CELEX: C1995/286/25
Language: en
Date: 1995-10-28 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 14 September 1995 in Case T-571/93: Lefebvre Frères et Soeurs v. Commission of the European Communities (Agriculture - Bananas - Action for damages - Delay in submitting a proposal for a regulation establishing the common organiziation of the market - Validity of decisions of the Commission based on Article 115 of the EC Treaty)

No C 286/ 10           EN                  Official Journal of the European Communities                                    28 . 10 . 95
Germany ( Agents : Ernst Röder and Bernd Kloke ) v.                   Claude Chavance ) and Italian Republic ( Agent: Danilo Del
Commission of the European Communities ( Agents :                     Gaizo ) — application for the annulment of Commission
Antonino Abate, Bernhard Jansen, Bernard Langeheine,                  Decision 93/ 127/EEC of 25 February 1993 introducing
Claus Michael Happe and Meinhard Hilf) — application for              safeguard measures in respect of rice originating in the
annulment        of  Article   2   of   Commission      Decision      Netherlands Antilles ( OJ 1993 L 50 , p. 27 ) and of
91 /391 /EEC of 26 March 1991 on aid granted by the                   Commission Decision 93/21 1 /EEC of 13 April 1993
German Government to Deggendorf GmbH, a producer of                   modifying Decision 93/ 127/EEC ( OJ 1993 L 90 , p. 36 ), and
polyamide and polyester yarns located in Deggendorf                   for an order that the Commission make good the damage
( Bavaria ) ( OJ 1991 L 215 , p. 16 ), and of Article 2 of            which the applicants consider they have suffered and may
Commission Decision 92/330/EEC of 18 December 1991 on                 yet suffer as a result of the adoption of those decisions — the
aid by Germany to the Deggendorf textile works ( OJ 1992              Court of First Instance ( Fourth Chamber, extended
L 1 83 , p. 36 ) — the Court of First Instance ( Third Chamber,       composition ), composed of K. Lenaerts, President, R.
extended composition ), composed of J. Biancarelli,                   Schintgen, C. P. Briët, R. García-Valdecasas and C. W.
President, R. Schintgen, C. P. Briët, R. García-Valdecasas            Bellamy, Judges; H. Jung, Registrar, gave a judgment on
and C. W. Bellamy, Judges; H. Jung, Registrar, has given a            14 September 1995 , in which it:
judgment on 13 September 1995 , in which it:
                                                                      1 . annuls Article 1 ( 1 ) of Commission Decision
1 . dismisses the actions;                                                 93/127/EEC of 25 February 1993 introducing
                                                                          safeguard measures in respect of rice originating in the
                                                                           Netherlands Antilles ;
2 . orders the applicant to bear its own costs, as well as
     those of the defendant;
                                                                      2 . dismisses the remainder of the applications;
3.   the intervener shall bear its own costs.
                                                                      3.   orders the Commission to bear its own costs and
0 ) OJ No C 212 , 14 . 8 . 1991 and OJ No C 167, 4 . 7 . 1992 .
                                                                           one-third of the applicant's costs, the applicants to bear
                                                                           two-thirds of their own costs and the interveners to bear
                                                                           their own costs .
                                                                      (') OJ No C 171 , 22 . 6 . 1993 .
 JUDGMENT OF THE COURT OF FIRST INSTANCE
                     of 14 September 1995
in Joined Cases T-480/93 and T-483/93 : Antillean Rice
Mills and Others v. Commission of the European                        JUDGMENT OF THE COURT OF FIRST INSTANCE
                         Communities ( ] )
                                                                                           of 14 September 1995
(Association of the overseas countries and territories —
                                                                      in Case T-571 /93 : Lefebvre Frères et Soeurs v. Commission
Safeguard measure — Application for annnulment —
                          Admissibility)                                             of the European Communities ( 1 )
                          ( 95/C 286/24 )                             (Agriculture — Bananas — Action for damages — Delay in
                                                                      submitting a proposal for a regulation establishing the
                                                                      common organiziation of the market — Validity of
                  (Language of the case: Dutch)                       decisions ofthe Commission based on Article 115 of the EC
                                                                                                     Treaty)
In Joined Cases T-480/93 : Antillean Rice Mills NV,                                              ( 95/C 286/25 )
established in Bonaire, Netherlands Antilles, and Trading &
Shipping Co. Ter Beek BV, established in Amsterdam,                                    (Language of the case: French)
represented by Paul Glazener and Winfred Knibbeler, of the
Rotterdam Bar, with an address for service in Luxembourg
at the Chambers of Marc Loesch, 11 Rue Goethe; and                    In Case T-571 /93 : Lefebvre Freres et Soeurs, established at
T-483/93 : European Rice Brokers AW, established in                   Douai ( France ), GIE Fructifruit, established at Barentin
 Oranjestad, Aruba, Alesie Curaçao NV, established in                 ( France ), Association des Mûrisseurs Indépendants,
Willemstad, Curaçao , Netherlands Antilles, and Guyana                established at Dieppe ( France ), and Star Fruits Cie,
 Investments AW, established in Oranjestad, Aruba,                    established in Brussels, represented by Jean-Philippe Kunlin
 represented by Johan Pel, of the Amsterdam Bar, with an              and Jean-Paul Montenot, of the Paris Bar, with an address
 address for service in Luxembourg at the Chambers of Luc             for service in Luxembourg at the Chambers of Arendt &
 Frieden, 62 Avenue Guillaume, against Commission of the              Medernach , 8-10 Rue Mathias Hardt, v. Commission of the
 European Communities (Agents: Etienne Lasnet, Thomas                 European Communities ( agents : Gerard Rozet and Marc de
 van Rijn and Marc van der Woude ), supported by Council              Pauw ), supported by the French Republic ( agents: Catherine
 of the European Union (Agent: Guus Houttuin ), French                 de Salins and Nicolas Eybalin ) — application for damages
 Republic (Agents: Edwige Belliard, Catherine de Salins and            pursuant to Article 178 and the second paragraph
 ---pagebreak--- 28 . 10. 95           I EN I               Official Journal of the European Communities                                No C 286/ 11
of Article 2 1 5 of the EC Treaty — the Court of First Instance       3 . orders the Commission to pay its own costs.
( Second Chamber ), composed of B. Vesterdorf, President,
and D. P. M. Barrington and A. Saggio, Judges; J. Palacio
Gonzalez, Registrar, has given a judgment on 14 September             (>) OJ No C 43 , 12 . 2 . 1994 .
1995 , in which it:
1 . dismisses the application;
2 . orders the applicants to pay the costs;
                                                                       JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                          of 15 September 1995
3 . orders the French Republic, intervener, to bear its own
      costs .                                                         in Joined Cases T-458/93 and T-523/93 Empresa Nacional
                                                                      de Urânio SA ( ENU ) v. Commission of the European
                                                                                               Communities ( 1 )
(') OJ No C 27, 28 . 1 . 1994 .                                       (EAEC — Actions for annulment ofmeasures — Supply —
                                                                      Right of option and exclusive right of the Euratom Supply
                                                                      Agency to conclude contracts for the supply of ores, source
                                                                      materials and special fissile materials — Balancing ofsupply
                                                                      and demand -— Infringement of the rules of the Treaty —
                                                                      Communitypreference — None — Commission instruction
                                                                      to the Supply Agency — Principles of good faith and
                                                                           legitimate expectations — Non-contractual liability)
 JUDGMENT OF THE COURT OF FIRST INSTANCE                                                         ( 95/C 286/27 )
                       of 14 September 1995
in Case T-171/94 : Descom Scales Manufacturing Co Ltd v.                            (Language of the case: Portuguese)
              Council of the European Union ( ] )
                                                                      In Joined Cases T-458/93 and T-523/93 Empresa Nacional
                           ( 95/C 286/26 )                            de Urânio SA ( ENU ), established at Urgeiriça, Nelas
                                                                      ( Portugal ), represented by João Luis dos Reis Mota de
                                                                      Campos, of the Lisbon Bar, with an address for service in
                 (Language of the case: French)                       Luxembourg at the Office of Joaquim Calvo Basáran, 34
                                                                      Boulevard Ernest Feltgen v. Commission of the European
                                                                      Communities, ( Agents : Antonio Caeiro and Jürgen
In Case T-171 /94 : Descom Scales Manufacturing Co. Ltd, a            Grunwald ) — application for annulment of the
company with its registered office at Seoul, represented by           Commission's decision of 19 July 1993 , on a procedure for
Pierre Didier, of the Brussels Bar, with an address for service       the application of the second paragraph of Article 53 of the
in Luxembourg at the Chambers of Laurent Mosar, 8 Rue                 EAEC Treaty, rejecting requests which the applicant had
Notre-Dame , against the Council of the European Union                submitted to the Commission in a letter of 21 December
(Agents: Bjarne Hoff-Nielsen, Jorge Monteiro and Philip               1990 in order to resolve the problem of the disposal of its
Bentley ), supported by the Commission of the European                uranium production, and for a declaration that the
Communities ( Agent: Marc L. F. De Pauw ) — application               European Atomic Energy Community is liable for the
for the annulment, in relation to the applicant, of Council           damage which the applicant is alleged to have incurred as a
Regulation (EEC ) No 2887/93 of 20 October 1993                       result of an alleged breach of the rules of the Treaty — the
imposing a definitive anti-dumping duty on imports of                 Court of First Instance ( Second Chamber, extended
certain electronic weighing scales originating in Singapore           composition ) composed of D. P. M. Barringtom, A. Saggio,
and the Republic of Korea ( OJ 1993 L 263 , p. 1 ), the Court         H. Kirschner and A. Kalogeropoulos, Judges; H. Jung,
of First Instance ( Fourth Chamber, extended composition ),           Registrar, has given a judgment on 15 September 1995 , in
composed of K. Lenaerts, President of the Chamber, R.                 which it :
Schintgen, R. García-Valdecasas, C. W. Bellamy and P.
Lindh, Judges; B. Pastor, Administrator, for the Registrar,
 has given a judgment on 14 September 1995 , in which                  1 . dismisses the applications;
 it :
                                                                       2 . orders the applicant to pay the costs.
 1 . dismisses the action;
                                                                       (') OJ No C 316 , 3 . 12 . 1992 and OJ No C 306 , 12 . 11 . 1995 .
 2 . orders the applicant to pay its own costs and the
      Council's costs, including those relating to the
      application for interim measures;