CELEX: C1998/137/36
Language: en
Date: 1998-05-02 00:00:00
Title: ORDER OF THE PRESIDENT OF THE COURT OF FIRST INSTANCE of 3 March 1998 in Case T-610/97 R: Hanne Norup Carlsen and Others v. Council of the European Union (Decision refusing access to certain documents - Opinion of the Legal Service - Protection of the public interest - Application for interim measures - Request that documents be released to a national court)

C 137/16              EN                  Official Journal of the European Communities                                   2.5.98
     ORDER OF THE COURT OF FIRST INSTANCE                            Instance suspending the operation, in part and subject to
                      of 20 March 1998                               certain conditions, of Council Decision 97/803/EC of
                                                                     24 November 1997 amending at mid-term Decision 91/
in Case T-301/97: Pierre-Alexis Feral v. Committee of the            482/EEC on the association of the overseas countries and
                          Regions (1)                                territories with the European Economic Community (1) Ð
(Officials Ð Time limit for lodging complaint Ð Manifest             the President of the Court of First Instance made an order
                 inadmissibility of the action)                      on 2 March 1998, the operative part of which is as
                                                                     follows.
                        (98/C 137/34)
               (Language of the case: French)                        1. The application for interim measures is dismissed.
In Case T-301/97: Pierre-Alexis Feral, official of the
Committee of the Regions, residing at Brussels,                      2. Costs are reserved.
represented by Georges Vandersanden, of the Brussels Bar,
with an address for service in Luxembourg at Fiduciaire
Myson SARL, 30, rue de Cessange, against Committee of                (1) OJ L 329, 29.11.1997, p. 50.
the Regions (Agents: Jordi Garcia-Petit and Denis
Waelbroeck) Ð application for the annulment of a
decision of the Committee of the Regions of 2 September
1997 refusing to grant to the applicant the daily
subsistence allowance provided for by the first paragraph
of Article 10(2)(b) of the Staff Regulations of Officials of
the European Communities Ð the Court of First Instance                              ORDER OF THE PRESIDENT
(Fourth Chamber), composed of P. Lindh, President, K.                          OF THE COURT OF FIRST INSTANCE
Lenaerts and J. D. Cooke, Judges; H. Jung, Registrar,
made an order on 20 March 1998, the operative part of                                      of 3 March 1998
which is as follows:                                                 in Case T-610/97 R: Hanne Norup Carlsen and Others v.
                                                                                    Council of the European Union
1. The action is dismissed as manifestly inadmissible.
                                                                     (Decision refusing access to certain documents Ð Opinion
                                                                     of the Legal Service Ð Protection of the public interest Ð
2. Each party is to bear its own costs.
                                                                     Application for interim measures Ð Request that
                                                                              documents be released to a national court)
(1) OJ C 26, 24.1.1998.
                                                                                             (98/C 137/36)
                                                                                    (Language of the case: Danish)
               ORDER OF THE PRESIDENT
         OF THE COURT OF FIRST INSTANCE                              In Case T-610/97 R: Hanne Norup Carlsen, residing in
                       of 2 March 1998                               Kokkedal (Denmark), Ingeborg Fangel, residing in
                                                                     Copenhagen, Nicolas Fischer, residing in Copenhagen,
in Case T-310/97 R: Government of the Netherlands                    Jùrgen Erik Hansen, residing in Frederiksberg (Denmark),
         Antilles v. Council of the European Union                   Marianne Henriksen, residing in Karrebñksminde
(Association of the overseas countries and territories Ð             (Denmark), Ole Donbñk Jensen, residing in Copenhagen,
Decision amending at mid-term the OCT Decision Ð                     Yvonne Petersen, residing in Copenhagen, Iver Reedtz-
Interlocutory proceedings Ð Application for interim                  Thott, residing in Copenhagen, Lars Ringholm, residing in
               measures Ð Urgency Ð None)                            Ringsted (Denmark), Arne Würgler, residing in Hellerup
                                                                     (Denmark), represented by Karen Dyekjñr-Hansen and, at
                        (98/C 137/35)                                the hearing, by Katja Hùegh, of the Copenhagen Bar, with
                                                                     an address for service in Luxembourg at the Chambers of
               (Language of the case: English)                       Aloyse May, 31, Grand-rue, v. Council of the European
                                                                     Union (Agents: Jean-Claude Piris, Bjarne Hoff-Nielsen,
In Case T-310/97 R, Government of the Netherlands                    and Martin Bauer) Ð application for interim measures,
Antilles, represented by Pierre Vincent FrancËois Bos and            requesting, first, an injunction ordering the Council to
Marco Marinus Slotboom, of the Rotterdam Bar, with an                release to the Hùjesteret (Danish Supreme Court) and the
address for service in Luxembourg at the Chambers of                 parties in the case pending before that court documents
Marc Loesch, 11, rue Goethe, against Council of the                  DOK.R/2026/77 (ENV.118) (AGRI 563) and DOK.R/
European Union (Agents: Jürgen Huber and Guus                        1867/77 (JUR.95) (ENV.106) and, secondly, that the
Houttuin), supported by the Commission of the European               Hùjesteret and the parties to the proceedings be required
Communities (Agents: Thomas van Rijn and Xavier                      not to divulge, in the course of any public hearing, the
Lewis) and Italian Republic (Agents: Umberto Leanza and              tenor of the documents so released, the President of the
Francesca Quadri) Ð application for interim measures in              Court of First Instance has made an order on 3 March
the form of an order of the President of the Court of First          1998, in which he:
 ---pagebreak--- 2.5.98               EN                Official Journal of the European Communities                                   C 137/17
1. dismisses the application for interim measures;                Communities in accordance with Article 47(1) of the EC
                                                                  Statute of the Court of Justice.
2. reserves the costs.
                                                                  The applicant claims that the Court should:
                                                                  Ð annul the decision of the Commission of the European
                                                                       Communities of 25 November 1997 (K (97) 3620),
              ORDER OF THE PRESIDENT                              Ð declare that the applicant's case is one of hardship
         OF THE COURT OF FIRST INSTANCE                                within the meaning of Article 30 of Regulation (EEC)
                      of 2 March 1998                                  No 404/93.
in Case T-24/98 R: Antonio Pernice v. Commission of the           Pleas in law and main arguments adduced in support:
                  European Communities
(Temporary member of staff Ð Suspension Ð Suspension              In 1991 the applicant made investments in a banana-
        of operation Ð No need to give a decision)                ripening centre. In its view there had at that time been no
                                                                  grounds at all to suppose that the market in bananas
                        (98/C 137/37)
                                                                  might be affected by Commission intervention or other
                                                                  regulatory measures. When the proposal for the
              (Language of the case: French)                      organisation of the market in bananas was put forward all
                                                                  the applicant's investments had already been made. The
In Case T-24/98 R: Antonio Pernice, a member of the               reference years used as a basis, which have caused the
temporary staff at the Commission of the European                 applicant heavy losses, unfairly place it at a disadvantage.
Communities, represented by Ariane Tornel and Jean-NoeÈl
Louis, of the Brussels Bar, with an address for service in        Furthermore, the organisation of the market has resulted
Luxembourg at Fiduciaire Myson SARL, 30, rue de                   in improper interference with the applicant's business
Cessange, against Commission of the European                      enterprise which has been set up and carried on, because a
Communities (Agents: Gianluigi Valsesia and Julian                special sacrifice is expected of the applicant, in contrast to
Currall) Ð application for suspension of the operation of         other traders. It simultaneously follows, moreover, that the
the decision of the Commission of the European                    applicant and its shareholders and management are being
Communities of 12 November 1997 seeking to maintain               denied the right freely to choose their trade, without
the suspension imposed on the applicant pursuant to               reasons which would justify such a difference in treatment
Article 88 of the Staff Regulations and the second                being apparent.
paragraph of Article 49(1) of the conditions of
employment of other servants of the European
Communities Ð the President of the Court of First
Instance made an order on 2 March 1998, the operative
part of which is as follows:
                                                                  Action brought on 2 March 1998 by Aruba against the
1. there is no need to adjudicate on the application;                            Council of the European Union
                                                                                          (Case T-36/98)
2. costs are reserved.
                                                                                           (98/C 137/39)
                                                                                  (Language of the case: English)
                                                                  An action against the Council of the European Union was
                                                                  brought before the Court of First Instance of the European
Action brought on 3 February 1998 by Hermanek &
                                                                  Communities on 2 March 1998 by Aruba, represented by
    Rademacher GmbH against the Commission of the
                                                                  Mr P. V. F. Bos and Mr M. Slotboom, with an address for
                  European Communities
                                                                  service in Luxembourg at the Offices of Loesch & Wolter,
                       (Case T-26/98)                             11, rue Goethe.
                        (98/C 137/38)
                                                                  The applicant claims that the Court should:
             (Language of the case: German)
                                                                  Ð annul Council Decision 97/803 of 24 November
An action against the Commission of the European                       1997 (1) pursuant to Articles 173 and 174 of the EC
Communities was brought before the Court of First                      Treaty,
Instance of the European Communities on 3 February
1998 by Hermanek & Rademacher GmbH, Cologne,                      or, in the alternative,
represented by, and with an address for service at the
offices of, Hubert Weber, Rechtsanwalt, 14, Zülpicher             Ð annul paragraphs 31, 32, 53 (in so far as they concern
Platz, Cologne. The application was transmitted to the                 Article 232(1), first and second indent, of Council
Registry of the Court of First Instance of the European                Decision 91/482/EEC), 54 and 55 of Article 1 of