CELEX: C1999/366/60
Language: en
Date: 1999-12-18 00:00:00
Title: Order of the President of the Court of First Instance of 16 July 1999 in Case T-143/99 R: Hortiplant SAT v Commission of the European Communities (Procedure for interim relief - Urgency)

C 366/28               EN                       Official Journal of the European Communities                                    18.12.1999
ORDER OF THE PRESIDENT OF THE COURT OF FIRST                               office is in Piraeus, Greece, represented by Nikolaos Skandamis,
                           INSTANCE                                        of the Athens Bar, and Andreas Potamianos of the Piraeus Bar,
                                                                           with an address for service in Luxembourg at the Chambers of
                         of 16 July 1999                                   Stéphan Le Goueff, 9 Avenue Guillaume, L-1651 Luxembourg.
in Case T-143/99 R: Hortiplant SAT v Commission of the                     The applicants claim that the Court should:
                    European Communities
                                                                           — grant their application in its entirety;
           (Procedure for interim relief — Urgency)
                                                                           — declare that, by collaborating in acts of the European
                                                                               Union which are unlawful under international law, the
                        (1999/C 366/60)
                                                                               Council of the European Union and the Commission of
                                                                               the European Communities have offended against the
                                                                               fundamental Community law principle of the protection
                  (Language of the case: Spanish)
                                                                               of legitimate expectations in the field of the freedom
                                                                               to provide maritime transport services and maritime
In Case T-143/99 R: Hortiplant SAT, whose registered office is                 recreational services;
at Amposta, (Spain), represented by Concepción Fernández
Vicien, of the Barcelona Bar, and Eva Contreras Ynzenga, of the            — award the applicants USD 73 963 000 in damages under
Madrid Bar, Cuatrecasas Chambers, 78 Avenue d’Auderghem,                       Article 235 EC and the second paragraph of Article 288
1040 Brussels, against Commission of the European Com-                         EC.
munities (Agent: Juan Guerra Fernández) — application for
suspension of operation of Commission Decision C (1999)
537 of 4 March 1999 withdrawing Community aid granted
— the President of the Second Chamber of the Court of First                Pleas in law and main arguments
Instance made an order on 16 July 1999, the operative part of
which reads as follows:                                                    Admissibility of the action
1. The application for interim relief is dismissed.                        A. Legal interest in bringing proceedings
2. Costs are reserved.
                                                                           B. Exhaustion of domestic remedies
                                                                           Merits of the action
                                                                           A. Unlawful measures and conduct
                                                                           1. Unlawful conduct of the Member States of the European
Action brought on 9 September 1999 by Royal Olympic
                                                                               Union which are also members of NATO
Cruises Ltd, Valentine Oceanic Trading Inc., Caroline
Shipping Inc., Simpson Navigation Ltd, Solar Navigation
Corporation, Ocean Quest Sea Carriers Ltd, Athena 2004                     2. Unlawful conduct of the European Union
SA, Elliniki Etairia Diipirotikon Grammon AE and Free-
wind Shipping Company against the Council of the                               a) Collaboration of the European Union in the armed
European Union and the Commission of the European                                   intervention against the Federal Republic of Yugoslavia
                          Communities                                               as autonomous conduct which is unlawful under
                                                                                    international and European Union law
                        (Case T-201/99)
                                                                               b) Legal liability of the European Union resulting from
                                                                                    the unlawful obligations assumed by its members by
                        (1999/C 366/61)                                             virtue of decisions of the North Atlantic Council
                                                                           3. Unlawful conduct of the European Community
                   (Language of the case: Greek)
                                                                               a) Conduct for which the European Community is vicari-
An action against the Council of the European Union and the                         ously liable
Commission of the European Communities was brought
before the Court of First Instance of the European Communities                 b) Autonomous unlawful conduct of the European Com-
on 9 September 1999 by Royal Olympic Cruises Ltd, Valentine                         munity
Oceanic Trading Inc., Caroline Shipping Inc., Simpson Navi-
gation Ltd, Solar Navigation Corporation, Ocean Quest Sea                           (i) Infringement of a superior rule of law for the
Carriers Ltd, Athena 2004 SA and Freewind Shipping Com-                                  protection of individuals
pany whose registered offices are in Monrovia, Liberia, and
Elliniki Etairia Diipirotikon Grammon AE, whose registered                          (ii) Sufficiently serious breach