CELEX: C1998/094/65
Language: en
Date: 1998-03-28 00:00:00
Title: Action brought on 8 December 1997 by W. J. C. Hilsdon against the Council of the European Union and the Commission of the European Communities (Case T-304/97)

28.3.98               EN                  Official Journal of the European Communities                                   C 94/25
Ð the public contract appears to have been awarded                   The applicant claims that the Court should:
    after 14 April 1997, the date on which the deadline
    for valid tenders expired, without the tenderers having
    been asked to confirm whether or not their price                 Ð order the Council and/or the Commission to pay
    remained the same, and                                               damages in accordance with Schedule 1 to the
                                                                         application,
Ð subject to an examination of the administrative file at
    a later stage, it must be considered to have been
    established that the successful tender is not in                 Ð order the Council and/or the Commission to pay the
    conformity with the whole of the obligations set out in              applicant's costs.
    the special contract documents, which necessarily
    vitiates the decision to accept that tender.                     Pleas in law and main arguments adduced in support:
                                                                     The applicant complains of the damaging consequences
                                                                     arising from the fact that, unlike the position with respect
                                                                     to SLOM I and II milk producers, he, as a SLOM III milk
Action brought on 5 December 1997 by SPRL Ecole de                   producer, has not been compensated for the absence of
Maîtrise Automobile against the Commission of the                    quota prior to the introduction of SLOM quota.
                   European Communities
                       (Case T-303/97)
                                                                     The pleas in law and main arguments raised by the
                         (98/C 94/64)                                applicant are similar to those raised in Cases T-195/94
                                                                     and T-202/94 Quiller and Heusmann v. Council and
               (Language of the case: French)
                                                                     Commission (1) and T-10/96 Lay v. Council and
An action against the Commission of the European                     Commission (2).
Communities was brought before the Court of First
Instance of the European Communities on 5 December                   In relation to the five-year limitation period under
1997 by SPRL Ecole de Maîtrise Automobile, established               Article 43 of the Protocol on the (EC) Statute the Court of
in Luxembourg, represented by Luc Van Damme, of the                  Justice, the applicant contends that it only began to run
Brussels Bar, with an address for service in Luxembourg at           from the date when that Court held that the non-
the Chambers of Farida Chorfi, 8 Rue des Girondins.                  allocation of quota to the SLOM III group was illegal.
                                                                     Alternatively, the failure to provide for a SLOM III quota
The applicant claims that the Court should:
                                                                     constituted a continuing breach up to the date of its
                                                                     introduction in 1993 and the Council and the Commission
Ð annul the Commission's decision of unknown date
                                                                     were therefore guilty of a continuing breach of the
    awarding the contract to train the Commission's
                                                                     applicant's legitimate expectations from the end of the
    drivers to the Jesco Auto Training School,
                                                                     non-marketing scheme until that date.
Ð annul the rejection implied thereby of the applicant's
    tender.                                                          (1) OJ C 188, 9.7.1994, p. 16, and
                                                                         OJ C 218, 6.8.1994, p. 22.
Pleas in law and main arguments adduced in support:                  (2) OJ C 133, 4.5.1996, p. 23.
The pleas in law and main arguments are analogous to
those relied upon in Case T-302/97.
                                                                     Action brought on 8 December 1997 by Jimmy Hull
                                                                     against the Council of the European Union and the
Action brought on 8 December 1997 by W. J. C. Hilsdon                         Commission of the European Communities
against the Council of the European Union and the                                           (Case T-305/97)
         Commission of the European Communities
                       (Case T-304/97)                                                        (98/C 94/66)
                         (98/C 94/65)
                                                                                    (Language of the case: English)
               (Language of the case: English)
An action against the Council of the European Union and              An action against the Council of the European Union and
the Commission of the European Communities was                       the Commission of the European Communities was
brought before the Court of First Instance of the European           brought before the Court of First Instance of the European
Communities on 8 December 1997 by W. J. C. Hilsdon,                  Communities on 8 December 1997 by Jimmy Hull,
represented by Rory Hutchings, Solicitor, of Messrs                  represented by Rory Hutchings, Solicitor, of Messrs
Dawson & Co, of 2 New Square, Lincoln's Inn, London                  Dawson & Co., of 2 New Square, Lincoln's Inn, London
WC2A 3RZ.                                                            WC2A 3RZ.