CELEX: C1997/370/17
Language: en
Date: 1997-12-06 00:00:00
Title: ORDER OF THE PRESIDENT OF THE COURT OF FIRST INSTANCE of 1 October 1997 in Case T-230/97 R: Comafrica SpA and Dole Fresh Fruit Europe Ltd & Co. v. Commission of the European Communities (Common organization of the markets - Bananas - Reduction coefficient - Suspension of operation - Interim measures - Admissibility of an application for interim measures - Serious and irreparable harm)

6 . 12 . 97             EN                   Official Journal of the European Communities                                    C 370/7
                 ORDER OF THE PRESIDENT                                                 ORDER OF THE PRESIDENT
            OF THE COURT OF FIRST INSTANCE                                          OF THE COURT OF FIRST INSTANCE
                         of 2 October 1997                                                     of 1 October 1997
                                                                        in Case T-230/97 R: Comafrica SpA and Dole Fresh Fruit
in Case T-2 13/97 R: Committee of the Cotton and Allied
                                                                        Europe Ltd & Co. v. Commission of the European
Textile Industries of the European Union ( Eurocoton ) and                                          Communities
            Others v. Council of the European Union
                                                                        (Common organization of the markets — Bananas —
(Application for interim measures — Anti-dumping —                      Reduction coefficient — Suspension of operation —
Non-adoption of definitive measures — Suspension of                     Interim measures — Admissibility of an application for
                  operation — Interim measures)                               interim measures — Serious and irreparable harm)
                            ( 97/C 370/ 16 )                                                       ( 97/C 370/ 17 )
                                                                                         (Language of the case: English)
                  (Language of the case: English)
                                                                        In Case T-230/97 R: Comafrica SpA, established in Genoa
                                                                        ( Italy ), Dole Fresh Fruit Europe Ltd & Co., established in
                                                                        Hamburg ( Germany ), represented by Bernard O'Connor,
In Case T-2 13/97 R : Committee of the Cotton and Allied                Solicitor, and Bonifacio Garcia Porras, of the Salamanca
Textile Industries of the European Union ( Eurocoton ), an              Bar, with an address for service in Luxembourg at the
association based in Brussels, Ettlin Gesellschaft fur                  Chambers of Arsène Kronshagen, 22 Avenue Marie
Spinnerei und Weberei AG, established at Ettlingen                      Adélaïde v. Commission of the European Communities
( Germany ), Textil Hof Weberei GmbH & Co . KG,                         ( Agents: Xavier Lewis and James Macdonald Flett),
established at Hof ( Germany ), H. Hecking Söhne GmbH                   supported by French Republic ( Agent: Marc Perrin de
& Co., established at Stadtlohn ( Germany ), Spinnweberei               Brichambaut ) — application under Articles 185 and 186
Uhingen GmbH, established at Uhingen ( Germany ), FA                    of the EC Treaty for ( i ) an order suspending the operation
Kümpers GmbH & Co ., established at Rheine ( Germany ),                 of Commission Regulation ( EC ) No 1155/97 of 25 June
Tenthorey SA, established at Éloyes ( France ), HPG-GAT                  1997 fixing the reduction coefficients for the
Tissages,        established       at    Cornimont       ( France ),    determination of the quantity of bananas to be allocated
Etablissements des Fils de Victor Perrin SARL, established              to each operator in categories A and B from the tariff
at Thiéfosse ( France ), Filatures & Tissages de Saulxures              quota for 1997 ( OJ L 168 , 26 . 6 . 1997, p. 67) in so far as
sur-Moselotte, established at Saulxures-sur-Moselotte                   that regulation affects the applicants, or, alternatively,
 (France ), Tissage Mouline Thillot, established at Le Thillot          suspending its operation erga omnes and ( ii ) an order
 ( France ), Tessival SpA, established at Azzano S. Paolo               requiring the setting of a specific reduction coefficient for
 (Italy), Filature Niggeler & Küpfer SpA, established at                the applicants, such that they are issued with the correct
Capriolo ( Italy ), Standardtela SpA, established at Milan               number of import licences for bananas in the remaining
 ( Italy ), represented by Clive Stanbrook QC, and Alan                  months of 1997, in accordance with their rights under
Dashwood, Barrister of the Inner Temple, with an address                 Community law, and ( iii ) any additional orders which the
 for service in Luxembourg at the Chambers of Arsène                     Court considers necessary for the purposes of granting
Kronshagen, 12 Boulevard de la Foire, v. Council of the                  interim relief to the applicants — the President of the
European Union ( Agents : Marta Arpio Santacruz, Antonio                 Court of First Instance made an order on 1 October 1997,
Tanca , Hans-Jürgen Rabe and Georg M. Berrisch ) —                       the operative part of which is as follows:
 application for interim measures in connection with the
 Council's decision to reject the proposal submitted to it by
the Commission [ COM ( 97 ) 160 final , of 21 April 1997]                1 . grants the French Republic leave to intervene in
 for the adoption of a regulation imposing a definitive anti­                 support of the form of order sought by the
 dumping duty on imports of unbleached ( grey) cotton                         Commission;
 fabrics originating in the People 's Republic of China,
 Egypt, India, Indonesia, Pakistan and Turkey — the
 President of the Court of First Instance made an order on               2 . grants the applicants ' request for confidential
                                                                              treatment of certain information submitted to the
 2 October 1997, the operative part of which is as follows:                   Court;
                                                                         3 . orders non-confidential copies of the file documents to
  1 . dismisses the application for interim measures;                         be sent to the French Government;
                                                                         4 . dismisses the application for interim measures -,
 2.    reserves the costs .
                                                                         5.   reserves the costs .