CELEX: C1999/265/30
Language: en
Date: 1999-09-18 00:00:00
Title: Order of the President of the Fifth Chamber of the Court of First Instance of 28 April 1999 in Case T-11/99 R: NV Firma Léon Van Parys and Others v Commission of the European Communities (Agriculture - Common organisation of the markets - Bananas - Application for additional import licences - Procedure for interim relief - Manifestly inadmissible)

18.9.1999              EN                     Official Journal of the European Communities                                      C 265/15
Judges; H. Jung, Registrar, made an order on 29 April 1999,              Action brought on 22 April 1999 by Eoghan O’Hannra-
the operative part of which is as follows:                                           chain against the European Parliament
1. The application is dismissed as inadmissible.
2. The applicant shall bear its own costs and those of the                                        (Case T-99/99)
    Commission.
(1) OJ C 327 of 24.10.1998.
                                                                                                 (1999/C 265/31)
                                                                                           (Language of the case: French)
ORDER OF THE PRESIDENT OF THE FIFTH CHAMBER                              An action against the European Parliament was brought before
           OF THE COURT OF FIRST INSTANCE                                the Court of First Instance of the European Communities
                                                                         on 22 April 1999 by Eoghan O’Hannrachain residing in
                                                                         Luxembourg, represented by Georges Vandersanden and Laure
                        of 28 April 1999                                 Levi, of the Brussels Bar, with an address for service in
                                                                         Luxembourg at the offices of Fiduciaire Myson SARL, 30 Rue
in Case T-11/99 R: NV Firma Léon Van Parys and Others                    de Cessange.
       v Commission of the European Communities
(Agriculture — Common organisation of the markets —                      The applicant claims that the Court should:
Bananas — Application for additional import licences —
   Procedure for interim relief — Manifestly inadmissible)
                                                                         — annul the decision taken by the appointing authority
                                                                             on 16 July 1998 appointing Mr L.V. to the post of
                        (1999/C 265/30)                                      Director-General of the Directorate-General for Finance
                                                                             and Financial Control, the decision of the same date
                                                                             rejecting the application for that post submitted by the
                   (Language of the case: Dutch)                             applicant and, in so far as may be necessary, the decision
                                                                             dated 21 January 1999 rejecting the applicant’s complaint;
In Case T-11/99 R: NV Firma Léon Van Parys and NV Pacific
Fruit Company, both established in Antwerp (Belgium), Pacific            — request the defendant to produce the notes sent by the
Fruchtimport GmbH, established in Hamburg (Germany), and                     Secretary-General to the Bureau on 22 December 1997
Pacific Fruit Company Italy SpA, established in Rome (Italy),                and 13 and 16 July 1998 (documents PE 265.377/BUR,
all represented by P. Vlaemminck, L. Van Den Hende and                       PE 271.309/BUR and PE 271.309/BUR/ADD), together
J. Holmens, of the Ghent Bar, with an address for service in                 with the file relating to Mr L.V.’s application for the post
Luxembourg at the Chambers of Loesch & Wolter, 11 Rue                        of Director-General of the Directorate-General for Finance
Goethe, against the Commission of the European Communities                   and Financial Control;
(Agent: Hubert van Vliet), supported by the Kingdom of Spain
(Agent: Rosario Silva de Lapuerta) and the French Republic               — order the defendant to pay damages provisionally quanti-
(Agent: Kareen Rispal-Bellanger) — application under                         fied, on an equitable basis, in the sum of 100 000 euros;
Articles 185 and 186 of the EC Treaty requesting the Court of
First Instance to allow the applicants — or order the Com-               — order the defendant to pay the costs.
mission to take the necessary measures to allow them — to
import in 1999 a quantity of bananes equal to the average of
the quantifies imported by them into the European Community
during 1994 to 1996 and cleared through customs on the
strength of an import licence either by the applicants them-
selves or by another licensee or to make any other appropriate           Pleas in law and main arguments
interim order — the President of the Fifth Chamber of the
Court of First Instance made an order on 28 April 1999, the
operative part of which is as follows:
                                                                         The pleas in law and main arguments are the same as those
                                                                         advanced in Case T 97/99 (Chamier v Parliament).
1. The application for interim measures is dismissed.
2. Costs are reserved.