CELEX: C1998/113/41
Language: en
Date: 1998-04-11 00:00:00
Title: ORDER OF THE COURT OF FIRST INSTANCE of 18 February 1998 in Case T-189/97: Comité d'entreprise de la Société française de production and Others v. Commission of the European Communities (State aid - Decision declaring aid incompatible with the common market - Action for annulment - Trade unions and works councils - Inadmissibility)

C 113/16              EN                Official Journal of the European Communities                                   11.4.98
     ORDER OF THE COURT OF FIRST INSTANCE                          Republic Ð the Court of First Instance (Second Chamber),
                     of 13 February 1998                           composed of: A. Kalogeropoulos, President; C. W. Bellamy
                                                                   and J. Pirrung, Judges; H. Jung, Registrar, made an order
      in Case T-276/97: GueÂrin Automobiles EURL v.                on 16 February 1998, the operative part of which is as
       Commission of the European Communities (1)                  follows:
(Competition Ð Action for annulment Ð Time limit for
bringing proceedings Ð Manifest inadmissibility of the
                         application)                              1. the action is dismissed as inadmissible,
                        (98/C 113/39)
                                                                   2. the applicants are ordered to pay the costs.
                (Language of the case: French)
                                                                   (1) OJ C 271, 6.9.1997.
In Case T-276/97: GueÂrin Automobiles EURL, a company
in judicial liquidation, established at AlencËon (France),
acting in the person of Xavier LemeÂe, liquidator,
represented by Jean-Claude Fourgoux, of the Paris and
Brussels Bar, with an address for service in Luxembourg at
the Chambers of Pierrot Schiltz, 4 rue BeÂatrix de Bourbon,
v. Commission of the European Communities Ð                              ORDER OF THE COURT OF FIRST INSTANCE
application for annulment of Decision SG(97) D/823182                                   of 18 February 1998
of the Commission of 25 April 1997 rejecting the
applicant's complaint No IV/F-2/34.423 Ð the Court of              in Case T-189/97: ComiteÂ d'entreprise de la SocieÂteÂ
First Instance (Third Chamber), composed of V. Tiili,              francËaise de production and Others v. Commission of the
President, and C. P. BrieÈt and A. Potocki, Judges; H. Jung,                         European Communities (1)
Registrar, made an order on 13 February 1998, the
operative part of which is as follows:
                                                                   (State aid Ð Decision declaring aid incompatible with the
                                                                   common market Ð Action for annulment Ð Trade unions
                                                                               and works councils Ð Inadmissibility)
1. the application is dismissed as manifestly inadmissible,                                (98/C 113/41)
2. the applicant is ordered to bear its own costs.
                                                                                  (Language of the case: French)
(1) OJ C 7, 10.1.1998.
                                                                   In Case T-189/97: ComiteÂ d'entreprise de la SocieÂteÂ
                                                                   francËaise de production, established at Bry-sur-Marne
                                                                   (France), Syndicat national de radiodiffusion et de
                                                                   teÂleÂvision CGT (SNRT-CGT), established in Paris,
                                                                   Syndicat unifieÂ de radio et de teÂleÂvision CFDT
                                                                   (SURT-CFDT), established in Paris, Syndicat national
     ORDER OF THE COURT OF FIRST INSTANCE
                                                                   force ouvrieÁre de radiodiffusion et de teÂleÂvision,
                     of 16 February 1998                           established in Paris, and Syndicat national de
                                                                   l'encadrement audiovisuel CFE-CGC (SNEA-CFE-CGC),
in Case T-182/97: Smanor SA and Others v. Commission
                                                                   established in Paris, represented by HeÂleÁne Masse-Dessen,
              of the European Communities (1)
                                                                   avocat at the Conseil d'EÂtat and at the Cour de Cassation,
(Refusal to bring Treaty infringement proceedings Ð                with an address for service in Luxembourg at the
          Action for annulment Ð Inadmissibility)                  Chambers of Guy Thomas, 77 boulevard de la Grande-
                                                                   Duchesse Charlotte, v. Commission of the European
                        (98/C 113/40)                              Communities (Agents: GeÂrard Rozet and Dimitris
                                                                   Triantafyllou) Ð application for annulment of
                (Language of the case: French)                     Commission Decision 97/238/EC of 2 October 1996
                                                                   concerning aid granted by the French State to the
                                                                   audiovisual production company SocieÂteÂ francËaise de
In Case T-182/97: Smanor SA, established at Saint-Martin-          production (2) Ð the Court of First Instance (Second
d'Ecublei (France), Hubert SeÂgaud and Monique SeÂgaud,            Chamber, Extended Composition), composed of A.
residing at Saint-Martin-d'Ecublei, represented by                 Kalogeropoulos, President, and C. P. BrieÈt, C. W. Bellamy,
Laurence Roques, of the Val de Marne Bar, 7Ð9 rue du               A. Potocki and J. Pirrung, Judges; H. Jung, Registrar,
GeÂneÂral de Larminat, CreÂteil (France), v. Commission of         made an order on 16 February 1998, the operative part of
the European Communities (Agents: Richard Wainwright               which is as follows:
and Olivier Couvert-Castera) Ð application for annulment
of the Commission's decision of 21 May 1997 not to
bring Treaty infringement proceedings against the French           1. the application is dismissed as inadmissible,
 ---pagebreak--- 11.4.98               EN                Official Journal of the European Communities                                C 113/17
2. the applicants are ordered to pay the costs.                    requested the Commission to reimburse the fines paid by
                                                                   them. By letter of 4 October 1995, the Commission
(1) OJ C 271, 6.9.1997.                                            refused on the ground that the decision imposing the fines
(2) OJ L 95, 10.4.1997, p. 19.                                     was still standing with regard to the applicants. The
                                                                   applicants applied to the Court of First Instance for the
                                                                   annulment of the Commission's decision of refusal (1). By
                                                                   judgment of 10 July 1997 the Court of First Instance
                                                                   annulled that decision.
Action brought on 14 November 1997 by AssiDöman
                                                                   The applicants state that the Court of First Instance held
Kraft Products AB and six other Swedish wood pulp
                                                                   that, pursuant to Article 176 of the Treaty, the
companies against the Commission of the European
                                                                   Commission should have reviewed, in the light of the
                          Communities
                                                                   wood pulp judgment, the lawfulness of the wood pulp
                       (Case T-292/97)                             Decision in so far as it applies to the Swedish addressees
                         (98/C 113/42)                             and, if it concluded that there was no lawful basis for the
                                                                   fines imposed on them, it would be required, by virtue of
                                                                   the rule of law and pursuant to the principle of proper
               (Language of the case: English)
                                                                   administration, to repay the fines.
An action against the Commission of the European
Communities was brought before the Court of First                  By letter of 12 August 1997, the applicants called on the
Instance of the European Communities on 14 November                Commission to take a position on the obligations arising
1997 by AssiDöman Kraft Products AB and six other                  out of the judgment of 10 July 1997 within two months of
Swedish wood pulp companies, represented by John                   receipt of that letter. No response of any kind was
Pheasant, Solicitor of the Supreme Court of England and            received from the Commission.
Wales, of Lovell White Durrant, with an address for
service in Luxembourg at the offices of Loesch & Wolter,
11 rue Goethe, Luxembourg.                                         The applicants maintain that the Commission, though
                                                                   called on to act, has failed to comply with the obligations
                                                                   arising out of the judgment of 10 July 1997, contrary to
The applicants claim that the Court should:
                                                                   Article 176 of the Treaty and in defiance of the principle
                                                                   of proper administration and of the rule of law.
Ð declare, pursuant to Article 175 of the EC Treaty, that,
    in breach of Article 176 of that Treaty, the
    Commission has failed to take the necessary measures           (1) Case T-227/95 (OJ C 64, 2.3.1996, p. 16).
    to comply with the Court's judgment of 10 July 1997,
Ð order, pursuant to Article 176 of the Treaty and
    without prejudice to the rights of the applicants under
    the second paragraph of Article 215 thereof, the
    Commission to take the necessary measures to comply            Action brought on 26 January 1998 by Amedeo Musso
    with the judgment of 10 July 1997,                                against the Commission of the European Communities
                                                                                          (Case T-23/98)
Ð order the Commission to pay the costs.
                                                                                           (98/C 113/43)
Pleas in law and main arguments adduced in support:
                                                                                   (Language of the case: Italian)
The applicants, or their predecessors in title, were among
the addressees of Commission Decision 85/202/EEC of
19 December 1984 relating to a proceeding pursuant to              An action against the Commission of the European
Article 85 of the EC Treaty (IV/29.725 Ð Wood pulp) by             Communities was brought before the Court of First
which the Commission imposed fines on 43 of the                    Instance of the European Communities on 26 January
addressees of the Decision. The applicants, who had never          1998 by Amedeo Musso, represented by Vincenzo Cinque
accepted the allegations of infringement, did not bring an         and Luciana Candriella, of the Udine Bar, 34 via
action for annulment of the Decision and paid the fines to         Morpurgo, Udine.
the Commission. On application by other addressees of
the Decision, the Court of Justice, by judgment of
31 March 1993 in Joined Cases C-89/85, C-104/85,                   The applicant claims that the Court should:
C-114/85, C-116/85, C-117/85 and C-125/85 to C-129/
85, A. Ahlström Oy v. Commission, annulled, inter alia,            Ð annul Commission Decision C(97) 2735 final of
two of the key findings of infringement with the result                 30 July 1997,
that the Commission was required to repay to the
producers who had been parties to those proceedings the
fines imposed on the basis of those findings of                    Ð in the alternative, annul Article 5 of that Decision
infringement. Pursuant to that judgment, the applicants                 inasmuch as it requires the Member State to recover