CELEX: C1998/026/13
Language: en
Date: 1998-01-24 00:00:00
Title: ORDER OF THE COURT OF FIRST INSTANCE of 26 November 1997 in Case T-39/97: T. Port GmbH & Co v. Commission of the European Communities (Agriculture - Common organization of the markets - Bananas - Request for the issue of additional import licences - Action for declaration of failure to act - Procedure by default - No need to adjudicate)

24.1.98               EN                Official Journal of the European Communities                                    C 26/7
Republic of Germany (Agents: Ernst Röder, Bernd Kloke              2. The applicant is ordered to pay all the costs of the
and, at the hearing, Michael Schütte) and by MTW                       application for interim relief.
Schiffswerft GmbH, (formerly Meerestechnik Werft), with
its registered office at Wismar (Germany), represented by
Hans-Jürgen Rabe and Georg M. Berrisch, Rechtsanwälte,             3. Each party is to bear its own costs in respect of the
Hamburg, with an address for service in Luxembourg at                  application for a declaration of failure to act.
the chambers of FrancËois Turk, 13B Avenue Guillaume Ð
application for taxation of the costs to be paid by the
                                                                   (1) OJ C 131, 26.4.1997.
applicants to the intervener, MTW Schiffswerft GmbH,
following the judgment of the Court of First Instance of
22 October 1996 in Case T-266/94 Skibsvñrftsforeningen
a.O. v. Commission [1996] ECR II-1399 Ð the Court of
First Instance (First Chamber, Extended Composition),
composed of A. Saggio, President, B. Vesterdorf, C. W.
Bellamy, R. M. Moura Ramos and J. Pirrung, Judges; H.
Jung, Registrar, made an order on 24 November 1997, the            Action brought on 10 November 1997 by Peter Cain
operative part of which is as follows:                                against the Commission of the European Communities
                                                                                         (Case T-289/97)
The total amount of costs to be paid by the applicants to                                   (98/C 26/14)
the intervener MTW Schiffswerft GmbH is fixed at
DM 125 000.
                                                                                  (Language of the case: French)
( ) OJ C 254, 10.9.1994.
 1
                                                                   An action against the Commission of the European
                                                                   Communities was brought before the Court of First
                                                                   Instance of the European Communities on 10 November
                                                                   1997 by Peter Cain, residing at Trier (Federal Republic of
                                                                   Germany), represented by Jean-NoeÈl Louis, Thierry
                                                                   Demaseure, Ariane Tornel and FrancËoise Parmentier, of
     ORDER OF THE COURT OF FIRST INSTANCE
                                                                   the Brussels Bar, with an address for service in
                    of 26 November 1997                            Luxembourg at the offices of Fiduciaire Myson SaÁrl, 30
                                                                   Rue de Cessange.
in Case T-39/97: T. Port GmbH & Co v. Commission of
                the European Communities (1)
(Agriculture Ð Common organization of the markets Ð                The applicant claims that the Court should:
Bananas Ð Request for the issue of additional import
licences Ð Action for declaration of failure to act Ð
      Procedure by default Ð No need to adjudicate)                Ð annul the decision of 12 March 1997 appointing the
                                                                       applicant, with effect from 1 February 1997, to grade
                         (98/C 26/13)
                                                                       LA 7, step 3 within the translators' career bracket,
               (Language of the case: German)
                                                                   Ð order the defendant to pay the costs.
In Case T-39/97: T. Port GmbH & Co, established in
Hamburg (Germany), represented by Gert Meier,                      Pleas in law and main arguments adduced in support:
Rechtsanwalt, Cologne, with an address for service in
Luxembourg at the Chambers of Marc Baden, 24 Rue
Marie-Adelaïde, against Commission of the European                 By decision of 26 February 1996, which took effect
Communities (Agents: Dierk Booû, Klaus-Dieter                      retroactively on 1 January 1996, the applicant was
Borchardt and Hubert van Vliet) Ð application for a                appointed a probationer official in grade LA 7, step 1 and
declaration pursuant to Article 175 of the Treaty that the         assigned to the Translation Service, Directorate G Ð
Commission has failed to take a position on the                    Eurostat, information and innovation, credit and
applicant's request of 16 December 1996 for the issue of           investments, Publications Office and ECSC, English
additional import licences as a transitional measure under         Language Unit, in Luxembourg. He was established in his
the common organization of the markets in the banana               post by decision of 28 October 1996, which took effect on
sector Ð the Court of First Instance (Fourth Chamber),             1 November 1996.
composed of P. Lindh, President, and K. Lenaerts and J. D.
Cooke, Judges; H. Jung, Registrar, has made an order the
operative part of which is as follows:                             The act complained of is the decision of 12 March 1997
                                                                   annulling and replacing that of 26 February 1996, by
                                                                   which the appointing authority appointed the applicant a
1. There is no need to adjudicate.                                 probationer official in grade LA 7, step 3.