CELEX: C1997/074/22
Language: en
Date: 1997-03-08 00:00:00
Title: Appeal brought on 23 December 1996 by Sveriges Betodlares Centralförening and Mr Sven Åke Henrikson against the order made on 4 October 1996 by the First Chamber of the Court of First Instance of the European Communities in Case T-197/95 between Sveriges Betodlares Centralförening and Mr Sven Åke Henrikson and the Commission of the European Communities (Case C-409/96 P)

8 . 3 . 97             EN 1                 Official Journal of the European Communities                                    No C 74/11
Is Article 5 ( a ) of Council Regulation ( EEC ) No 2137/85            Appeal brought on 23 December 1996 by Glencore Grain
of 25 July 1985 on the European Economic Interest                      Ltd, formerly Richco Commodities Ltd, against the
Grouping ( EEIG ) O to be interpreted as meaning that,                 judgment delivered on 24 September 1996 by the Court of
apart from the additions of 'European Economic Interest                First Instance of the European Communities in Case
Grouping' or 'EEIG', the name or business name of an                   T-509/93     between Richco Commodities Ltd and the
EEIG may consist of a purely descriptive designation, even                      Commission of the European Communities
where internal law in principle precludes the use of such a                                     ( Case C-404/96 P)
name for the formation of a European Economic Interest
                                                                                                      97/C 74/21 )
Grouping ?
H OJ No L 199, 31 . 7 . 1985 , p . 1 .                                 An appeal against the judgment delivered on 24 September
                                                                       1996 by the Court of First Instance of the European
                                                                       Communities       in       Case      T-509/93  between   Richco
                                                                       Commodities Ltd and the Commission of the European
                                                                       Communities was brought before the Court of Justice of
                                                                       the European Communities on 23 December 1996 by
                                                                       Glencore Grain Ltd, formerly Richco Commodities Ltd,
Appeal brought on 23 December 1996 by Glencore Grain                   represented by P. V. F. Bos, J. G. A. van Zuuren and M. M.
Ltd, formerly Richco Commodities Ltd, against the                      Slotboom, of the Rotterdam Bar, with an address for
judgment delivered on 24 September 1996 by the Court of                service in Luxembourg at the Chambers of Marc Loesch,
First Instance of the European Communities in Case                      11 rue Goethe .
T-491 /93 between Richco Commodities Ltd and the
           Commission of the European Communities                      The appellant claims that the Court should:
                       ( Case C-403/96 P)
                                                                       — partially set aside the judgment of the Court of First
                           ( 97/C 74/20 )                                   Instance in Case T-509/93 , in so far as that judgment
                                                                            declares inadmissible Glencore's application for
                                                                            annulment of the Commission Decision of 10 June
 An appeal against the judgment delivered on 24 September                   1993 addressed to the SEIB under reference SG ( 93 )
 1996 by the Court of First Instance of the European                        D/ 11703 ,
 Communities        in   Case     T-491 /93   between     Richco
 Commodities Ltd and the Commission of the European                     — declare Glencore's application, referred to in the first
 Communities was brought before the Court of Justice of                     indent above, admissible,
 the European Communities on 23 December 1996 by
 Glencore Grain Ltd, formerly Richco Commodities Ltd,                   — order the Commission to pay all the costs, including
 represented by P. V. F. Bos, J. G. A. van Zuuren and M. M.                 those incurred in the proceedings before the Court of
 Slotboom, of the Rotterdam Bar, with an address for                        First Instance .
 service in Luxembourg at the Chambers of Marc Loesch,
 11 rue Goethe .                                                        Pleas in law and main arguments adduced in support:
                                                                        The pleas in law and main arguments are the same as in
 The appellant claims that the Court should :                           Case C-386/96 P (').
 — partially set aside the judgment of the Court of First               (') OJ No C 40, 8 . 2 . 1997, p . 10 .
       Instance in Case T-491 /93 , in so far as that judgment
       declares inadmissible Glencore 's application for
       annulment of the decision or at least the act of the
       Commission of 1 April 1993 addressed to the
       Vnesheconombank under reference SG ( 93 ) D/5397,
                                                                        Appeal brought on 23 December 1996 by Sveriges
                                                                        Betodlares Centralforening and Mr Sven Ake Henrikson
 — declare Glencore's application, referred to in the first             against the order made on 4 October 1996 by the First
       indent above, admissible,                                        Chamber of the Court of First Instance of the European
                                                                        Communities in Case T-l 97/95 between Sveriges
 — order the Commission to pay all the costs.                           Betodlares Centralforening and Mr Sven Ake Henrikson
                                                                             and the Commission of the European Communities
                                                                                                  ( Case C-409/96 P)
  Pleas in law and main arguments adduced in support:
                                                                                                      ( 97/C 74/22 )
  The pleas in law and main arguments are the same as in
  Case C-386/96 P ( M.                                                   An appeal against the order made on 4 October 1996 by
                                                                         the First Chamber of the Court of First Instance of the
                                                                         European     Communities           in  Case T-l 97/95  between
  H OJ No C 40, 8 . 2 . 1997, p . 10 .                                   Sveriges Betodlares Centralforening and Mr Sven Ake
                                                                         Henrikson and the Commission of the European
                                                                         Communities, was brought before the Court of Justice of
 ---pagebreak--- No C 74/ 12            I EN                  Official Journal of the European Communities                                             8 . 3 . 97
the European Communities on 23 December 1996 by                          If the appellants' action is not considered admissible, in
Sveriges Betodlares Centralforening and Mr Sven Ake                      the particular circumstances of their case, there would be
Henrikson, represented by Otfried Lieberknecht, Rechts­                  no other feasible way for them to challenge the unlawful
anwalt, Diisseldorf, Michael Schiitte, Rechtsanwalt, Berlin,             administrative act of the Commission constituted by
and Vanessa Turner, Solicitor of the Supreme Court of                    Regulation ( EC) No 1734/95 ('). This would lead to an
England and Wales, with an address for service in                        unacceptable loophole in the system of judicial review of
Luxembourg at the Chambers of Bonn & Schmitt, 62,                        administrative acts of the Commission.
avenue Guillaume .
                                                                         (') Commission Regulation ( EC ) No 1734/95 of 14 July 1995
The appellant claims that the Court should:                                   fixing, for the 1994/95 marketing year, the specific agricultural
                                                                              conversion rate applicable to the minimum sugarbeet prices
— set aside the Order of the Court of First Instance of                       and the production levy and additional levy in the sugar sector
       4 October 1996,                                                        ( OJ No L 165 , 15 . 7 . 1995 , p. 12 ).
— declare that the application in Case T- 197/95 is
       admissible,
— order the Commission to bear the costs of these
       proceedings and the proceedings                 concerning       Reference for a preliminary ruling by the Tribunal de
       admissibility in Case T-197/95 .                                 Grande Instance de Metz by judgment of that court of
                                                                         19 December 1996 in the case of Procureur de la
Pleas in law and main arguments adduced in support:                                       Republique against Andre Ambry
                                                                                                     ( Case C-410/96 )
In its legal analysis of the case, the Court of First Instance                                           ( 97/C 74/23 )
infringed Community law (in particular, Article 173 (4 ) of
the EC Treaty, which grants the appellants the right to
challenge the contested Regulation since this Regulation                Reference has been made to the Court of Justice of the
directly and individually concerned them ) by reaching                  European Communities by judgment of the Tribunal de
conclusions which were :                                                Grande Instance ( Regional Court), Metz, of 19 December
                                                                         1996, received at the Court Registry on 24 December
( i ) not justified on the facts;                                        1996, for a preliminary ruling in the case of Procureur de
                                                                        la Republique v. Andre Ambry on the following question:
( ii ) in contradiction to the case-law of the Court of Justice
       of the European Communities and of the Court of                  Are the provisions of Article 14 of Decree No 94.490 of
       First Instance itself.                                           15 June 1994, adopted pursuant to Article 31 of Law No
                                                                        92.645 of 13 July 1992, to be regarded as not in
In particular the Court of First Instance infringed                     conformity with Directive 73/183/EEC ( J ), the first
Community law in four ways .                                            Coordination Directive of 15 December 1989 (2 ),
                                                                        Article 59 of the Treaty establishing the European
In the first place, the Court took the view that the                    Communities and Article 73 B of the Maastricht Treaty, in
contested Regulation did not constitute a bundle of                     so far as they require that, where a financial security is
decisions, thus failing to recognize the true nature of this            issued in a Member State of the EC other than France, an
Regulation.                                                             agreement must be concluded between the credit
                                                                        institution or insurance company situated in the Member
The second infringement of Community law by the Court                   State other than France and a credit institution or an
of First Instance was the failure, having regard to the case­           insurance company situated in France ?
law of the Court of Justice, to take proper account of the
specific and serious negative effect on the appellants of the           (') OJ No L 194, 16 . 7. 1973 , p . 1 .
contested Regulation, in particular having regard to the                ( 2 ) OJ No L 386 , 30 . 12 . 1989 , p . 1 .
nine currency devaluations in Sweden between 1 January
and 30 June 1995 .
The third infringement of Community law was the Court
of First Instance 's conclusion that the Commission was
not, in this case, under a duty to take account of the                  Reference for a preliminary ruling from the Korkein
consequences of the measure it envisaged adopting for the              Hallinto-oikeus by order of that court of 13 December
situation of certain individuals, i . e . the Swedish sugarbeet         1996 in the proceedings brought by Kainuun Liikenne Oy
growers .                                                                                   and Oy Pohjolan Liikenne Ab
                                                                                                    ( Case C-412/96 )
The fourth infringement of Community law was the Court
of     First  Instance's   conclusion that    neither   individual                                      ( 97/C 74/24 )
Swedish beet growers ( such as Mr Henrikson ) nor Sveriges
Betodlares Centralforening as the association representing              Reference has been made to the Court of Justice of
all Swedish beet growers in negotiations with the Swedish              the European Communities by an order of the Korkein
sugar manufacturer were individually concerned by the                  Hallinto-oikeus ( Supreme Administrative Court ) of
contested Regulation .                                                  13 December 1996, which was received at the Court