CELEX: C1998/026/12
Language: en
Date: 1998-01-24 00:00:00
Title: ORDER OF THE COURT OF FIRST INSTANCE (First Chamber, Extended Composition) of 24 November 1997 in Case T-266/94 (92): Foreningen af Jernskibs- og Maskinbyggerier i Danmark, Skibsværftsforeningen and others v. Commission of the European Communities (State aids - Shipbuilding - Taxation of costs)

C 26/6               EN                  Official Journal of the European Communities                                   24.1.98
    additional levy referred to in Article 5c of Regulation         AssimileÂes de Wallonie ASBL (FeÂd. Horeca-Wallonie),
    (EEC) No 804/68, in so far as those Regulations did             established in Namur (Belgium), represented by Gilles
    not make provision for the allocation of a reference            BouneÂou, of the Luxembourg Bar, and by Jean Materne
    quantity to holdings subject to an undertaking given            and Alain Bernard, of the LieÁge Bar, with an address for
    under Council Regulation (EEC) No 1078/77 of                    service in Luxembourg at the chambers of Gilles BouneÂou,
    17 May 1977 introducing a system of premiums for                15 Avenue du Bois, against Commission of the European
    the non-marketing of milk and milk products and for             Communities (Agent: GeÂrard Rozet) Ð application,
    the conversion of dairy herds, where the producers              primarily, for the annulment of the Commission decision,
    had not delivered milk during the reference year                addressed to the Kingdom of Belgium by letter SG(96) D/
    adopted by the Member State concerned, and, second,             8253 of 24 September 1996, not to raise any objection to
    as a result of application of the same Regulation               the implementation by the Wallonia region of a draft
    (EEC) No 857/84, as amended by Council Regulation               decree on social tourism Ð the Court of First Instance
    (EEC) No 764/89 of 20 March 1989, in so far as the              (Second Chamber, Extended Composition), composed of:
    second indent of Article 3a(1) excluded the allocation          A. Kalogeropoulos, President, C. P. BrieÈt, C. W. Bellamy,
    of a special reference quantity to the transferees              A. Potocki and J. Pirrung, Judges; H. Jung, Registrar,
    of a premium granted under Regulation (EEC)                     made an order on 20 November 1997 in which it:
    No 1078/77;
                                                                    1. dismisses the application as inadmissible;
2. declares that the period for which the applicants must
    be compensated for the damage suffered as a result of
    the application of Regulation (EEC) No 857/84 is, in            2. orders the applicant to pay the costs.
    Case T-195/94, the period from 12 January 1989 to
    28 July 1993 and, in Case T-202/94, the period from
                                                                    (1) OJ C 166, 31.5.1997.
    3 September 1987 to 31 January 1993;
3. orders the parties to forward to the Court, within 12
    months from this judgment, details of the amounts to
    be paid, as agreed by the parties;
                                                                         ORDER OF THE COURT OF FIRST INSTANCE
4. orders the parties, if no agreement is reached, to                          (First Chamber, Extended Composition)
    submit to the Court their views as to the amounts
                                                                                        of 24 November 1997
    which should be awarded;
                                                                    in Case T-266/94 (92): Foreningen af Jernskibs- og
                                                                    Maskinbyggerier i Danmark, Skibsvñrftsforeningen and
5. reserves the costs.                                                 others v. Commission of the European Communities (1)
                                                                          (State aids Ð Shipbuilding Ð Taxation of costs)
(1) OJ C 188, 9.7.1994 and OJ C 218, 6.8.1994.
                                                                                             (98/C 26/12)
                                                                                    (Language of the case: English)
                                                                    In Case T-266/94 (92): Foreningen of Jernskibs- og
     ORDER OF THE COURT OF FIRST INSTANCE
                                                                    Maskinbyggerier i Danmark, Skibsvñrftsforeningen, with
                    of 20 November 1997                             its registered office in Copenhagen, Assens Skibsvñrft A/S,
                                                                    established in Assens (Denmark), Burmeister & Wain
in Case T-85/97: Interprovinciale des FeÂdeÂrations                 Skibsvñrft A/S, established in Copenhagen, Danyard A/S,
d'Hoteliers, Restaurateurs, Cafetiers et Entreprises                established in Frederikshavn (Denmark), Fredericia
AssimileÂes de Wallonie ASBL (FeÂd. Horeca-Wallonie) v.             Skibsvñrft A/S, established in Fredericia (Denmark),
       Commission of the European Communities (1)                   Odense Staalskibsvñrft A/S, established in Odense
(Procedure Ð Time limits Ð Method of calculation Ð                  (Denmark), Svendborg Vñrft A/S, established in
                        Inadmissibility)                            Svendborg         (Denmark),       érskov       Christensens
                                                                    Staalskibsvñrft A/S, established in Frederikshavn, and
                         (98/C 26/11)                               Aarhus Flydedok A/S, established in rhus (Denmark),
                                                                    represented by Jan-Erik Svensson, advokat of the
                                                                    Copenhagen Bar, with an address for service in
               (Language of the case: French)                       Luxembourg at the chambers of Philippe Dupont, 8Ð10
                                                                    Rue Mathias Hardt, supported by the Kingdom of
                                                                    Denmark (Agent: Peter Biering) against the Commission of
In Case T-85/97: Interprovinciale des             FeÂdeÂrations     the European Communities (Agents: Anders Christian
d'Hoteliers, Restaurateurs, Cafetiers et           Entreprises      Jessen and Ben Smulders), supported by the Federal
 ---pagebreak--- 24.1.98               EN                Official Journal of the European Communities                                    C 26/7
Republic of Germany (Agents: Ernst Röder, Bernd Kloke              2. The applicant is ordered to pay all the costs of the
and, at the hearing, Michael Schütte) and by MTW                       application for interim relief.
Schiffswerft GmbH, (formerly Meerestechnik Werft), with
its registered office at Wismar (Germany), represented by
Hans-Jürgen Rabe and Georg M. Berrisch, Rechtsanwälte,             3. Each party is to bear its own costs in respect of the
Hamburg, with an address for service in Luxembourg at                  application for a declaration of failure to act.
the chambers of FrancËois Turk, 13B Avenue Guillaume Ð
application for taxation of the costs to be paid by the
                                                                   (1) OJ C 131, 26.4.1997.
applicants to the intervener, MTW Schiffswerft GmbH,
following the judgment of the Court of First Instance of
22 October 1996 in Case T-266/94 Skibsvñrftsforeningen
a.O. v. Commission [1996] ECR II-1399 Ð the Court of
First Instance (First Chamber, Extended Composition),
composed of A. Saggio, President, B. Vesterdorf, C. W.
Bellamy, R. M. Moura Ramos and J. Pirrung, Judges; H.
Jung, Registrar, made an order on 24 November 1997, the            Action brought on 10 November 1997 by Peter Cain
operative part of which is as follows:                                against the Commission of the European Communities
                                                                                         (Case T-289/97)
The total amount of costs to be paid by the applicants to                                   (98/C 26/14)
the intervener MTW Schiffswerft GmbH is fixed at
DM 125 000.
                                                                                  (Language of the case: French)
( ) OJ C 254, 10.9.1994.
 1
                                                                   An action against the Commission of the European
                                                                   Communities was brought before the Court of First
                                                                   Instance of the European Communities on 10 November
                                                                   1997 by Peter Cain, residing at Trier (Federal Republic of
                                                                   Germany), represented by Jean-NoeÈl Louis, Thierry
                                                                   Demaseure, Ariane Tornel and FrancËoise Parmentier, of
     ORDER OF THE COURT OF FIRST INSTANCE
                                                                   the Brussels Bar, with an address for service in
                    of 26 November 1997                            Luxembourg at the offices of Fiduciaire Myson SaÁrl, 30
                                                                   Rue de Cessange.
in Case T-39/97: T. Port GmbH & Co v. Commission of
                the European Communities (1)
(Agriculture Ð Common organization of the markets Ð                The applicant claims that the Court should:
Bananas Ð Request for the issue of additional import
licences Ð Action for declaration of failure to act Ð
      Procedure by default Ð No need to adjudicate)                Ð annul the decision of 12 March 1997 appointing the
                                                                       applicant, with effect from 1 February 1997, to grade
                         (98/C 26/13)
                                                                       LA 7, step 3 within the translators' career bracket,
               (Language of the case: German)
                                                                   Ð order the defendant to pay the costs.
In Case T-39/97: T. Port GmbH & Co, established in
Hamburg (Germany), represented by Gert Meier,                      Pleas in law and main arguments adduced in support:
Rechtsanwalt, Cologne, with an address for service in
Luxembourg at the Chambers of Marc Baden, 24 Rue
Marie-Adelaïde, against Commission of the European                 By decision of 26 February 1996, which took effect
Communities (Agents: Dierk Booû, Klaus-Dieter                      retroactively on 1 January 1996, the applicant was
Borchardt and Hubert van Vliet) Ð application for a                appointed a probationer official in grade LA 7, step 1 and
declaration pursuant to Article 175 of the Treaty that the         assigned to the Translation Service, Directorate G Ð
Commission has failed to take a position on the                    Eurostat, information and innovation, credit and
applicant's request of 16 December 1996 for the issue of           investments, Publications Office and ECSC, English
additional import licences as a transitional measure under         Language Unit, in Luxembourg. He was established in his
the common organization of the markets in the banana               post by decision of 28 October 1996, which took effect on
sector Ð the Court of First Instance (Fourth Chamber),             1 November 1996.
composed of P. Lindh, President, and K. Lenaerts and J. D.
Cooke, Judges; H. Jung, Registrar, has made an order the
operative part of which is as follows:                             The act complained of is the decision of 12 March 1997
                                                                   annulling and replacing that of 26 February 1996, by
                                                                   which the appointing authority appointed the applicant a
1. There is no need to adjudicate.                                 probationer official in grade LA 7, step 3.