CELEX: C1995/101/21
Language: en
Date: 1995-04-22 00:00:00
Title: ORDER OF THE COURT OF FIRST INSTANCE of 21 February 1995 in Case T-117/94: Associazione Agricoltori della Provincia di Rovigo and Others v. Commission of the European Communities (Inadmissibility)

No C 101 /8          T EN                  Official Journal of the European Communities                                      22 . 4 . 95
    ORDER OF THE COURT OF FIRST INSTANCE                              EC Treaty (IV/C/33.833 — Cartonboard ) ( ) in so far as
                      of 21 February 1995                             those articles require the applicant to pay a fine of ECU 1 6,2
                                                                      million by no later than 4 November 1994 (2 ) and, as a
in Case T- 1 1 7/94 : Associazione Agricoltori della Provincia        precautionary measure, application for suspension of the
di Rovigo and Others v. Commission of the European                    operation of Articles 3 and 4 of that Decision until such time
                        Communities i 1 )                             as a decision is reached on the present application for
                         (Inadmissibility)                            interim measures or until such date as the President of the
                            95/C 101 /21                              Court of First Instance may determine — the President of the
                                                                      Court of First Instance made an order on 17 February 1 995 ,
                (Language of the case: Italian)                       the operative part of which is as follows :
(Provisional translation; the definitive translation will be          1 . The obligation on the applicant to provide a bank
         published in the European Court Reports)                         guarantee in favour of the Commission in order to avoid
                                                                          immediate recovery of the fine imposed on the applicant
In Case T- 1 1 7/94 : Associazione Agricoltori della Provincia            by Article 3 of Commission Decision 94/601 /EC of
di Rovigo, Associazione Polesana Coltivatori Diretti di                   13 July 1 994 relating to a proceeding under Article 85 of
Rovigo, Consorzio Cooperative Pescatori del Polesine,                     the EC Treaty (IV/C/33.833 — Cartonboard) is
Cirillo Brena , Mauro Girello and Greguoldo Daniele, all                  suspended, subject to the following conditions:
represented by Ivone Cacciavillani, of the Venice Bar, with
an address for service in Luxembourg at the Chambers of                   (a ) the applicant shall provide that guarantee in the
Alain Lorang, 51 Rue Albert 1er, v. Commission of the                           amount of 30% of the fine, plus interest due in
European Communities (Agent: L. Gussetti ) — application                        accordance with the letter of notification of
for annulment of the Commission decision of 15 October
                                                                                1 August 1 994, within three weeks of notification
1993 in so far as it grants financial support to the Veneto                     of the present order;
region for implementation of action in the Po delta area and
for annulment of the contract between the Commission and
                                                                          ( b ) the applicant shall provide the balance of the
the Italian Environment Ministry which resulted therefrom                       guarantee, plus the abovementioned interest,
— the Court of First Instance ( Fourth Chamber), composed                       within six months of notification of the present
of: K. Lenaerts, President, R. Schintgen and R.                                 order.
Garci'a-Valdecasas, Judges; H. Jung, Registrar, made an
order on 21 February 1995 , the operative part of which is as
follows :                                                             1 . Until such time as the full amount of the guarantee has
                                                                          been provided, or, failing that, until expiry of the period
1 , the application is dismissed as inadmissible;                         specified in point 1 (b) of the operative part of the
                                                                          present order, the applicant shall forward to the
2 , the applicants are jointly ordererd to bear the costs.                Commission:
(!) OJ No C 146, 28 . 5 . 1994 .                                          (a ) on a monthly basis, the principal data relating to
                                                                                changes in its economic and financial situation,
                                                                                data which are to be specified by the Commission
                                                                                following notification of the present order;
               ORDER OF THE PRESIDENT
                                                                          ( b ) prior to its adoption, any decision which is likely to
         OF THE COURT OF FIRST INSTANCE
                                                                                have a substantial effect on the applicant's
                      of 17 February 1995                                       economic situation or which seeks to alter its legal
in Case T-308/94 R: Cascades SA v. Commission of the                            status .
                   European Communities
                          ( 95/C 101 /22                              3 . The suspension granted under point 1 (b) of the
                                                                          operative part of the present order shall cease to have
                (Language of the case: French)                            effect if the applicant fails to forward to the
                                                                          Commission, within three weeks of notification of the
(Provisional translation; the definitive translation will be              present order:
         published in the European Court Reports)
                                                                          ( a ) the approval, by the Board ofDirectors of Cascades
In Case T-308/94 R: Cascades SA, having its registered                          Inc., of intervention by that company for the
office in Bagnolet ( France ), represented by Jean-Louis                        purpose of making available to the applicant the
Fourgoux, Jean-Patrice de La Laurencie, of the Paris Bar,                       funds necessary for the provision of the balance of
and Jean-Yves Art, of the Brussels Bar, with an address for                     the guarantee, as referred to in point 1 (b) of the
service in Luxembourg at the Chambers of Ernest Arendt,                         operative part of the present order and within the
8—10 Rue Mathias Hardt, against the Commission of the                           period there specified;
European Communities (Agents : R. Lyal and G. de Bergues )
— application for suspension, until conclusion of the                     ( b ) the undertaking by Cascades Inc. to provide, on the
substantive proceedings in Case T-308/94, of the operation                      applicant's behalf, the balance of the guarantee as
of Articles 3 and 4 of Commission Decision 94/601 /EC of                        referred to in point 1 (b) of the operative part of the
13 July 1994 relating to a proceeding under Article 85 of the                   present order in the event that, prior to the expiry of