CELEX: C1997/199/70
Language: en
Date: 1997-06-28 00:00:00
Title: Action brought on 9 April 1997 by C. A. S. Succhi di Frutta S.p.a. against Commission of the European Communities (Case T-106/97)

28 . 6 . 97            EN                   Official Journal of the European Communities                                 No C 199/25
with an address for service in Luxembourg at the Fidu­                 Action brought on 9 April 1997 by C. A. S. Succhi di
ciaire Myson, Sari, 30 Rue de Cessange, against European               Frutta S.p.a. against Commission of the European
Parliament (Agents : Manfred Peter and Norbert Lorenz )                                            Communities
— application for annulment of decisions of the European                                        ( Case T-106/97)
Parliament characterizing as irregular the absences of the
applicant from work from March to October 1995 — the                                              ( 97/C 199/70 )
Court of First Instance (Third Chamber), composed of B.
Vesterdorf, President, C. P. Briët and A. Potocki, Judges;                               (Language of the case: Italian)
H. Jung, Registrar, made an order on 26 March 1997, the
operative part of which is as follows:                                 An action against the Commission of the European
                                                                       Communities was brought before the Court of First
I. The application is dismissed as inadmissible.                       Instance of the European Communities on 9 April 1997
                                                                       by C. A. S. Succhi di Frutta S.p.a ., represented by Alberto
                                                                       Miele, of the Padua Bar, Antonio Tizzano and Gian
2 . The parties are to bear their own costs.                           Michele Roberti, of the Naples Bar, and Carlo Scarpa, of
                                                                       the Venice Bar, with an address for service in Brussels at
                                                                       Mr Tizzano's Chambers, 36 Place du Grand Sablon.
(') OJ No C 269 , 14 . 9 . 1996 .
                                                                       The applicant claims that the Court should:
                                                                       — annul the Commission decision of 22 July 1996 (No
                                                                            C(96 ) 1916 ) concerning the supply of fruit juices and
                                                                           jams for the peoples of Armenia and Azerbaijan,
     ORDER OF THE COURT OF FIRST INSTANCE
                        ( Second Chamber)                              — order the Commission to pay the costs of the
                           of 2 May 1997                                   proceedings .
in Case T-136/96: Automobiles Peugeot SA v. Commission                 Pleas in law and main arguments adduced in support:
              of the European Communities (*)
(Competition — Action for annulment — Objection of                     The applicant is the same as that which, in Case T-191/
                           inadmissibility)                            96 ( ] ), contests the ex post facto amendment of one of the
                            ( 97/C 199/69
                                                                       essential points in the notice of tender relating to the
                                                                       supply of fruit juices and jams for the peoples of Armenia
                                                                       and Azerbaijan. It points out in this regard that, while the
               (Language of the case: French)                          amendment contested in Case T-191 /96 consisted in the
                                                                       possibility of withdrawing from intervention stocks fresh
                                                                       products other than those specified in the notice of tender,
In Case T-136/96 : Automobiles Peugeot SA, having its                  in particular peaches, that challenged in the present action
registered office in Paris, represented by Xavier de Roux,             is an amendment, adopted by way of the contested
of the Paris Bar, with an address for service in                       decision, which extends this possibility of substitution to
Luxembourg at the Chambers of Jacques Loesch, 8 Rue                    nectarines .
Zithe , against Commission of the European Communities
( Agents: Giuliano Marenco and Guy Charrier ) —
                                                                       The pleas in law and main arguments are the same as
application for the annulment of the Commission's                      those relied on in Case T-191 /96 .
decision of 19 July 19 96 allegedly rejecting requests by the
applicant for confidential treatment of certain information
provided to the Commission in the context of Article 11                (>) OJ No C 94, 22 . 3 . 1997, p . 15 .
of Council Regulation No 17: First Regulation
implementing Articles 85 and 86 of the Treaty ( OJ,
English Special Edition, 1959-62 ( I ), p. 87) — the Court
of First Instance ( Second Chamber), composed of C. W.
Bellamy, President, A. Kalogeropoulos and P. Lindh,
Judges; H. Jung, Registrar, made an order on 2 May 1997,               Action brought on 11 April 1997 by Molkerei
the operative part of which is as follows:                             Großbraunshain GmbH and Bene Nahrungsmittel GmbH
                                                                          against the Commission of the European Communities
1 . The application is dismissed as inadmissible.                                               ( Case T-109/97)
                                                                                                  ( 97/C 199/71 )
2 . The applicants shall bear their own costs.
                                                                                        (Language of the case: German)
(') OJ No C 318 , 26 . 10 . 1996 .
                                                                       An action against the Commission of the European
                                                                       Communities was brought before the Court of First
                                                                       Instance of the European Communities on 11 April 1997