CELEX: C1998/209/83
Language: en
Date: 1998-07-04 00:00:00
Title: ORDER OF THE COURT OF FIRST INSTANCE of 29 April 1998 in Case T-367/94: British Coal Corporation v. Commission of the European Communities (ECSC Treaty - Action for annulment of an implied decision of refusal - Action manifestly lacking any foundation in law)

4.7.98                EN                 Official Journal of the European Communities                                 C 209/39
  JUDGMENT OF THE COURT OF FIRST INSTANCE                           Currall and Rosemary Caudwell), supported by National
                       of 14 May 1998                               Association of Licensed Opencast Operators, having its
                                                                    registered office in Swindon (United Kingdom),
in Case T-21/97: Sofia Goycoolea v. Commission of the               represented by Nicholas Green and Mark Hoskins,
                  European Communities (1)                          Barristers, instructed by David Wilson, Alexander Dowie
(Temporary staff Ð False information given in the                   and Christopher Jobson, Solicitors, with an address for
application for appointment Ð Article 50(1) of the                  service in Luxembourg at the Chambers of Victor Gillen,
Conditions of Employment of Other Servants Ð Third                  13 Rue Aldringen Ð application for the annulment of the
subparagraph of Article 5(1) of the Staff Regulations Ð             Commission's implied decision refusing to reject the
Conditions governing the form in which complaints are to            complaint against the applicant lodged by the National
                           be made)                                 Association of Licensed Opencast Operators on 15 June
                                                                    1994 Ð the Court of First Instance (Third Chamber),
                        (98/C 209/82)                               composed of: V. Tiili, President, C. P. BrieÈt and A.
                                                                    Potocki, Judges; H. Jung, Registrar, has made an order on
               (Language of the case: French)                       29 April 1998, the operative part of which is as follows:
In Case T-21/97: Sofia Goycoolea, a former member of                1. The application is dismissed.
the temporary staff of the Commission of the European
Communities, represented by Jean-NoeÈl Louis, Thierry
Demaseure and Ariane Tornel, of the Brussels Bar, with an           2. The applicant shall pay the costs in their entirety,
address for service in Luxembourg at the offices of                     including those of the intervener.
Fiduciaire Myson SARL, 30 Rue de Cessange, v.
Commission of the European Communities (Agents: Julian              (1) OJ C 386, 31.12.1994.
Currall and Florence Duvieusart-Clotuche) Ð application
for annulment of the decision of the authority empowered
to conclude contracts of employment within the
Commission of 7 May 1996 terminating the applicant's
contract as a member of the temporary staff Ð the Court
of First Instance (Fifth Chamber), composed of: J. Azizi,
President, and R. García-Valdecasas and M. Jaeger,                  Action brought on 6 April 1998 by Danagro Adviser A/S,
Judges; A. Mair, Administrator, for the Registrar, has              Plunkett Foundation and Irish Agri-Food Development
given a judgment on 14 May 1998, in which it:                       Ltd; having formed a joint venture under Danish law
                                                                    entitled Ecord Consortium for Russian Cooperation,
                                                                       against the Commission of the European Communities
1. Dismisses the application.
                                                                                            (Case T-60/98)
2. Orders the parties to bear their own costs.                                               (98/C 209/84)
(1) OJ C 108, 5.4.1997.                                                             (Language of the case: French)
                                                                    An action against the Commission of the European
                                                                    Communities was brought before the Court of First
                                                                    Instance of the European Communities on 6 April 1998
                                                                    by Danagro Adviser A/S, established at Glostrup
     ORDER OF THE COURT OF FIRST INSTANCE                           (Denmark), Plunkett Foundation, established at Long
                       of 29 April 1998                             Hanborough (United Kingdom) and Irish Agri-Food
                                                                    Development Ltd; established at Dublin (Ireland), having
in   Case T-367/94: British Coal Corporation                v.
                                                                    formed a joint venture under Danish law entitled Ecord
       Commission of the European Communities (1)
                                                                    Consortium for Russian Cooperation, represented by Mia
(ECSC Treaty Ð Action for annulment of an implied                   Declercq and Kurt Haegeman, of the Brussels Bar, with an
decision of refusal Ð Action manifestly lacking any                 address for service in Luxembourg at the chambers of
                      foundation in law)                            Marc Loesch, 11 Rue Goethe.
                        (98/C 209/83)
                                                                    The applicant claims that the Court should:
               (Language of the case: English)
                                                                    Ð annul the Commission's decision of 17 March 1998
In Case T-367/94: British Coal Corporation, having its                  rejecting the applicants' tender, submitted in response
registered office in London, represented by David Vaughan               to an invitation to tender by the European
QC, David Lloyd Jones, Barrister, and Cyrus Mehta,                      Commission for a project financed by the TACIS fund
Solicitor, with an address for service in Luxembourg at the             entitled: Russia': Promoting Co-operative Ventures by
Chambers of Loesch & Wolter, 11 Rue Goethe, against                     Independent Farmers', brief title: Independent
Commission of the European Communities (Agents: Julian                  Farmers' Co-ops (Project No FDRUS 9701),