CELEX: C1999/299/26
Language: en
Date: 1999-10-16 00:00:00
Title: Judgment of the Court of First Instance of 8 July 1999 in Case T-158/95: Eridania Zuccherifici Nazionali SpA and Others v Council of the European Union (Common organisation of markets in the sugar sector - System of compensation for storage costs - Action for annulment - Natural and legal persons - Inadmissibility)

16.10.1999              EN                      Official Journal of the European Communities                                            C 299/21
                                                          COURT OF FIRST INSTANCE
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                   JUDGEMENT OF THE COURT OF FIRST INSTANCE
                           of 8 July 1999                                                               of 8 July 1999
in Case T-158/95: Eridania Zuccherifici Nazionali SpA and                  in Case T-168/95 Eridania Zuccherifici Nazionali SpA and
         Others v Council of the European Union (1)                                  Others v Council of the European Union (1)
(Common organisation of markets in the sugar sector —                      (Common organisation of the markets in the sugar sector
System of compensation for storage costs — Action for                      — Fixing of derived intervention prices for deficit areas
annulment — Natural and legal persons — Inadmissibility)                   — Action for annulment — Natural and legal persons
                                                                                                      — Inadmissible)
                          (1999/C 299/26)
                                                                                                      (1999/C 299/27)
                    (Language of the case: Italian)
                                                                                                (Language of the case: Italian)
In Case T-158/95: Eridania Zuccherifici Nazionali SpA, estab-
lished in Genoa (Italy), ISI — Industria Saccarifera Italiana              In Case T-168/95: Eridania Zuccherifici Nazionali SpA, whose
Agroindustriale SpA, established in Padua (Italy), Sadam                   registered office is in Genoa (Italy), Industria Saccarifera Italiana
Zuccherifici, a division of SECI — Società Esercizi Commerciali            Agroindustriale SpA, whose registered office is in Padua (Italy),
Industriali SpA, established in Bologna (Italy), Sadam Castig-             Sadam Zuccherifici, a division of Società Esercizi Commerciali
lionese SpA, established in Bologna, Sadam Abruzzo SpA,                    Industriali SpA, Sadam Castiglionese SpA and Sadam Abruzzo
established in Bologna, Zuccherificio del Molise SpA, estab-               SpA, all registered in Bologna, Zuccherificio del Molise SpA,
lished at Termoli (Italy), SFIR — Società Fondiaria Industriale            whose registered office is at Termoli (Italy) Società Fondiaria
Romagnolo SpA, established at Cesena (Italy), and Ponteco                  Industriale Romagnola SpA, whose registered office is at
Zuccheri SpA, established at Pontelagoscuro (Italy), represent-            Cesena (Italy) and Ponteco Zuccheri SpA, whose registered
ed by Bernard O’Connor, Solicitor, and Ivano Vigliotti and                 office is at Pontelagoscuro (Italy), represented by Bernard
Paolo Crocetta, of the Genoa Bar, with an address for service              O’Connor, Solicitor, and Ivano Vigliotti and Paolo Crocetta, of
in Luxembourg at the Chambers of Arsène Kronshagen, 12                     the Genoa Bar, with an address for service in Luxembourg at
Boulevard de la Foire, v Council of the European Union                     the Chambers of Arsène Kronshagen, 12 Boulevard de la Foire
(Agents: Jan-Peter Hix and Ignacio Dı́ez Parra), supported by              v Council of the European Union (Agents: Jan-Peter Hix and
Commission of the European Communities (Agent: Eugenio                     Ignacio Dı́ez Parra), supported by the Commission of the
De March) — application, in substance, for annulment, first,               European Communities (Agent: Eugenio De March) — appli-
of Council Regulation (EC) No 1101/95 of 24 April 1995                     cation for annulment of Council Regulation (EC) No 1534/95
amending Regulation (EEC) No 1785/81 on the common                         of 29 June 1995 fixing, for the 1995/96 marketing year, the
organization of the market in the sugar sector and Regulation              derived intervention prices for white sugar, the intervention
(EEC) No 1010/86 laying down general rules for the pro-                    price for raw sugar, the minimum prices for A and B beet, and
duction refund on certain sugar products used in the chemical              the amount of compensation for storage costs (OJ 1995
industry (OJ 1995 L 110, p. 1) and, second, of Council                     L 148, p. 11) in so far as it predicts, for the purposes of fixing
Regulation (EC) No 1534/95 of 29 June 1995 fixing, for the                 the derived intervention prices for white sugar, a deficit supply
1995/96 marketing year, the derived intervention prices for                situation in Italy’s production areas — the Court of First
white sugar, the intervention price for raw sugar, the minimum             Instance (First Chamber), composed of B. Vesterdorf, President,
prices for A and B beet, and the amount of compensation for                J. Pirrung and M. Vilaras, Judges; H. Jung, Registrar, gave a
storage costs (OJ 1995 L 148, p. 11) — the Court of                        judgment on 8 July 1999, the operative part of which is as
First Instance (First Chamber), composed of: B. Vesterdorf,                follows:
President, and J. Pirrung and M. Vilaras, Judges; H. Jung,
Registrar, has given a judgment on 8 July 1999, in which it:               1. The action is dismissed as inadmissible.
1. Dismisses the application as inadmissible;                              2. The applicants are ordered to pay, jointly and severally, in
                                                                                addition to their own costs, the entirety of the costs incurred by
2. Orders the applicants jointly and severally to bear their own costs          the Council in the present proceedings, including those incurred
     and to pay the costs of the Council;                                       in the action for interim relief.
3. Orders the Commission to bear its own costs.                            3. The Commission shall bear its own costs.
(1) OJ C 299 of 11.11.1995.                                                (1) OJ C 299 of 11.11.1995.