CELEX: C1995/208/51
Language: en
Date: 1995-08-12 00:00:00
Title: ORDER OF THE COURT OF FIRST INSTANCE of 7 June 1995 in Case T-36/92 DEP: Syndicat français de l'Express international (SFEI) and Others v. Commission of the European Communities (Taxation of recoverable costs)

12 . 8 . 95            I EN I                  Official Journal of the European Communities                               No C 208/23
established in Athens, represented by Alastair Sutton and                 K. Stefanakis and Anastassia Chatzitzani, of the Athens Bar,
Daniel Bethlehem, Barristers, of the Bar of England and                   with an address for service in Luxembourg at the Chambers
Wales , and by Aristotelis Kaplanidis, of the Thessaloniki                of Ekaterini Thill-Kamitaki , 17 Boulevard Royal v. Council
Bar, instructed by Victor Melas, of the Athens Bar, with an               of the European Union ( Agents : John Carbery and Sophia
address for service in Luxembourg at the Chambers of Marc                 Kyriakopoulou ), and Commission of the European
Loesch, 8 Rue Zithe, v. Commission of the . European                      Communities ( Agent: Xenophon A. Yataganas ), application
Communities ( agents : Xenophon A. Yataganas, Michel                      for an award of damages pursuant to Article 178 and the
Nolin, Eric White and Daniel Calleja ), supported by                      second paragraph of Article 215 of the EC Treaty, the Court
Hellenic Republic ( agents : Panagiotis Kamarineas,                       of First Instance ( First Chamber ), composed of: J. L. Cruz
Panagiotis Milonopoulos and Christina Sitara ) and                        Vilaça , President, H. Kirschner and A. Kalogeropoulos,
Heracles General Cement Company anonymos eteria ,                         Judges, Registrar : J. Palacio Gonzalez, Administrator, has
established at Likovrisi ( Greece ), represented by Kostas                given a judgment on 6 July 1995 , in which it:
Loukopoulos and Sotiris Felios, of the Athens Bar, with an
address for service in Luxembourg at the Chambers of Jos                  1 . dismisses the application ;
Stoffel, 21 Boulevard de Verdun , — application for the
annulment of the Decision of 1 August 1991 contained in                   2 . orders the applicant to pay the costs.
Commission communication 92/C 1 /03 pursuant to
Article 93(2 ) of the EEC Treaty to other Member States and
interested parties concerning aid to Heracles General                     (') OJ No C 43 , 12 . 2 . 1994 .
Cement Company in Greece, published in the Official
Journal ofthe European Communities of 4 January 1 992 ( 2 )
the Court of First Instance ( First Chamber, extended
composition ), composed of: J. L. Cruz Vilaça , President,
and B. Vesterdorf, A. Saggio, H. Kirschner and A.
Kalogeropoulos , Judges; H. Jung, Registrar, has given a
judgment on 6 July 1995 , in which it:                                         ORDER OF THE COURT OF FIRST INSTANCE
                                                                                                    of 7 June 1995
1 . annuls the Decision of 1 August 1991 contained in
       Commission communication 92/C 1 /03 pursuant to                    in Case T-36/92 DEP: Syndicat français de l'Express
       Article 93 (2) of the EEC Treaty to other Member States            international ( SFEI ) and Others v. Commission of the
       and interested parties concerning aid to Heracles                                     European Communities (')
       General Cement Company in Greece, published in the                                  (Taxation of recoverable costs)
       Official Journal of the European Communities of                                               ( 95 /C 208/51 )
       4 January 1992 ;
2 . orders the Commission to bear its own costs and pay the                                (Language of the case: French)
       costs of the applicants apart from those caused by the
       interventions ;
                                                                          In Case T-36/92 DEP: Syndicat français de l'Express
3 . orders the interveners to bear their own costs and pay                international ( SFEI ), established at Roissy-Charles de
       the costs incurred by the applicants in the context of the         Gaulle ( France ), DHL International , established at
       interventions .                                                    Roissy-Charles de Gaulle ( France ), Service Crie, established
                                                                          at Paris ( France ) and May Courier, established at Paris
 (') OJ No C 121 , 13 . 5 . 1992 .                                         ( France ), represented by Morgan de Rivery, of the Paris Bar,
 ( 2 ) OJ No C 1 , 4 . 1 . 1992 , p . 4 .                                 with an address for service in Luxembourg at the Chambers
                                                                          of Alex Schmitt, 62 Avenue Guillaume , v. Commission of
                                                                          the European Communities ( Agents : Giuliano Marenco and
                                                                          Francisco Enrique Gonzalez Diaz ) — application for
                                                                          taxation of the recoverable costs pursuant to the order of the
                                                                          Court of First Instance (Third Chamber, extended
  JUDGMENT OF THE COURT OF FIRST INSTANCE                                 composition ) of 3 October 1994 declaring that the case
                             of 6 July 1995                               should not proceed to judgment — the Court of First
in Case T-5 72/93 , Odigitria AAE v. Council of the                       Instance (Third Chamber ), composed of J. Biancarelli,
European Union and Commission of the European                              President, and C. W. Bellamy and J. Azizi, Judges; H. Jung,
                            Communities (')                                Registrar, made an order on 7 June 1995 , the operative part
                                                                           of which is as follows :
  (Non-contractual liability — Omission of the Commission
 — Causal link — Applicant's fault — Duty to provide
                                                                           The total costs payable by the Commission to the applicants
                         diplomatic protection)                           are fixed in the sum of Bfrs 1 500 000, together with any
                              ( 95 /C 208/50 )                              VAT due on that sum .
                   (Language of the case: Greek)                           (') OJ No C 160 , 26 . 6 . 1992 .
 In Case T-572/93 , Odigitria AAE having its registered office
 in Athens, represented by Epameinondas Marias, Georgios