CELEX: C1995/268/50
Language: en
Date: 1995-10-14 00:00:00
Title: ORDER OF THE PRESIDENT OF THE COURT OF FIRST INSTANCE of 18 August 1995 in Case T-146/95 R: Giorgio Bernardi v. European Parliament

14 . 10 . 95            EN                  Official Journal of the European Communities                                   No C 268/23
      ORDER OF THE COURT OF FIRST INSTANCE                             Parliament concerning the subsequent conduct of that
                          of 29 June 1995                              procedure, the President of the Court of First Instance has
                                                                       made an order on 18 August 1995 , in which :
in Case T-6/95 : Cantine dei colli Berici coop, arl v.
        Commission of the European Communities ( J )                   1 , the application for interim measures is dismissed;
(Agriculture — Common organization ofthe market in wine
— System of compulsory distillation — Admissibility —                  2,   the costs are reserved.
       Applicant individually concerned by a regulation)
                           ( 95/C 268/49 )
                 (Language of the case: Italian)
                                                                       Action brought on 28 February 1995 by Comafrica SpA and
In Case T-6/95 : Cantine dei colli Berici coop , arl, having its       another against the Commission of the European
                                                                                                  Communities
registered office in Lonigo ( Italy ), represented by Ivone
Cacciavillani, of the Venice Bar, with an address for service                                  ( Case T-72/95 )
in Luxembourg at the Chambers of Alain Lorang, 51 rue                                            ( 95/C 268/51 )
Albert I er, against Commission of the European
Communities ( Agents : Eugenio de March and Alberto Dal                                (Language of the case: English)
Ferro ) — application for the annulment of Article 1 ( 1 ) of
Commission Regulation ( EC ) No 3151 /94 of 21 December
1994 introducing a further derogation from the detailed                An action against the Commission of the European
rules for the delivery by producers of the table wine they are         Communities was brought before the Court of First
required to deliver for compulsory distillation in respect of          Instance of the European Communities on 28 February
the 1993/94 wine year ( OJ L 332, 1994, p. 32 ) — the Court            1 995 by Comafrica SpA, established at Genoa (Italy ), and
of First Instance (Third Chamber), composed of: J.                     Dole Fresh Fruit Europe Ltd & Co ., established at Hamburg
Biancarelli, President, C. P. Briët and C. W. Bellamy, Judges;         ( Germany ), represented by Bernard O'Connor, Solicitor
H. Jung, Registrar, made an order on 29 June 1995 , the                ( Ireland ), with an address for service in Luxembourg at the
operative part of which is as follows :                                Chambers of Arsène Kronshagen, 12 boulevard de la
                                                                       Foire .
I , the application is dismissed as inadmissible;
                                                                       The applicants claim that the Court should :
2 , the applicant is ordered to pay the costs, including those
      relating to the application for interim measures;                — déclaré the application admissible,
3 , the Council shall bear the costs which it incurred in              — declare void Commission Regulation ( EC ) No 2947/94
      submitting its application to intervene.                              of 2 December 1994 fixing the single reduction
                                                                            coefficient for the determination of the quantity of
                                                                            bananas to be allocated to operators in categories A and
( 1 ) OJ No C 74, 25 . 3 . 1995 .                                           B from the tariff quota for 1995 ( ! ), in so far as it affects
                                                                            the applicants, or alternatively, erga omnes,
                                                                       — order the Commission to pay the costs.
                                                                       Pleas in law and main arguments adduced in support:
                ORDER OF THE PRESIDENT
           OF THE COURT OF FIRST INSTANCE                              The applicants, both of which import bananas into the
                                                                       Community, dispute the decisions of the Commission to
                        of 18 August 1995
                                                                       reduce the quantity of bananas allocated to them for the
in Case T-146/95 R: Giorgio Bernardi v. European                       year 1995 through the allocation of a provisional reduction
                              Parliament                               coefficient set out in the contested regulation.
                           ( 95/C 268/50 )
                                                                       They maintain, first, that the Commission determined the
                                                                       reduction coefficient on the basis of wrongly calculated
                 (Language of the case: French)                        reference quantities, in that the contested Regulation
                                                                       acknowledges that certain quantities have been counted
In Case T- 1 46/95 R: Giorgio Bernardi, a former official of           twice for different operators in several Member States, and
the European Parliament, residing in Luxembourg,                       that the criteria for determining the activities giving right to
represented by Giancarlo Lattanzi, of the Massa-Carrara                an allocation from the tariff quota have been incorrectly
Bar ( Italy ), with an address for service in Luxembourg at the        applied . The Commission has further admitted that the
applicant's residence, 33 rue Godchaux v . European                     1995 reference quantities can only be laid down after
Parliament ( Agents : Ezio Perillo and Christian Pennera ) —           further checks have been made . In the circumstances, it has
application for interim measures, namely for suspension of             chosen to fix a provisional reduction coefficient using
the procedure for appointment to the office of Ombudsman               wrong information, but without the necessary express
and for various instructions to be addressed to the European           power so to do.