CELEX: C1998/113/42
Language: en
Date: 1998-04-11 00:00:00
Title: Action brought on 14 November 1997 by AssiDöman Kraft Products AB and six other Swedish wood pulp companies against the Commission of the European Communities (Case T-292/97)

11.4.98               EN                Official Journal of the European Communities                                C 113/17
2. the applicants are ordered to pay the costs.                    requested the Commission to reimburse the fines paid by
                                                                   them. By letter of 4 October 1995, the Commission
(1) OJ C 271, 6.9.1997.                                            refused on the ground that the decision imposing the fines
(2) OJ L 95, 10.4.1997, p. 19.                                     was still standing with regard to the applicants. The
                                                                   applicants applied to the Court of First Instance for the
                                                                   annulment of the Commission's decision of refusal (1). By
                                                                   judgment of 10 July 1997 the Court of First Instance
                                                                   annulled that decision.
Action brought on 14 November 1997 by AssiDöman
                                                                   The applicants state that the Court of First Instance held
Kraft Products AB and six other Swedish wood pulp
                                                                   that, pursuant to Article 176 of the Treaty, the
companies against the Commission of the European
                                                                   Commission should have reviewed, in the light of the
                          Communities
                                                                   wood pulp judgment, the lawfulness of the wood pulp
                       (Case T-292/97)                             Decision in so far as it applies to the Swedish addressees
                         (98/C 113/42)                             and, if it concluded that there was no lawful basis for the
                                                                   fines imposed on them, it would be required, by virtue of
                                                                   the rule of law and pursuant to the principle of proper
               (Language of the case: English)
                                                                   administration, to repay the fines.
An action against the Commission of the European
Communities was brought before the Court of First                  By letter of 12 August 1997, the applicants called on the
Instance of the European Communities on 14 November                Commission to take a position on the obligations arising
1997 by AssiDöman Kraft Products AB and six other                  out of the judgment of 10 July 1997 within two months of
Swedish wood pulp companies, represented by John                   receipt of that letter. No response of any kind was
Pheasant, Solicitor of the Supreme Court of England and            received from the Commission.
Wales, of Lovell White Durrant, with an address for
service in Luxembourg at the offices of Loesch & Wolter,
11 rue Goethe, Luxembourg.                                         The applicants maintain that the Commission, though
                                                                   called on to act, has failed to comply with the obligations
                                                                   arising out of the judgment of 10 July 1997, contrary to
The applicants claim that the Court should:
                                                                   Article 176 of the Treaty and in defiance of the principle
                                                                   of proper administration and of the rule of law.
Ð declare, pursuant to Article 175 of the EC Treaty, that,
    in breach of Article 176 of that Treaty, the
    Commission has failed to take the necessary measures           (1) Case T-227/95 (OJ C 64, 2.3.1996, p. 16).
    to comply with the Court's judgment of 10 July 1997,
Ð order, pursuant to Article 176 of the Treaty and
    without prejudice to the rights of the applicants under
    the second paragraph of Article 215 thereof, the
    Commission to take the necessary measures to comply            Action brought on 26 January 1998 by Amedeo Musso
    with the judgment of 10 July 1997,                                against the Commission of the European Communities
                                                                                          (Case T-23/98)
Ð order the Commission to pay the costs.
                                                                                           (98/C 113/43)
Pleas in law and main arguments adduced in support:
                                                                                   (Language of the case: Italian)
The applicants, or their predecessors in title, were among
the addressees of Commission Decision 85/202/EEC of
19 December 1984 relating to a proceeding pursuant to              An action against the Commission of the European
Article 85 of the EC Treaty (IV/29.725 Ð Wood pulp) by             Communities was brought before the Court of First
which the Commission imposed fines on 43 of the                    Instance of the European Communities on 26 January
addressees of the Decision. The applicants, who had never          1998 by Amedeo Musso, represented by Vincenzo Cinque
accepted the allegations of infringement, did not bring an         and Luciana Candriella, of the Udine Bar, 34 via
action for annulment of the Decision and paid the fines to         Morpurgo, Udine.
the Commission. On application by other addressees of
the Decision, the Court of Justice, by judgment of
31 March 1993 in Joined Cases C-89/85, C-104/85,                   The applicant claims that the Court should:
C-114/85, C-116/85, C-117/85 and C-125/85 to C-129/
85, A. Ahlström Oy v. Commission, annulled, inter alia,            Ð annul Commission Decision C(97) 2735 final of
two of the key findings of infringement with the result                 30 July 1997,
that the Commission was required to repay to the
producers who had been parties to those proceedings the
fines imposed on the basis of those findings of                    Ð in the alternative, annul Article 5 of that Decision
infringement. Pursuant to that judgment, the applicants                 inasmuch as it requires the Member State to recover