CELEX: C1995/159/52
Language: en
Date: 1995-06-24 00:00:00
Title: Action brought on 3 April 1995 by Tiziano Boggian against the Commission of the European Communities (Case T-92/95)

No C 159/24            EN                  Official Journal of the European Communities                                  24 . 6 . 95
1 . the Japanese Shipowners ' Association and the European            2 , the costs are reserved.
     Community Shipowners ' Association are granted leave
     to intervene in support of the applicants;
2 . the Freight Transport Association, the Association des
     Utilisateurs des Transports de Fret and the European
     Council of Transport Users ASBL are granted leave to                    ORDER OF THE COURT OF FIRST INSTANCE
     intervene in support of the defendant;                                                     of 27 April 1995
                                                                      in Case T-393/94 : P v. Commission of the European
3 , the applicants ' request for confidential treatment of                                      Communities i 1 )
     certain parts of the file is granted;
                                                                                         (No need to give a decision)
                                                                                                  ( 95/C 159/51 )
4 , operation of Articles 1 , 2, 3 and 4 of Commission
     Decision 94/980/EC of 19 October 1994 relating to a
     proceeding pursuant to Article 85 of the EC Treaty                                (Language of the case: French)
     (IV/34.446 — Trans-Atlantic Agreement) , in so far as
     they prohibit the applicants from jointly exercising             In Case T-393/94, P, represented by Marie Vicelli and
     rate-making authority in respect of the inland portions          Jean-Pierre Spitzer, of the Paris Bar, with an address for
     within the Community of through-intermodal transport             service in Luxembourg at the Chambers of Aloyse May, 21
     services, is suspended until delivery ofthe final judgment       Grand-Rue, against the Commission of the European
     of the Court of First Instance in the main action;               Communities ( Agent: J. Griesmar ) — application for the
                                                                      annulment of several decisions of the Commission reducing
5 . there is no need to rule on the application for suspension        the rates of reimbursement of hospital expenses to the
     of the operation of those Articles with regard to the            applicant — the Court of First Instance ( First Chamber ),
     conclusion of joint service contracts;                           composed of J. L. Cruz Vilaça, President, and H. Kirschner
                                                                      and A. Kalogeropoulos, Judges; Registrar: H.Jung, made an
6 , the application for suspension of the operation of                order on 27 April 1995 of which the operative part is as
                                                                      follows :
     Article 5 of the Decision is dismissed;
7.   costs are reserved.                                               1 . there is no need to give a decision on the application;
(») OJ No L 376 , 31 . 12 . 1994 , p . 1 .                            2 , the defendant shall bear the costs.
                                                                       f 1 ) OJ No C 392 , 31 . 12 . 1994 .
                ORDER OF THE PRESIDENT
          OF THE COURT OF FIRST INSTANCE
                        of 11 April 1995                              Action brought on 3 April 1995 by Tiziano Boggian against
                                                                                the Commission of the European Communities
in Case T-82/95 R: Carmen Gómez de Enterria v. European
                             Parliament                                                          ( Case T-92/95 )
                          ( 95/C 159/50 )                                                          ( 95/C 159/52
                 (Language of the case: French)                                         (Language of the case: Italian)
In Case T-82/95 R: Carmen Gômez de Enterria, an official               An action against the Commission of the European
of the European Parliament, residing in Luxembourg,                    Communities was brought before the Court of First
represented by Eric Boigelot, of the Brussels Bar, with an             Instance of the European Communities on 3 April 1 995 by
address for service in Luxembourg at the Chambers of Louis             Tiziano Boggian, an independent trader resident in
Schiltz, 2 Rue du Fort Rheinsheim v. European Parliament               Montagnana ( Padua, Italy), represented by Ivone
 ( Agents : G. Garzon Clariana and M. Peter ) — application            Cacciavillani of the Venice Bar, with an address for service
for suspension of the implementation of the decision of the            in Luxembourg at the Chambers of Alain Lorang, 51 Rue
President of the European Parliament of 19 December 1994               Albert I er .
retiring the applicant from her post pursuant to Article 50 of
the Staff Regulations — the President of the Court of First            The applicant claims that the Court should :
 Instance made an order on 1 1 April 1995 , the operative part
 of which is as follows :
                                                                       — annul Commission Decision No C(91 ) 1725 of 29 July
                                                                              1991 (not published ), approving and granting EEC
 1 , the application for interim measures is dismissed;                       financing for the ' Operational programme for the
 ---pagebreak--- 24 . 6 . 95              EN                  Official Journal of the European Communities                                 No C 159/25
      development of rural areas in the Veneto Region' in so                    following the prior adjudication procedure under
      far as it concerns the 'measure ', contained in                           Article 8 of Decision No C(91 ) 1725 , adopted pursuant
      ' subprogramme 2 — Development of other economic                          to the framework Regulations (EEC ) No 2052/88 (2 )
      sectors and services ', entitled 'Measure 1 — Heading                     and ( EEC ) No 4253/88 ;
      1.10 : Reactivation of the former " GIBO " factory at
      Montagnana as the location for new activities and a               (c ) infringement of Article 14 ( 3 ) of Regulation ( EEC )
      service centre',                                                          No 4253/88 , and misuse of powers through failure to
                                                                                investigate and to state reasons : the proposal of the
— annul Commission Decision No C(93 ) 3752 of
                                                                                Veneto Region concerning Zaico SpA completely
                                                                                lacked the administrative mechanisms essential for
      9 December 1993 ( not published ) to the extent that it
                                                                                ensuring the effectiveness of the initiative . It follows
      increases the amount of Community financing for
                                                                                that the absence of any details in the programme as to
      Objective 5 (b ) of the Operational programme in
                                                                                how the financing was to be used should have
      relation to the measure contained in ' Subprogramme 2
      — Development of other economic sectors and services ',
                                                                                prevented the Commission from granting the aid
                                                                                requested .
      entitled 'Measure 1 — Heading 1.10 : Reactivation of the
      former " GIBO " factory at Montagnana as the location
      for new activities and a service centre ',                        Finally, the applicant argues that the measures in question
                                                                        conflict with Articles 52 and 59 of the EC Treaty, the
— annul all other measures connected therewith and/or                   freedom of establishment and the freedom to provide
                                                                        services .
      resulting therefrom, and order the Commission to pay
      the costs .
                                                                        (M OJ No L 374 , 31 . 12 . 1988 , p . 1 .
                                                                        ( 2 ) OJ No L 185 , 15 . 7 . 1988 , p . 9 .
Pleas in law and main arguments adduced in support:
The applicant is the owner of a small to medium-sized
business in the Veneto Region, which carries on production
in the former ' GIBO' factory, which is situated in the
industrial and small trades estate of the Commune of
Montagnana , and which it occupies as tenant. He challenges             Action brought on 5 April 1995 by Didier Gambier against
the above Decisions in so far as they establish a financial                      the Commission of the European Communities
instrument, by way of contribution from the European                                               ( Case T-95/95 )
Regional Development Fund , for a project to reclaim,
                                                                                                     ( 95/C 159/53 )
rebuild and reuse the former ' GIBO ' kitchen factory, such
action being necessary, according to the Commission,
because the building had been dismantled in 1963 and not                                  (Language of the case: Frencb)
been rebuilt since .
                                                                        An action against the Commission of the European
The applicant alleges:                                                  Communities was brought before the Court of First
                                                                        Instance of the European Communities on 5 April 1995 by
                                                                        Didier Gambier, residing at San Diego (United States of
( a ) infringement of Article 14 ( 3 ) of Regulation ( EEC )            America ), represented by Marc-Albert Lucas, of the Liège
        No 4253/88 (*), erroneous assessment of the facts, and          Bar, with an address for service in Luxembourg at the
        misuse of powers through failure to investigate and to          Chambers of Evelyne Korn, 21 Rue de Nassau.
        state reasons: the Commission incorrectly ascertained
        the essential facts concerning the financial instrument it
        has approved . The former ' GIBO ' factory cannot be           The applicant claims that the Court should :
        said to have been dismantled in 1963 and not rebuilt
        since, given that the applicant carries on his business        — annul the decision of the Commission to reassign the
        inside the building, and that machines , administrative               applicant to the Commission, bringing to an end his
        offices and areas equipped for staff and materials are                secondment to ITER ( International Thermonculear
        situated there;                                                       Experimental Reactor ),
( b ) infringement of the Community provisions on public               — declare unlawful the decision not to take steps in order
        contracts : the contested decision is in serious and                  to remedy the applicant's situation following the entry
        manifest breach of Community rules, the Commission                    into office of a new Director of the ITER project, with all
        having thereby effectively endorsed a particular                      the legal consequences that such a declaration entails,
        internal ( and regional ) administrative practice, which
        freely attributes the execution of public works to             — order the Commission to pay to him, in respect of the
        private persons, in this case Zaico SpA, without                      first contested decision(s ), compensation in the amount