CELEX: C1996/031/49
Language: en
Date: 1996-02-03 00:00:00
Title: Removal from the register of Case T-224/94

No C 31 /20            EN                  Official Journal of the European Communities                                           3 . 2 . 96
The choice of a 5 % profit margin is difficult to understand          Commission has hitherto failed to adopt a final decision
in that in a regional procedure limited to the United                 regarding their application for a negative clearance or an
Kingdom concerning the same product, which led the                    exemption for the rules for the certification of crane hire
Commission to accept quantitative undertakings from May               businesses which they have notified, and which include a
1994 , it accepted a profit margin of 10% .                           prohibition on the hiring of non-certificated cranes . In
                                                                      interlocutory proceedings the national court has ordered
The applicant finally considers that a 15 % profit margin is          that the prohibition of hiring such cranes is not to be applied
the vital minimum which would enable the Community                    until the Commission has adopted a final decision. The
industry, on the one hand, to finance necessary sustaining            applicants claim that as a result of the prohibition by the
investment and, on the other hand, to reinvest for updating           court there is a danger that the national Raad voor de
and replacing existing capacities .                                   Certificatie will withdraw its recognition of the applicants,
                                                                      which threatens their existence and impairs their good
                                                                      reputation .
                                                                      The applicants consider that the Commission's failure is
                                                                      unlawful because it infringes Article 6 of the European
                                                                      Convention on the Protection of Human Rights, in
Action brought on 27 November 1995 by the Stichting                   particular the requirement for a fair timelimit to
Certificatie Kraanverhuurbedrijf and the Federatie van                proceedings, and because it infringes general principles of
Nederlandse Kraanverhuurbedrijven against Commission                  law, namely the principle of legal certainty, the principle of
                 of the European Communities                          the protection of legitimate expectations and the applicants'
                        ( Case T-2 13/95 )                            right to a hearing.
                           ( 96/C 31 /47
                  (Language of the case: Dutch)
An action against the Commission of the European                             Removal from the register of Joined Cases T-97/93
Communities was brought before the Court of First                                                  and others (M
Instance of the European Communities on 27 November                                                   96/C 31 /48
 1995 by the Stichting Certificatie Kraanverhuurbedrijf and
the Federatie van Nederlandse Kraanverhuurbedrijven,                                   (Language of the case: German)
whose registered offices are both at Culemborg
 ( Netherlands ), represented by M. van Empel, of the                 By order of 11 December 1995 the President of the First
Amsterdam Bar, and T. Janssens, of the Brussels Bar, with             Chamber ( Extended Composition ) of the Court of First
an address for service in Luxembourg at the Chambers of               Instance of the European Communities ordered the removal
M. Loesch, 11 Rue Goethe .                                            from the register of Cases T-142/93 : Heinz Giinther Herken
                                                                      v. Council of the European Union and Commission of the
The applicants claim that the Court should:                           European Communities, and T-149/93 : Hans Roper v.
                                                                       Council of the European Union and Commission of the
 1 . hold the European Community liable for the damage                European Communities.
      which the applicants are suffering and will suffer as a
      result of the unlawful conduct of the Commission cited           ( ] ) OJ No C 178 , 18 . 7. 1990, OJ No C 146 , 5 . 6 . 1991 and OJ
                                                                             No C 44 , 19 . 2 . 1992 .
      in the application;
 2 . order the European Community to pay compensation
      for that damage and to establish the extent of the
      damage in consultation with the applicants, and if the
      parties are not able to reach a mutual agreement                         Removal from the register of Case T-224/94 ( J )
      regarding the determination of the extent of the damage                                          96/C 31 /49
      to declare that the Court will establish its extent, if
      necessary after appointing an expert in order to quantify                         (Language of the case: English)
      exactly what damage has been suffered;
                                                                       By order of 18 December 1995 the President of the Fifth
  3 . order the European Community to pay the costs of these           Chamber ( Extended Composition ) of the Court of First
      proceedings .                                                    Instance of the European Communities ordered the removal
                                                                       from the register of Case T-224/94 : Ferchimex N.V. v.
  Pleas in law and main arguments adduced in support:                   Council of the European Union, supported by the
                                                                        Commission of the European Communities .
  The applicants claim that despite an express call for it to act,
  made pursuant to Article 175 of the EC Treaty, the                    (!) OJ No C 218 , 6 . 8 . 1994 .