon-                    former German Democratic Republic became part
    Rupel SA for certain parts of its application for                       of the then European Economic Community
    suspension of operation to be treated as confidential                   (German reunification on 3 October 1990), to
    for the interlocutory stage of the proceedings;                         accumulate such quantities,
3. dismissed the application for interim measures;                  Ð order the parties to indicate, within a given period (to
                                                                        be prescribed by the Court) after delivery of its
                                                                        judgment, the amounts which they have agreed upon
4. reserved judgment on costs.                                          as being payable, or, if no such agreement is reached,
                                                                        order them to submit to the Court, within that period,
                                                                        their quantified proposals as to the sums which should
                                                                        be paid,
                                                                    Ð reserve its decision as to costs.
Action brought on 30 June 1998 by Hameico Stuttgart
GmbH and Others against the Council of the European
Union and the Commission of the European Communities                Pleas in law and main arguments adduced in support:
                       (Case T-99/98)
                                                                    The applicants, who are members of the Atlanta Group,
                        (98/C 312/36)
                                                                    are established in the territory of the former German
                                                                    Democratic Republic, or were established there during the
              (Language of the case: German)                        period from 1989 to 1991. They are claiming inter alia
                                                                    compensation for the damage allegedly suffered by them
An action against the Council of the European Union and             as a result of the fact that, under the Community rules on
the Commission of the European Communities was                      the organisation of the market, they were not able to