CELEX: C2000/192/29
Language: en
Date: 2000-07-08 00:00:00
Title: Order of the President of the Court of First Instance of 6 April 2000 in Case T-44/98 R II Emesa Sugar (Free Zone) NV v Commission of the European Communities (Association regime for overseas countries and territories — Decisions 91/482/EEC and 97/803/EC — Regulation (EC) No 2553/97 — Proceedings for interim measures)

C 192/16               EN                      Official Journal of the European Communities                                           8.7.2000
                                                         COURT OF FIRST INSTANCE
     JUDGMENT OF THE COURT OF FIRST INSTANCE                              Nederlanden, with an address for service in Luxembourg at the
                                                                          Chambers of Aloyse May, 398 Route d’Esch, supported
                         of 16 May 2000                                   by Government of Aruba, represented by P.V.F. Bos and
                                                                          M.M. Slotboom, of the Rotterdam Bar, with an address for
in Case T-121/99: Sean Irving v Commission of the                         service in Luxembourg at the chambers of Loesch and Wolter,
                   European Communities (1)                               11 Rue Goethe, against Council of the European Union (Agents
                                                                          J. Huber and G. Houttuin), supported by Commission of the
                                                                          European Communities, (Agent T. van Rijn), Kingdom of Spain
(Officials — Disciplinary measures — Removal from post                    (Agent M. López-Monis Gallego) and French Republic (Agent:
     — Time-limits for proceedings — Rights of the defence)               C. Chavance) — application for partial suspension of the
                                                                          operation of Council Decision 97/803/EC of 24 November
                         (2000/C 192/27)                                  1997 amending at mid-term Decision 91/482/EEC on the
                                                                          association of the overseas countries and territories with the
                                                                          European Economic Community (OJ 1997 L 329 p. 50) —
                   (Language of the case: English)                        the President of the Court of First Instance of the European
                                                                          Communities has made an order on 6 April 2000, the
In Case T-121/99: Sean Irving, a former official of the                   operative part of which is as follows:
Commission, represented by N. Butler, Barrister, and J.
McGuill, Solicitor, with an address for service in Luxembourg             1. It is unnecessary to give a decision on the application for interim
at the Chambers of S. Le Goueff, 9 Avenue Guillaume v                         measures.
Commission of the European Communities (Agent: J. Currall)
— application for annulment of the decisions of the Com-                  2. Costs are reserved.
mission of 16 July 1998 removing the applicant from his post
and of 26 February 1999 rejecting the complaint lodged by
the applicant against the first decision — the Court (Third
Chamber), composed of: K. Lenaerts, President, J. Azizi and
M. Jaeger, Judges; B. Pastor, Principal Administrator, for the
Registrar, has given a judgment on 16 May 2000, in which it:
1. Dismisses the application;                                             ORDER OF THE PRESIDENT OF THE COURT OF FIRST
                                                                                                      INSTANCE
2. Orders the parties to bear their own costs.
                                                                                                   of 6 April 2000
( 1) OJ C 226 of 7.8.1999.
                                                                          in Case T-44/98 R II Emesa Sugar (Free Zone) NV v
                                                                                  Commission of the European Communities
                                                                          (Association regime for overseas countries and territories —
                                                                          Decisions 91/482/EEC and 97/803/EC — Regulation (EC)
                                                                                No 2553/97 — Proceedings for interim measures)
ORDER OF THE PRESIDENT OF THE COURT OF FIRST
                           INSTANCE
                                                                                                   (2000/C 192/29)
                         of 6 April 2000
                                                                                             (Language of the case: Dutch)
in Case T-43/98 R II Emesa Sugar (Free Zone) NV v
                Council of the European Union                             In Case T-44/98 R II, Emesa Sugar (Free Zone) NV, established
                                                                          at Oranjestad (Aruba), represented by G. van der Wal, Advo-
(Association regime for overseas countries and territories —              cate with a right of audience before the Hoge Raad der
Decisions 91/482/EEC and 97/803/EC — Proceedings for                      Nederlanden, with an address for service in Luxembourg at the
      interim measures — Unnecessary to give a decision)                  Chambers of Aloyse May, 398 Route d’Esch, supported
                                                                          by Government of Aruba, represented by P.V.F. Bos and
                         (2000/C 192/28)                                  M.M. Slotboom, of the Rotterdam Bar, with an address for
                                                                          service in Luxembourg at the chambers of Loesch and
                                                                          Wolter, 11 Rue Goethe, against Commission of the European
                    (Language of the case: Dutch)                         Communities, (Agent T. van Rijn), supported by Council of
                                                                          the European Union (Agents J. Huber and G. Houttuin),
In Case T-43/98 R II, Emesa Sugar (Free Zone) NV, established             Kingdom of Spain (Agent M. López-Monis Gallego) and French
at Oranjestad (Aruba), represented by G. van der Wal, Advo-               Republic (Agent: C. Chavance) — application, first, for suspen-
cate with a right of audience before the Hoge Raad der                    sion of the operation of the Commission Decision of
 ---pagebreak--- 8.7.2000               EN                     Official Journal of the European Communities                                      C 192/17
23 December 1997 (VI/51329) rejecting an application from                Socredo to comply with Community law and to apply Council
the applicant for the issue of import licences for sugar products        Decisions 86/283/EEC of 30 June 1986 and 91/482/EEC of
until the Court of First Instance has given judgment on the              25 July 1991 on the association of the overseas countries and
substance, and, second, for interim measures prohibiting the             territories with the European Economic Community (OJ 1986
Commission from applying, for the same period, the pro-                  L 175, p. 1, and OJ 1991 L 263, p. 1, respectively) — the Court
visions of Commission Regulation (EC) No 2553/97 of                      of First Instance (First Chamber), composed of: B. Vesterdorf,
17 December 1997 on rules for issuing import licences for                President, and M. Vilaras and N. Forwood, Judges; H. Jung,
certain products covered by CN codes 1701, 1702, 1703 and                Registrar, made an order on 10 April 2000, the operative part
1704 and qualifying as ACP/OCT originating products (OJ                  of which is as follows:
1997 L 349, p. 26) and /or of Article 108b of Council Decision
91/482/EEC of 25 July 1991 on the association of the                     1. The action is dismissed as manifestly inadmissible;
overseas countries and territories with the European Economic
Community (OJ 1991 L 263 p. 1), as amended, in so far as
those provisions have the effect of limiting imports into the            2. The applicant is to bear his own costs and to pay the costs
Community of sugar originating in the overseas territories and               incurred by the European Investment Bank and the Commission.
countries — the President of the Court of First Instance of the
European Communities has made an order on 6 April 2000,
the operative part of which is as follows:                               (1) OJ C 79 of 18.3.2000.
1. The application for the present proceedings for interim measures
    to be stayed until final judgment is delivered in the main
    proceedings (Case T-44/98) is rejected;
2. The security provided in accordance with the operative part of the
    orders of 30 April and 29 September 1999, in Case T-44/98
    R II Emesa Sugar v Commission, is released for the benefit of the
    Community;
                                                                         ORDER OF THE PRESIDENT OF THE COURT OF FIRST
3. Costs are reserved.                                                                              INSTANCE
                                                                                                  of 7 April 2000
                                                                         in Case T-11/00 R: Michel Hautem v European Investment
                                                                                                       Bank
      ORDER OF THE COURT OF FIRST INSTANCE                               (Proceedings for interim relief — Enforcement of a judgment
                                                                         — Jurisdiction of the judge hearing the application for
                        of 10 April 2000                                      interim measures — Interpretation of the judgment)
in Case T-361/99: Karl L. Meyer v Commission of the                                              (2000/C 192/31)
European Communities and European Investment Bank (1)
                   (Manifest inadmissibility)                                               (Language of the case: French)
                         (2000/C 192/30)                                 In Case T-11/00 R: Michel Hautem, member of the staff of
                                                                         the European Investment Bank, represented by M. Karp and
                                                                         J. Choucroun, of the Luxembourg Bar, with an address for
                   (Language of the case: French)                        service in Luxembourg at their Chambers, 84 Grand-Rue,
                                                                         v European Investment Bank (Agents: J.-P. Minnaert and
                                                                         G. Vandersanden) — application for interim measures — the
In Case T-361/99: Karl L. Meyer, residing at Uturoa (island of           President of the Court of First Instance made an order on
Raiatea, French Polynesia), represented by J.-D. des Arcis, of           7 April 2000, the operative part of which is as follows:
the Papeete Bar, with an address for service in Luxembourg at
the office of H. Pakowski, Ambassador of the Federal Republic
of Germany, 20-22 Avenue Emile Reuter, v Commission                      1. The application for interim measures is dismissed.
of the European Communities (Agents: B. Martenczuk and
X. Lewis) and European Investment Bank (Agent: L. LaMarca)               2. The costs are reserved.
— application for compensation for the damage allegedly
suffered by the applicant as a result of the failure on the part
of the Commission and the European Investment Bank to
require the local authorities in French Polynesia and Banque