CELEX: C1995/054/37
Language: en
Date: 1995-03-04 00:00:00
Title: Removal from the register of Case T-45/92

4 . 3 . 95            EN                 Official Journal of the European Communities                                   No C 54/1 9
2. join the present action to that already pending in Case          — order the Community to pay the applicant ECU 10
     T-77/93 Hulseberg and Others v. Council and                        million by way of damages and to pay the costs,
      Commission and also stay the proceedings.
                                                                    — grant interim relief regardless of the proceedings and
Pleas in law and main arguments                                         without requiring a guarantee.
The pleas in law and main arguments are similar to those in
Case T-20/94 .                                                      Pleas in law and main arguments
                                                                    The applicant contests the Commission's decision to
                                                                    proceed no further with its complaint concerning the
                                                                    infringement of the Community rules on competition by the
Action brought on 16 January 1995 by the Amicale des                undertakings possessing the sole operating franchise in
Residents du Square d'Auvergne against Commission of the            respect of the district heating system for Massy-Antony.
                    European Communities
                         (Case T-5/95 )                             The applicant claims first of all that, in taking the decision to
                                                                    proceed no further on the ground of the alleged lack of a
                          ( 95/C 54/36 )
                                                                    Community interest, the Commission made a manifest error
                                                                    of assessment of the facts of the case.
               (Language of the case: French)
An action against the Commission of the European                    Secondly, the undertakings in question have participated in
Communities was brought before the Court of First                   agreements and concerted practices which have as their
Instance of the European Communities on 16 January 1995             object the restriction or distortion of competition in a
by the Amicale des Residents du Square d'Auvergne, whose            substantial part of the common market, increasing by a
headquarters are in Massy ( France ), represented by                disproportionate amount the costs to be borne by the
                                                                    tenants .
Jean-Marc Florand and Karim Achoui, of the Paris Bar.
The applicant claims that the Court of First Instance               Lastly, the Commission's inaction is ground for a
should :                                                            declaration that Article 155 of the Treaty has also been
                                                                    infringed.
— declare that the Commission has exceeded its powers
     and that it has failed to act,
— declare void the declaratory decisions (D/09735 and
     D/10419 ) issued by Directorate-General IV
     ( Competition ) on 20 September 1994 and 5 October
     1994 respectively and the declaratory decision ( SPC/D               Removal from the register of Case T-45/92 ( a )
     03463 ) issued by the Consumer Policy Service on
     26 October 1994,                                                                         ( 95/C 54/37)
— order the Commission to take further steps — in strict                          (Language of the case: French)
     compliance with the guidelines laid down by the Court
     of First Instance in Automec v. Commission ( Case
     T-24/90 [ 1992] ECR 11-2223 ) and other judgments              By order of 4 January 1995 the President of the Third
     contributing to that branch of case-law — for the              Chamber of the Court of First Instance of the European
     thorough investigation of the grounds set out in the           Communities ordered the removal from the register of Case
     original complaint of 25 July 1994 submitted by the            T-45/92: Loek Rijnoudt v. Commission of the European
                                                                    Communities .
     applicant against the French State, SIMACUR, HLM
     Residences le Logement des Fonctionnaires, CURMA
     and UFINER-COFRETH,                                            (!) OJ No C 182 , 18 . 7. 1992 .