CELEX: C1997/318/26
Language: en
Date: 1997-10-18 00:00:00
Title: ORDER OF THE COURT OF FIRST INSTANCE of 4 July 1997 in Case T-93/94 (92): Michael Becker v. Court of Auditors of the European Communities (Taxation of costs)

18 . 10 . 97          EN                   Official Journal of the European Communities                                   C 318/ 13
Reference for a preliminary ruling from the Landskrona                1 . Can a Directive adopted pursuant to Article 100a of
Tingsrätt by order of that court of 6 August 1997 in the                  the Treaty of Rome have direct effect ?
             case of Åklagaren v. Antoine Kortas
                        ( Case C-3 19/97 )                            2 . If so, can such a Directive have direct effect even if the
                                                                          State has made notification pursuant to Article 100a (4 )
                          ( 97/C 318/24 )                                 of the Treaty of Rome ?
Reference has been made to the Court of Justice of the                3 . If Question 2 is answered in the affirmative, how does
European Communities by an order of the Landskrona                        the notification by the Member State affect the
Tingsrätt ( District Court, Landskrona ) of 6 August 1997,                question of direct effect during the following periods:
which was received at the Court Registry on 16 September                   ( a ) between notification and reply ?
1997, for a preliminary ruling in the case of Åklagaren v.
Antoine Kortas on the following questions:                                 ( b ) from the reply ?
                                                     COURT OF FIRST INSTANCE
  JUDGMENT OF THE COURT OF FIRST INSTANCE                             4 . orders the applicant to pay the costs.
                     of 18 September 1997
                                                                      H OJ C 318 , 26 . 10. 1996 and
in Joined Cases T-121/96 and T-151/96: Mutual Aid                         OJ C 40, 8 . 2 . 1997.
Administration Services NV (MAAS ) v. Commission of the
                  European Communities (')
(Actions for the free supply of agricultural products to the
peoples of Georgia, Armenia, Azerbaijan, Kyrgyzstan and
Tajikistan — Successful tenderer's duty to pay dispatch
                               money)
                                                                           ORDER OF THE COURT OF FIRST INSTANCE
                           ( 97/C 318/25 )
                                                                                                 of 4 July 1997
                                                                      in Case T-93/94 ( 92 ): Michael Becker v. Court of
                (Language of the case: Dutch)                                     Auditors of the European Communities ( l )
                                                                                              (Taxation of costs)
In Joined Cases T-121/96 and T-151 /96 : Mutual Aid                                              ( 97/C 318/26 )
Administration Services NV ( MAAS ), established in
Antwerp ( Belgium ), represented by Jan Tritsmans and
Koenraad Maenhout, of the Antwerp Bar, with an address
                                                                                       (Language of the case: German)
for service in Luxembourg at the Chambers of Rene Faltz,
6 Rue Heinrich Heine, against Commission of the
European Communities ( Agents: Blanca Vila Costa and
Hubert van Vliet) — application for annulment of the                  In Case T-93/94 ( 92 ): Michael Becker, an official of the
Commission's decisions requiring the applicant to pay                 Court of Auditors of the European Communities, residing
dispatch money — the Court of First Instance ( Fourth                 in Luxembourg, represented by Roy Nathan, of the
Chamber), composed of: K. Lenaerts, President, R Lindh                Luxembourg Bar, with an address for service in
and J. D. Cooke, Judges; A. Mair, Administrator, for the              Luxembourg at the latter's Chambers, 18 Rue des Glacis,
Registrar, has given a judgment on 18 September 1997, in              against the Court of Auditors of the European
which it:                                                             Communities ( Agents: Jean-Marie Stenier, Jan Inghelram
                                                                      and Paolo Giusta ) — application for taxation of costs
                                                                      following the judgment of the Court of First Instance of
                                                                      6 March 1996 in Case T-93/94 ( Becker v. Court of
 1 . orders that Cases T-121 /96 and T-151 /96 he joined for          Auditors [ 1996] ECR II p. 141 ) — the Court of First
     the purposes of judgment;                                        Instance ( First Chamber ), composed of: A. Saggio,
                                                                      President, V. Tiili and R. M. Moura Ramos, Judges; H.
                                                                      Jung, Registrar, has given a judgment on 4 July 1997, in
2 . dismisses    the   application     in  Case   T-121 /96   as      which it:
     inadmissible:
                                                                      fixes the total amount of costs recoverable by the
3 . dismisses the application in Case T-151 /96;                      applicant up to the date of this order, including costs
 ---pagebreak--- C 318/ 14                 EN                  Official Journal of the European Communities                                   18 . 10 . 97
already reimbursed, at Lfrs 180 000, together with any                   of the Rotterdam Bar, with an address for service in
VAT due on that sum.                                                     Luxembourg at the Chambers of M. Loesch, 11 Rue
                                                                         Goethe, against Council of the European Union ( Agents:
(') OJ C 120, 30 . 4 . 1994 .                                            R. Torrent, J. Huber and G. Houttuin ), supported by
                                                                         Commission of the European Communities ( Agent: T. van
                                                                         Rijn ), Kingdom of Spain ( Agent: R. Silva de Lapuerta ),
                                                                         French Republic ( Agents: K. Rispal-Bellanger and, at the
                                                                         hearing of the parties, C. Chavance ) and Italian Republic
                                                                         (Agents: U. Leanza and F. Quadri ) — application for
                                                                         interim measures in the form of an order of the President
       ORDER OF THE COURT OF FIRST INSTANCE
                                                                         of the Court of First Instance enjoining the applicant and
                             of 11 July 1997                             defendant to negotiate a minimum price for imports into
in Case T-16/97: Bruno Chauvin v. Commission of the                      the Community of rice originating in the Netherlands
                       European Communities (')                          Antilles, to replace the tariff quotas introduced by Council
                                                                         Regulation ( EC ) No 1036/97 of 2 June 1997 introducing
(Officials — Judgment of the Court of First Instance —                   safeguard measures in respect of imports of rice
Application for reclassification in grade — Objection of                 originating in the overseas countries and territories ( OJ
      inadmissibility — Material new fact — Admissibility)               L 151 , 10 . 6 . 1997, p. 8 ), and to submit their conclusions
                                97/C 318/27 )                            to him within seven days — the President of the Court of
                                                                         First Instance made an order on 15 July 1997, the
                                                                         operative part of which is as follows:
                   (Language of the case: French)
In Case T-16/97: Bruno Chauvin, an official of the                       1 . The Kingdom of Spain, the French Republic, the
Commission of the European Communities, residing in                          Italian Republic and the Commission are granted leave
Brussels, represented by Nicolas Lhoëst, of the Brussels                     to intervene in support of the defendant in the
Bar, with an address for service in Luxembourg at the                        interlocutory proceedings.
office of Fiduciaire Myson sari, 30 Rue de Cessange, v.
Commission of the European Communities ( Agents :
Florence Clotuche and Christine Berardis-Kayser ) —                      2 . The application for interim measures is dismissed.
application for annulment of the Commission's decision of
18 June 1996 rejecting the applicant's request for a review
                                                                         3.   Costs are reserved.
of his classification in grade — the Court of First Instance
( First Chamber), composed of: B. Vesterdorf, President;
C. P. Briët and A. Potocki, Judges; H. Jung, Registrar,
made an order on 11 July 1997, the operative part of
which is as follows :
1 . The application is dismissed as inadmissible.                            ORDER OF THE COURT OF FIRST INSTANCE
                                                                                                 of 18 July 1997
2. The parties are ordered to bear their own costs.
                                                                         in Case T-180/95 : Nutria AE v. Commission of the
( ] ) OJ C 74, 8 . 3 . 1997.                                                                European Communities ( 1 )
                                                                         (Tendering procedure for the free supply of olive oil to the
                                                                         people of Georgia and Armenia — Damage alleged by the
                                                                         successful tenderer as a result of a delay in the collection
                                                                         of the olive oil by the carrier designated by the
                                                                         Commission       —   Action     to  establish non-contractual
                  ORDER OF THE PRESIDENT                                 liability — Contractual origin of the Commission 's
           OF THE COURT OF FIRST INSTANCE                                obligation on which the action is based — Absence of any
                             of 15 July 1997                             arbitration clause within the meaning of Article 181 of the
                                                                         EC Treaty — Clear lack of jurisdiction on the part of the
in Case T-l 79/97 R: Government of the Netherlands
                                                                                             Court of First Instance)
           Antilles v. Council of the European Union
                                                                                                  ( 97/C 318/29 )
(Association of the overseas countries and territories —
Safeguard measure — Interlocutory proceedings —
     Application for interim measures — Urgency — None)                                   (Language of the case: Greek)
                              ( 97/C 318/28 )
                                                                         In Case T-180/95 , Nutria AE, established in Athens,
                   (Language of the case: Dutch)                         represented by Konstantinos Adamantopoulos, of the
                                                                         Athens Bar, with an address for service in Luxembourg at
In Case. T-179/97 R, Government of the Netherlands                       the Chambers of Arsène Kronshagen, 12 Boulevard de la
Antilles, represented by P. V. F. Bos and M. M. Slotboom,                Foire, against Commission of the European Communities