CELEX: C1995/208/65
Language: en
Date: 1995-08-12 00:00:00
Title: Action brought on 10 May 1995 by N. Corman SA against the Commission of the European Communities (Case T-117/95)

12 . 8 . 95            EN                   Official Journal of the European Communities                                No C 208/31
Action brought on 10 May 1995 by N. Corman SA against                  standardized butter cannot continue without Community
       the Commission of the European Communities                      aid, since its production cost is too high to enable it to find
                         ( Case T-l 17/95 )                            any outlets.
                           ( 95 /C 208/65                              The applicant considers that the defendant institution has
                                                                       breached the principles of legal certainty and the protection
               (Language of the case: French)                          of legitimate expectations, in that it has prevented it, with
                                                                       immediate effect and without any transitional measures,
                                                                       from being able to continue to enjoy the benefit of the
An action against the Commission of the European                       Community rules .
Communities was brought before the Court of First
Instance of the European Communities on 10 May 1995 by                 It also maintains that the contested Regulation contravenes
N. Corman SA, established at Goe-Limbourg ( Belgium ),                 the principle of non-discrimination, in that it does not
represented by Lucette Defalque, of the Brussels Bar, with             impose the same restrictive conditions on the granting of aid
an address for service in Luxembourg at the offices of                 for butter for the homeless, which is eligible for Community
Fiduciaire Myson Sari , 1 Rue Glesener .                               aid regardless of the raw materials used . The applicant
                                                                       contends that that difference in treatment between butter
                                                                       for the homeless and butter for use in pastry products and
The applicant claims that the Court should :                           ice-creams, which did not previously exist, is not objectively
                                                                       justified .
— annul Article 1 (4 ) of Regulation ( EC ) No 455/95 ,
                                                                       Lastly, the applicant asserts that the contested rules
                                                                       disregard both the general Community interest and the
— order the defendant to pay the costs .
                                                                       principle of proportionality, inasmuch as the new restriction
                                                                       on eligibility for Community aid does not accord with the
Pleas in law and main arguments adduced in support:                    objective pursued by those rules .
The applicant, a public limited liability company
incorporated under Belgian law and the only manufacturer
in the Union engaged mainly and semi-exclusively in the
production of anhydrous milk fat and 'technical butter',               Action brought on 11 May 1995 by Miguel Anacoreta
contests Article 1 ( 4 ) of Commission Regulation No 455/95            Correia against the Commission of the European
amending Regulations ( EEC ) No 1547/87 and ( EEC ) No                                           Communities
1589/87 as regards the buying-in of butter by the
                                                                                              ( Case T-118/95 )
intervention agencies and Regulations ( EEC ) No 2191 /81
and ( EEC ) No 570/88 as regards the grant of aid for the                                       ( 95/C 208/66 )
purchase and sale of butter at a reduced price to certain
categories of consumers and industries . The objectives of                             (Language of the case: French)
those rules include, in particular, the sale of butter at
reduced prices and the granting of aid for cream, butter and           An action against the Commission of the European
concentrated butter for use in the manufacture of pastry               Communities was brought before the Court of First
products, ice-cream and other food products .                          Instance of the European Communities on 11 May 1995 by
                                                                       Miguel Anacoreta Correia , resident in Brussels, represented
The conditions for obtaining aid laid down by the new rules            by Georges Vandersanden, of the Brussels Bar, with an
are radically different from the old rules, since, instead of          address for service in Luxembourg at the office of Fiduciaire
having to be classed simply as 'inspection-marked butter',             Myson Sari , 1 Rue Glesener .
the butter now has to be 'produced directly and exclusively
from pasteurized cream ' and must satisfy, 'in the                     The applicant claims that the Court should :
manufacturing Member State, the conditions laid down in
Article 6 ( 2 ) of Regulation ( EEC ) No 454/95 and the                — annul the decision of 24 June 1994 rejecting the
requirements of the national quality class listed in Annex II               applicant's candidature for the post ( COM/OOl /94 ) of
to Regulation ( EC ) No 454/95 and the packaging of which is                Deputy Director-General in the Directorate-General for
marked accordingly'.                                                        External Political Relations and annul the appointment
                                                                            to that post of the candidate selected ,
The applicant states that it has discovered a process for
manufacturing butter with a fat content of 82 % , making it            — order the Commission to pay the costs .
possible to obtain a butter which is standardized and stable
and much sought after by customers of the manufacturers of             Pleas in law and main arguments adduced in support:
pastry products; it points out that those standardized
products cannot under any circumstances be manufactured                The applicant states that he was a candidate for the post of
solely from fresh cream. The applicant also states that                Deputy Director-General in the Directorate-General for
the commercial and technical realization of the discovery              External Political Relations ( DG l.A ), which was published
has required considerable investment in research                       on 6 January 1994 ( COM/OOl /94 ). On 24 June 1994 he was
and development, such that the manufacture of such                     told that his candidature for the post in question had not