CELEX: C1999/265/29
Language: en
Date: 1999-09-18 00:00:00
Title: Court of First Instance of 29 April 1999 in case T-120/98: Alce Srl v Commission of the European Communities (Inadmissibility)

C 265/14                 EN                    Official Journal of the European Communities                                   18.9.1999
1. There is no need to give a decision on the application.                      ORDER OF THE COURT OF FIRST INSTANCE
2. The applicants and the Commission are to bear their own costs.                                 of 30 April 1999
3. The interveners are to bear their own costs.                           in Case T-311/97, Pescados Congelados Jogamar, SL v
                                                                                 Commission of the European Communities (1)
(1) OJ C 318 of 26.10.1996.                                                (Action for declaration of failure to act — Inadmissibility)
                                                                                                   (1999/C 265/28)
                                                                                             (Language of the case: Spanish)
                                                                          In Case T-311/97, Pescados Congeloados Jogamar, SL, estab-
       ORDER OF THE COURT OF FIRST INSTANCE                               lished in Las Palmas, Spain, represented by Manual de Cristóbal
                                                                          López, of the Madrid Bar with an address for service in
                                                                          Luxembourg at Fiduciaire Beaumanoir, 48 Rue de Bragance,
                       of 20 February 1997                                against the Commission of the European Communities (acting
                                                                          by Thomas van Rijn and Juan Guerra Fernández as Agents), an
in Case T-141/96: Bergpracht Milchwerk GmbH & Co. KG                      application for a declaration that the Commission unlawfully
and Others v Commission of the European Communi-                          failed to intervene in pursuance of its powers in regard to
                                ties (1)                                  fishing, and particularly its powers in the context of the
                                                                          cooperation agreement entered into by the European Com-
                                                                          munity and the Kingdom of Morocco in that field, when the
                    (Disclaimer of jurisdiction)
                                                                          Moroccan authorities arrested the ship Albor Uno, the Court
                                                                          (Fifth Chamber), composed of J.D. Cooke, President and
                          (1999/C 265/27)                                 R. Garcı́a-Valdecasas and P. Lindh, Judges; H. Jung, Registrar,
                                                                          made an order on 30 April 1999 the operative part of which
                                                                          states as follows:
                    (Language of the case: German)
                                                                          1. The action is dismissed as inadmissible.
In Case T-141/96: Bergpracht Milchwerk GmbH & Co. KG,                     2. The applicant is ordered to pay the costs.
established at Tettnang (Germany), Hochland Reich, Summer
& Co. KG, established at Heimenkirch (Germany) Milchwerk
Crailsheim eG, established at Crailsheim (Germany), Milchwerk             (1) OJ C 94 of 28.3.1998.
Geislingen eG, established at Geislingen/Steige (Germany),
Wendelstein Käsewerk Molkerei Ziegenhain GmbH & Co. KG,
established at Bad Aibling (Germany) and Zentral-Molkerei
Aurich GmbH, established at Aurich (Germany). represented
by Jürgen Salzwedel and Michael Loschelder, with an address
for service in Luxembourg at the Chambers of M. Loesch, 11
Rue Goethe, against Commission of the European Communi-                                   COURT OF FIRST INSTANCE
ties (Agents: J.L. Buhigues and U. Wölker) — application for
the annulment of Commission Regulation (EC) No 1107/96                                            of 29 April 1999
of 12 June 1996 on the registration of geographical indications
and designations of origin under the procedure laid down in               in case T-120/98: Alce Srl v Commission of the European
Article 17 of Council Regulation (EEC) No 2081/92 (OJ 1996                                         Communities (1)
L 148, p. 1) in so far as concerns the registration of feta as a
protected designation of origin — the Court of Firs Instance                                       (Inadmissibility)
(Fifth Chamber), composed of R. Garcia-Valdecasas, President,
J. Azizi and M Jaeger, Judges; H. Jung, Registrar, made an order                                   (1999/C 265/29)
on 20 February 1997, the operative part of which is as follows:
1. Jurisdiction is declined in Case T-141/96 Bergpracht Milchwerk                             (Language of the case: Italian)
     GmbH & Co. KG and Others v Commission of the European
     Communities in order to enable the Court of Justice to rule on       In Case T-120/98: Alce Srl, established in Novara, Italy,
     the application for annulment;                                       represented by Celestino Corica, of the Novara Bar, with an
                                                                          address for service in Luxembourg at the Chambers of Franco
2. The costs are reserved.                                                Colussi, 36 Rue de Wiltz, v Commission of the European
                                                                          Communities (Agent: Paolo Stancanelli) — application for
                                                                          annulment of Commission Regulation (EC) No 1160/98 of
(1) OJ C 336 of 9.11.1996.                                                2 June 1998 concerning the classification of certain goods
                                                                          inthe Combined Nomenclature (OJ 1998 L 160, p. 20) —
                                                                          the Court of First Instance (Third Chamber), composed of:
                                                                          M. Jagaer, President of the Chamber, K. Lenaerts and J. Azizi,
 ---pagebreak--- 18.9.1999              EN                     Official Journal of the European Communities                                      C 265/15
Judges; H. Jung, Registrar, made an order on 29 April 1999,              Action brought on 22 April 1999 by Eoghan O’Hannra-
the operative part of which is as follows:                                           chain against the European Parliament
1. The application is dismissed as inadmissible.
2. The applicant shall bear its own costs and those of the                                        (Case T-99/99)
    Commission.
(1) OJ C 327 of 24.10.1998.
                                                                                                 (1999/C 265/31)
                                                                                           (Language of the case: French)
ORDER OF THE PRESIDENT OF THE FIFTH CHAMBER                              An action against the European Parliament was brought before
           OF THE COURT OF FIRST INSTANCE                                the Court of First Instance of the European Communities
                                                                         on 22 April 1999 by Eoghan O’Hannrachain residing in
                                                                         Luxembourg, represented by Georges Vandersanden and Laure
                        of 28 April 1999                                 Levi, of the Brussels Bar, with an address for service in
                                                                         Luxembourg at the offices of Fiduciaire Myson SARL, 30 Rue
in Case T-11/99 R: NV Firma Léon Van Parys and Others                    de Cessange.
       v Commission of the European Communities
(Agriculture — Common organisation of the markets —                      The applicant claims that the Court should:
Bananas — Application for additional import licences —
   Procedure for interim relief — Manifestly inadmissible)
                                                                         — annul the decision taken by the appointing authority
                                                                             on 16 July 1998 appointing Mr L.V. to the post of
                        (1999/C 265/30)                                      Director-General of the Directorate-General for Finance
                                                                             and Financial Control, the decision of the same date
                                                                             rejecting the application for that post submitted by the
                   (Language of the case: Dutch)                             applicant and, in so far as may be necessary, the decision
                                                                             dated 21 January 1999 rejecting the applicant’s complaint;
In Case T-11/99 R: NV Firma Léon Van Parys and NV Pacific
Fruit Company, both established in Antwerp (Belgium), Pacific            — request the defendant to produce the notes sent by the
Fruchtimport GmbH, established in Hamburg (Germany), and                     Secretary-General to the Bureau on 22 December 1997
Pacific Fruit Company Italy SpA, established in Rome (Italy),                and 13 and 16 July 1998 (documents PE 265.377/BUR,
all represented by P. Vlaemminck, L. Van Den Hende and                       PE 271.309/BUR and PE 271.309/BUR/ADD), together
J. Holmens, of the Ghent Bar, with an address for service in                 with the file relating to Mr L.V.’s application for the post
Luxembourg at the Chambers of Loesch & Wolter, 11 Rue                        of Director-General of the Directorate-General for Finance
Goethe, against the Commission of the European Communities                   and Financial Control;
(Agent: Hubert van Vliet), supported by the Kingdom of Spain
(Agent: Rosario Silva de Lapuerta) and the French Republic               — order the defendant to pay damages provisionally quanti-
(Agent: Kareen Rispal-Bellanger) — application under                         fied, on an equitable basis, in the sum of 100 000 euros;
Articles 185 and 186 of the EC Treaty requesting the Court of
First Instance to allow the applicants — or order the Com-               — order the defendant to pay the costs.
mission to take the necessary measures to allow them — to
import in 1999 a quantity of bananes equal to the average of
the quantifies imported by them into the European Community
during 1994 to 1996 and cleared through customs on the
strength of an import licence either by the applicants them-
selves or by another licensee or to make any other appropriate           Pleas in law and main arguments
interim order — the President of the Fifth Chamber of the
Court of First Instance made an order on 28 April 1999, the
operative part of which is as follows:
                                                                         The pleas in law and main arguments are the same as those
                                                                         advanced in Case T 97/99 (Chamier v Parliament).
1. The application for interim measures is dismissed.
2. Costs are reserved.