CELEX: C2002/044/32
Language: en
Date: 2002-02-16 00:00:00
Title: Order of the President of the Court of First Instance of 18 October 2001 in Case T-196/01 R: Aristoteleio Panepistimio Thessalonikis v Commission of the European Communities (Interlocutory proceedings — EAGGF — Withdrawal of financial assistance — Urgency — None)

C 44/16                 EN                       Official Journal of the European Communities                                      16.2.2002
1.    The application for interim measures is dismissed.                    ORDER OF THE PRESIDENT OF THE COURT OF FIRST
                                                                                                         INSTANCE
2.    The costs are reserved.
                                                                                                    of 22 October 2001
                                                                            in Case T-141/01 R: Entorn, Sociedat Limitada Enginyeria
                                                                              i Serveis v Commission of the European Communities
                                                                            (Proceedings for interim relief — Fumus boni juris —
                                                                            Urgency — Withdrawal of Community financial assistance)
                                                                                                       (2002/C 44/31)
ORDER OF THE PRESIDENT OF THE COURT OF FIRST
                              INSTANCE                                                         (Language of the case: Spanish)
                      of 12 September 2001
                                                                            In Case T-141/01 R: Entorn, Sociedat Limitada Enginyeria
                                                                            i Serveis, established in Barcelona (Spain), represented by
in Case T-139/01 R Comafrica SpA and Dole Fresh Fruit                       M.C. Belard-Kopke Marques-Pinto, lawyer, with an address for
Europe Ltd. & Co. v Commission of the European                              service in Luxembourg, against Commission of the European
                            Communities                                     Communities (Agents: L. Visaggio and S. Pardo Quintillán) —
                                                                            application for suspension of the operation of Commission
                                                                            Decision C(1999) 534 of 4 March 1999 withdrawing Com-
(Interim proceedings — Common organisation of the banana                    munity financial assistance — the President of the Court of
market — Allocation of import licences — Admissibility —                    First Instance made an order on 22 October 2001, the
Conditions for the grant of interim relief — Provisional                    operative part of which is as follows:
                    nature of the relief sought)
                                                                            1.    The application for interim relief is dismissed.
                           (2002/C 44/30)                                   2.    Costs are reserved.
                    (Language of the case: English)
In Case T-139/01 R: Comafrica SpA, having its registered                    ORDER OF THE PRESIDENT OF THE COURT OF FIRST
office in Genoa (Italy) and Dole Fresh Fruit Europe Ltd. & Co,                                           INSTANCE
having its registered office in Hamburg (Germany), represented
by Mr. B. O’Connor, Solicitor, and Mr. P.B.G. Martin, Barrister,                                    of 18 October 2001
against Commission of the European Communities (Agents:
X. Lewis and C. Van der Hauwaert) — application for                         in Case T-196/01 R: Aristoteleio Panepistimio Thessaloni-
suspension of Commission Regulation (EC) No 896/2001 of                          kis v Commission of the European Communities
7 May 2001 laying down detailed rules for applying Council
Regulation (EEC) No 404/93 as regards the arrangements for
                                                                            (Interlocutory proceedings — EAGGF — Withdrawal of
importing bananas into the Community and Commission
                                                                                       financial assistance — Urgency — None)
Regulation (EC) No 1121/2001 of 7 June 2001 fixing the
adjustment coefficient to be applied to each traditional oper-
ator’s reference quantity under the tariff quotas for imports of                                       (2002/C 44/32)
bananas — the President of the Court of First Instance has
made an order on 12 September 2001, the operative part of                                        (Language of the case: Greek)
which is as follows:
                                                                            In Case T-196/01 R: Aristoteleio Panepistimio Thessalonikis,
1.    The application for interim relief is dismissed.                      represented by D. Nikopoulos, lawyer, v Commission of
                                                                            the European Communities (Agent: M. Condou-Durande) —
2.    Costs are reserved.                                                   application for suspension of operation of the Commission’s
                                                                            decision C(2001) 1284 of 8 June 2001 withdrawing Com-
                                                                            munity financial assistance — the President of the Court of
                                                                            First Instance made an order on 18 October 2001, the
                                                                            operative part of which is as follows:
 ---pagebreak--- 16.2.2002               EN                     Official Journal of the European Communities                                        C 44/17
1.    The application for interim measures is dismissed.                  The applicant argues that the remission application should be
                                                                          granted, not least because the Commission did not give a
2.    The costs are reserved.                                             decision within the nine-month time-limit prescribed by
                                                                          Article 907 of the regulation implementing the Customs Code.
                                                                          The applicant further claims that it has been the victim of
                                                                          organised crime and that the theft of the lorry occurred in
                                                                          ‘special circumstances’ within the meaning of Article 239 of
                                                                          Regulation (EEC) No 2913/92.
                                                                          (1) Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying
Action brought on 2 November 2001 by Aslantrans AG
                                                                              down provisions for the implementation of Council Regulation
  against the Commission of the European Communities                          (EEC) No 2913/92 establishing the Community Customs Code
                                                                              (OJ 1993 L 253, p. 1).
                          (Case T-282/01)                                 (2) Council Regulation (EEC) No 2913/92 of 12 October 1992
                                                                              establishing the Community Customs Code (OJ 1992 L 302, p. 1).
                           (2002/C 44/33)
                   (Language of the case: German)
An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 2 November 2001 by Aslantrans
AG, established at Rickenbach bei Wil (Switzerland), represent-           Action brought on 13 November 2001 by Organización
ed by J. Weigell, lawyer.                                                 de Productores de Túnidos Congelados against Com-
                                                                                      mission of the European Communities
The applicant claims that the Court should:
                                                                                                   (Case T-283/01)
—     annul the Commission’s decision (REM 19/00) of 18 July
      2001 finding the remission of import duty by the Federal                                      (2002/C 44/34)
      Republic of Germany to the applicant to be unjustified,
      and authorise the Federal Republic of Germany, pursuant
      to Article 908(3) of Regulation (EEC) No 2454/93 (1), to                                (Language of the case: Spanish)
      remit to the applicant, in accordance with its application
      of 28 May 1998, duty already paid in the sum of
      DEM 395 392,01;
—     order the defendant to pay the costs.                               An action against the Commission of the European Communi-
                                                                          ties was brought before the Court of First Instance of the
                                                                          European Communities on 13 November 2001 by Organiza-
                                                                          ción de Productores de Túnidos Congelados, whose registered
                                                                          office is at Bermeo (Vizcaya, Spain), represented by Ramón
Pleas in law and main arguments
                                                                          Garcia-Gallardo and Javier Guillén Carrau, lawyers.
In May 1997 the applicant despatched, at a principal customs
office in Belgium, 12 110 000 cigarettes under the external               The applicant claims that the Court should:
Community transit procedure for transportation from
Antwerp to Montenegro, the customs office of destination
                                                                          —     declare the present application admissible;
being in Austria. During a stop at a motorway rest area, the
lorry and the consignment which it was carrying were
stolen; the lorry driver reported the theft immediately at the            —     annul the act which is the subject of the present
competent police headquarters.                                                  application, by which the European Commission has
                                                                                reduced the quantities eligible for compensatory allow-
                                                                                ance in respect of OPTUC, namely, Article 2(2) of and the
The parties are in dispute concerning the question whether, on                  annex to Commission Regulation (EC) No 1670/2001 of
the facts, the defendant is obliged, pursuant to Article 239 of                 20 August 2001 providing for compensation to producer
Regulation (EEC) No 2913/92 (2), to authorise the Federal                       organisations for tuna delivered to the processing industry
Republic of Germany to remit the customs duties already paid.                   between 1 October and 31 December 2000 (1);