CELEX: C1998/137/32
Language: en
Date: 1998-05-02 00:00:00
Title: ORDER OF THE COURT OF FIRST INSTANCE of 13 March 1998 in Case T-247/97: Maria Lonuzzo-Murgante v. European Parliament (Officials - Application for person to be treated as dependent child - Time limit for bringing an action - Council Regulation No 1182/71 - Inadmissibility)

2.5.98               EN                  Official Journal of the European Communities                                 C 137/15
Ferro) Ð application for, first, a declaration that the             1. The action is dismissed as inadmissible.
Commission failed to act by failing to rule on Camar's
application for the allocation of licences to import                2. Each party is to bear its own costs.
bananas from non-member countries or non-traditional
ACP bananas for 1997 and subsequent years on the basis
                                                                    (1) OJ C 331, 1.11.1997.
of the quantities which it had marketed in 1988, 1989 and
1990, and, second, an order requiring the Commission to
pay compensation for the damage occasioned by that
failure Ð the Court of First Instance (Fourth Chamber),
composed of: P. Lindh, President, K. Lenaerts and J. D.
Cooke, Judges; H. Jung, Registrar, has made an order on
28 January 1998, the operative part of which is as                                 ORDER OF THE PRESIDENT
follows.                                                                      OF THE COURT OF FIRST INSTANCE
                                                                                         of 10 December 1997
1. It is unnecessary to adjudicate in the action for a              in Case T-260/97 R: Camar Srl v. Commission of the
    declaration of failure to act.                                                      European Communities
                                                                    (Common organisation of the markets Ð Bananas Ð
2. Case T-172/97 is removed from the Register of the                Application for interim measures Ð Request for the issue
    Court of First Instance.                                                              of import licences)
                                                                                             (98/C 137/33)
3. Each party shall bear its own costs, including those
    relating to the application for interim measures.                               (Language of the case: Italian)
4. The intervener in the proceedings for interim measures           In Case T-260/97 R: Camar Srl, established in Florence
    shall bear its own costs.                                       (Italy), represented by Wilma Viscardini DonaÁ, assisted by
                                                                    Mariano Paolin and Simonetta DonaÁ, of the Padua Bar,
(1) OJ C 271, 6.9.1997.
                                                                    with an address for service in Luxembourg at the
                                                                    Chambers of Ernest Arendt, 8-10, rue Mathias Hardt,
                                                                    against Commission of the European Communities
                                                                    (Agents: Jan-Peter Hix and Antonio Tanca), supported by
                                                                    the French Republic (Agent: FreÂdeÂric Pascal), application
                                                                    to the President of the Court of First Instance pursuant to
                                                                    Articles 185 and 186 to the EC Treaty for an order (a)
     ORDER OF THE COURT OF FIRST INSTANCE                           suspending the Commission's decision of 17 July 1997
                      of 13 March 1998                              rejecting the application submitted by Camar seeking the
                                                                    adoption of specific measures within the meaning of
in Case T-247/97: Maria Lonuzzo-Murgante v. European                Article 30 of Council Regulation (EEC) No 404/93 of
                        Parliament (1)                              13 February 1993 on the common organisation of the
(Officials Ð Application for person to be treated as                market in bananas (1) and, furthermore, (b) requiring the
dependent child Ð Time limit for bringing an action Ð               Commission to calculate the number of category B
    Council Regulation No 1182/71 Ð Inadmissibility)                licences, to which Camar is entitled in respect of 1998, by
                                                                    reference to the quantities of bananas imported in the
                        (98/C 137/32)                               three-year period from 1988 to 1990, and, in the
                                                                    alternative, to calculate the said licences by reference to
               (Language of the case: French)                       the quantities of bananas imported in the three-year
                                                                    period from 1989 to 1991, or by applying the criteria
                                                                    pointed out by the European Parliament and its
In Case T-247/97: Maria Lonuzzo-Murgante, official of               Amendment No 8 to the proposal of the Commission,
the European Parliament, residing in Luxembourg,                    submitted on 8 March 1996, to amend Regulation (EEC)
represented by Jean-NoeÈl Louis, Thierry Demaseure and              No 404/93 and, in the further alternative, to grant to
Ariane Tornel, of the Brussels Bar, with an address for             Camar financial aid equal to the market value of the
service in Luxembourg at Fiduciaire Myson SARL, 30, rue             category B licences to be calculated according to one of
de Cessange, against European Parliament (Agents:                   the criteria set out above Ð the President of the Court of
Manfred Peter and Yannis Pantalis) Ð application for the            First Instance made an order on 10 December 1997, the
annulment of the decision of the Parliament of 6 February           operative part of which is as follows.
1997 rejecting the applicant's application for her daughter
to be treated as a dependent child and, in so far as                1. The application for interim measures is dismissed.
necessary, an application for annulment of the implied
decision of 6 September 1997 rejecting the applicant's
complaint against the abovementioned decision Ð the                 2. Costs are reserved.
Court of First Instance (Fourth Chamber), composed of P.
Lindh, President, K. Lenaerts and J. D. Cooke, Judges; H.           (1) OJ L 47, 25.2.1993, p. 1.
Jung, Registrar, made an order on 13 March 1998, the
operative part of which is as follows.