CELEX: C2000/063/47
Language: en
Date: 2000-03-04 00:00:00
Title: Case T-321/99: Action brought on 15 November 1999 by Garage en Tankstation Milder V.O.F. against the Commission of the European Communities

C 63/24               EN                      Official Journal of the European Communities                                     4.3.2000
Action brought on 15 November 1999 by Garage en                          — order the Commission to pay to the applicant the sum of
Tankstation Milder V.O.F. against the Commission of the                      FF 20 000 in respect of the unrecoverable expenditure
                    European Communities                                     which he was obliged to incur in the defence of his
                                                                             interests.
                        (Case T-321/99)
                                                                         Pleas in law and main arguments
                         (2000/C 63/47)
                                                                         The applicant submits that the Commission unlawfully failed
                   (Language of the case: Dutch)                         to reply to the request which he had made to it for access to
                                                                         certain documents, thereby infringing Article 232 EC (ex
                                                                         Article 175) and Commission Decision 94/90/ECSC, EC,
An action against the Commission of the European Communi-
                                                                         Euratom (1) of 8 February 1994 on public access to Com-
ties was brought before the Court of First Instance of the
                                                                         mission documents.
European Communities on 15 November 1999 by Garage en
Tankstation Milder V.O.F., of Gendt (Netherlands), represented
by M.J.C. Deriks, of the Rotterdam Bar.                                  (1) OJ L 46 of 18.2.1994, p. 58.
The applicant claims that the Court should:
(a) annul the Commission’s decision [C(1999) 2539 final] (1)
    of 20 July 1999 concerning State aid granted by the
    Netherlands to 633 service stations in the region bordering
    Germany;
                                                                         Action brought on 17 November 1999 by Generale
(b) order the Commission to pay the costs.                               Conserve Spa against the Commission of the European
                                                                                                   Communities
Pleas in law and main arguments                                                                  (Case T-325/99)
The pleas in law and main arguments are the same as in Cases                                      (2000/C 63/49)
T-273/99 to T-278/99.
(1) OJ L 280 of 30.10.1999, p. 87.                                                          (Language of the case: Italian)
                                                                         An action against the Commission of the European Communi-
                                                                         ties was brought before the Court of First Instance of the
                                                                         European Communities on 17 November 1999 by Generale
                                                                         Conserve Spa, with Carlo Cigolini and Giuseppe Durazzo, of
                                                                         the Genoa Bar, and Mathis Hengel, of the Luxembourg Bar,
                                                                         with an address for service in Luxembourg at the latter’s
Action brought on 16 November 1999 by Karl L. Meyer                      Chambers, 12 Avenue de la Porte Neuve.
  against the Commission of the European Communities
                                                                         The applicant claims that the Court should:
                        (Case T-322/99)
                                                                         — annul the contested decision;
                         (2000/C 63/48)
                                                                         — order the Commission to pay the costs of the proceedings.
                   (Language of the case: French)
                                                                         Pleas in law and main arguments
An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the               The applicant contests the Commission decision of 17 June
European Communities on 16 November 1999 by Karl                         1999 rejecting its application for exemption from the post-cle-
L. Meyer, domiciled in Raiatea (French Polynesia), represented           arance recovery of customs duties in respect of 9 IM4
by Jean-Dominique des Arcis, of the Papeete Bar, with an                 certificates — representing a total of ITL 330 517 600 —
address for service in Luxembourg c/o M. Pakowski, 20-22                 relating to 9 consignments of processed and tinned tuna
Avenue Emile Reuter.                                                     deriving from raw material declared as being of Turkish origin
                                                                         but later regarded as being of third-country origin on the
The applicant claims that the Court should:                              ground that the Turkish supplier allegedly failed to keep raw
                                                                         material of Turkish or Community origin separate from stocks
— rule that Commission DG VIII has infringed Article 175 of              of third-country origin and it was impossible therefore to issue
    the EC Treaty;                                                       the related ATR 1 certificates.