CELEX: C1999/299/34
Language: en
Date: 1999-10-16 00:00:00
Title: Order of the President of the Court of First Instance of 30 June 1999 in Case T-13/99 R: Pfizer Animal Health v Council of the European Union (Proceedings for interim relief - Suspension of operation of Regulation (EC) No 2821/98 - Withdrawal of virginiamycin from the list of authorised additives - Directive 70/524/EEC - Urgency - Balancing of interests)

C 299/24               EN                     Official Journal of the European Communities                                     16.10.1999
ORDER OF THE PRESIDENT OF THE COURT OF FIRST                             (Germany), HFB Holding für Fernwärmetechnik Beteiligungs-
                           INSTANCE                                      gesellschaft mbH, Verwaltungsgesellschaft, established at
                                                                         Rosenheim, Isoplus Fernwärmetechnik Vertriebsgesellschaft
                         of 21 July 1999                                 mbH, established at Rosenheim, Isoplus Fernwärmetechnik
                                                                         Gesellschaft mbH, established at Hohenberg (Austria), and
                                                                         Isoplus Fernwärmetechnik GmbH, established at Sondershau-
in Case T-191/98 R: DSR-Senator Lines GmbH v Com-                        sen (Germany), represented by Peter Krömer and Friedrich
           mission of the European Communities                           Nusterer, Rechtsanwälte, St Pölten, with an address for service
                                                                         in Luxembourg at the Chambers of Aloyse May, 31 Grand-Rue,
(Competition — Payment of a fine — Bank guarantee —                      v Commission of the European Communities (Agents: Eric
Proceedings for interim relief — Suspension of operation of              Gippini Fournier and Walter Mölls) — application for suspen-
               a measure — Urgency — None)                               sion of operation or a stay of enforcement of Articles 3(d) and
                                                                         4 of Commission Decision 1999/60/EC of 21 October 1998
                        (1999/C 299/32)                                  relating to a proceeding under Article 85 of the EC Treaty
                                                                         (Case No IV/35.691/E-4 — Pre-Insulated Pipe Cartel) (OJ 1999
                                                                         L 24, p. 1), as rectified by a decision of 6 November 1998,
                  (Language of the case: English)                        inasmuch as those measures impose on the applicants a fine
                                                                         payable within three months of notification of that decision
                                                                         — the President of the Court of First Instance made an order
In Case T-191/98 R: DSR-Senator Lines GmbH, established in
                                                                         on 9 July 1999, the operative part of which is as follows:
Bremen (Germany), represented by Denis Waelbroeck, of the
Brussels Bar, Ute Zinsmeister, Rechtsanwältin, Düsseldorf,
and John Pheasant, Nicholas Bromfield and Matthew Levitt,                1. The application for interim measures is dismissed.
Solicitors, with an address for service in Luxembourg at the
Chambers of Loesch & Wolter, 11 Rue Goethe, supported by                 2. The costs are reserved.
Federal Republic of Germany (Agents: Wolf-Dieter Plessing
and Claus-Dieter Quassowski), v Commission of the European
Communities (Agent: Richard Lyal) — application for suspen-
sion of the operation of Commission Decision 1999/243/EC
of 16 September 1998 relating to a proceeding pursuant to
Articles 85 and 86 of the EC Treaty (Case No IV/35.134
— Trans-Atlantic Conference Agreement) (OJ 1999 L 95,
p. 1), in so far as, in Articles 8 and 10, it imposes a fine of
EUR 13 750 000 on the applicant — the President of the                   ORDER OF THE PRESIDENT OF THE COURT OF FIRST
Court of First Instance made an order on 21 July 1999, the                                          INSTANCE
operative part of which is as follows:
                                                                                                 of 30 June 1999
1. The application for interim measures is dismissed.
2. The costs are reserved.                                               in Case T-13/99 R: Pfizer Animal Health v Council of the
                                                                                                 European Union
                                                                         (Proceedings for interim relief — Suspension of operation of
                                                                         Regulation (EC) No 2821/98 — Withdrawal of virginiamy-
                                                                         cin from the list of authorised additives — Directive
                                                                               70/524/EEC — Urgency — Balancing of interests)
ORDER OF THE PRESIDENT OF THE COURT OF FIRST
                           INSTANCE
                                                                                                 (1999/C 299/34)
                          of 9 July 1999
                                                                                           (Language of the case: English)
in Case T-9/99 R: HFB Holding für Fernwärmetechnik
Beteiligungsgesellschaft mbH & Co KG and Others v
        Commission of the European Communities                           In Case T-13/99 R: Pfizer Animal Health SA/NV, established in
                                                                         Louvain-la-Neuve (Belgium), represented by Ian S. Forrester
(Competition — Payment of fine — Proceedings for interim                 QC, Elisabethann Wright, Barrister, and Mark Powell, Solicitor,
measures — Suspension of operation of a measure — Stay                   with an address for service in Luxembourg at the Chambers of
                         of enforcement)                                 Aloyse May, 31 Grand-Rue, supported by Asociación Nacional
                                                                         de Productores de Ganado Porcino and Asociación Española
                                                                         de Criadores de Vacuno de Carne, established in Madrid and
                        (1999/C 299/33)                                  Barcelona (Spain), represented by Jaime Folguera Crespo and
                                                                         Alfonso Gutiérrez Hernández, of the Madrid Bar, and by
                                                                         José Massaguer Fuentes and Edurne Navarro Varona, of the
                  (Language of the case: German)                         Barcelona Bar, with an address for service in Luxembourg at
                                                                         the Chambers of Messrs Bonn & Schmitt, 7 Val Sainte-Croix,
In Case T-9/99 R: HFB Holding für Fernwärmetechnik Beteili-              Fédération Européenne de la Santé Animale (Fedesa) and
gungsgesellschaft mbH & Co. KG, established at Rosenheim                 Fédération Européenne des Fabricants d’Adjuvants pour la
 ---pagebreak--- 16.10.1999             EN                     Official Journal of the European Communities                                      C 299/25
Nutrition Animale (Fefana), established in Brussels, represented         Article 185 of the EC Treaty (now Article 242 EC) of enforce-
by Denis Waelbroeck and Dirk Brinckman, of the Brussels Bar,             ment of Article 2(a) of Commission Decision 98/653/EC of
with an address for service in Luxembourg at the Chambers of             18 November 1998 concerning emergency measures made
Ernest Arendt, 8-10 Rue Mathias Hardt, and Hedwig Kerckhove              necessary by the occurrence of bovine spongiform encepha-
and Paul Lambert, residing in Wingene (Belgium), represented             lopathy (BSE) in Portugal (OJ 1998 L 311, p. 23) inasmuch as
by Jacques Bourgeois, of the Brussels Bar, and Nina Köhncke,             it prohibits the despatch from Portugal to Spain and France of
Rechtsanwältin, Düsseldorf, with an address for service in               fighting bulls intended for cultural and sporting events held in
Luxembourg at the Chambers of Aloyse May, 31 Grand-Rue,                  those Member States, and, second, for the grant of authoris-
v Council of the European Union (Agents: John Carbery and                ation pursuant to Article 186 of the EC Treaty (now
Moyra Sims), supported by Commission of the European                     Article 243 EC), subject to certain conditions, for the despatch
Communities (Agents: Peter Oliver, Theofanis Christoforou                of those animals from Portugal to Spain and France — the
and Francesco Ruggeri Laderchi), Kingdom of Denmark (Agent:              President of the Court of First Instance made an order on
Jørgen Molde), Kingdom of Sweden (Agent: Anders Kruse) and               9 August 1999, the operative part of which is as follows:
Republic of Finland (Agents: Holger Rotkirch and Tuula Pynnä)
— application for suspension of the operation of Council                 1. The application for interim measures is dismissed.
Regulation (EC) No 2821/98 of 17 December 1998 amending,
as regards withdrawal of the authorisation of certain anti-              2. The costs are reserved.
biotics, Directive 70/524/EEC concerning additives in feeding-
stuffs (OJ 1998 L 351, p. 4) or for other interim measures —
the President of the Court of First Instance made an order on
30 June 1999, the operative part of which is as follows:
1. The application for interim measures is dismissed.                    Action brought on 18 June 1999 by Daewoo Electronics
                                                                         Manufacturing España S.A (DEMESA) against the Com-
2. The costs are reserved.                                                           mission of the European Communities
                                                                                                  (Case T-148/99)
                                                                                                 (1999/C 299/36)
                                                                                           (Language of the case: Spanish)
ORDER OF THE PRESIDENT OF THE COURT OF FIRST                             An action against the Commission of the European Communi-
                           INSTANCE                                      ties was brought before the Court of First Instance of the
                                                                         European Communities on 18 June 1999 by Daewoo Elec-
                        of 9 August 1999                                 tronics Manufacturing España S.A. (DEMESA), established in
                                                                         Alava (Spain), represented by Antonio Creus Carreras and
                                                                         Begoña Uriarte Valiente, lawyers, with an address for service
in Joined Cases T-38/99 R, T-39/99 R, T-40/99 R, T-41/99 R,              c/o Cuatrecasas Abogados, 78 Avenue d’Auderghem, Brussels.
T-42/99 R, T-45/99 R and T-49/99 R: Sociedade Agrı́cola
dos Arinhos Lda and Others v Commission of the                           The applicant claims that the Court should:
                    European Communities
                                                                         — annul the Commission’s decision of 24 February 1999
    (Procedure for interim measures — Urgency — None)                         concerning State aid granted by Spain to Daewoo Elec-
                                                                              tronics Manufacturing España S.A. (DEMESA);
                         (1999/C 299/35)                                 — order the Commission to pay the costs.
                                                                         Pleas in law and main arguments
                 (Language of the case: Portuguese)
                                                                         The pleas in law and main arguments are similar to those
In Joined Cases T-38/99 R, T-39/99 R, T-40/99 R, T-41/99 R,              advanced in Case T-127/99 Territorio Histórico de Alava,
T-42/99 R, T-45/99 R and T-49/99 R: Sociedade Agrı́cola dos              Arabako Foru Aldundia - Diputación Foral de Alava v Com-
Arinhos Lda, established in Lisbon, Sociedade Agrı́cola do               mission of the European Communities and in Case T-129/99
Monte da Aldeia Lda, established in Lisbon, António José da             Comunidad Autónoma del Paı́s Vasco and Gasteizco Industria
Veiga Teixeira, residing at Coruche (Portugal), Sociedade                Lurra v Commission.
Agrı́cola Monte da Senhora do Carmo SA established at
Almeirim (Portugal), Sociedade Agrı́cola de Perescuma SA,                The applicant pleads, in particular:
established al Almeirim, José de Barahona Núncio, residing at
Evora (Portugal), and Francisco Luı́s Pinheiro Caldeira, residing        — infringement of the rights of defence of the applicant
at Campo Maior (Portugal), represented by Carlos Botelho                      undertaking as the recipient of the alleged State aid in
Moniz and Júlia Rôla Roque, of the Lisbon Bar, with an address               issue, on account of the defendant’s failure to notify the
for service in Luxembourg at the Chambers of Aloyse May, 31                   applicant of any of the steps taken in the administrative
Grand-Rue, v Commission of the European Communities                           procedure or to seek the applicant’s views concerning
(Agents: Ana Maria Alves Vieira, Gérard Berscheid and Vasco                   matters of great importance, whereas the contested
Airão) — application, first, for suspension pursuant to                      decision was indeed notified to it; and