CELEX: C1998/007/48
Language: en
Date: 1998-01-10 00:00:00
Title: ORDER OF THE COURT OF FIRST INSTANCE of 3 October 1997 in Case T-186/96: Mutual Aid Administration Services NV v. Commission of the European Communities (Tender for the transportation of free supplies of agricultural products intended for the peoples of Armenia and Azerbaijan - Refusal by the Commission to pay to the successful transportation tenderer the whole of the price claimed - Action for annulment - Action constituting in actual fact an action for performance of a transportation contract - Manifest lack of jurisdiction of the Court of First Instance - Manifest inadmissibility of the action for annulment)

C 7/14                  EN                    Official Journal of the European Communities                                10. 1. 98
  JUDGMENT OF THE COURT OF FIRST INSTANCE                                  JUDGMENT OF THE COURT OF FIRST INSTANCE
                      of 27 November 1997                                                    of 27 November 1997
in Case T-224/95: Roger Tremblay and Others v.                           in Case T-20/96: Stephen Pascall v. Commission of the
        Commission of the European Communities (1)                                         European Communities (1)
(Competition Ð Copyright Ð Rejection of a complaint Ð                    (Officials Ð Member of the temporary staff in the
Enforcement of a judgment setting aside a decision Ð                     scientific and technical services Ð Appointment to a post
Partitioning of market Ð Statement of reasons Ð Misuse                   covered by the operating budget Ð Withdrawal of a
                             of powers)                                  decision granting further advancement to a higher step on
                                                                                         account of exceptional merit)
                            (98/C 7/46)
                                                                                                   (98/C 7/47)
                 (Language of the case: French)
                                                                                        (Language of the case: French)
In Case T-224/95: Roger Tremblay, residing in Vernantes                  In Case T-20/96: Stephen Pascall, an official of the
(France), Harry Kestenberg, residing in Saint-AndreÂ-les-                Commission of the European Communities, residing in
Vergers (France), and Syndicat des Exploitants de Lieux de               Brussels, represented by Jean-NoeÈl Louis, Thierry
Loisirs (SELL), established in Paris, represented by Jean                Demaseure and Ariane Tornel, of the Brussels Bar, with an
Claude Fourgoux, of the Paris Bar, with an address for                   address for service in Luxembourg at the offices of
service in Luxembourg at the Chambers of Pierrot Schiltz,                Fiduciaire Myson SARL, 30, rue de Cessange, v.
4, rue BeÂatrix de Bourbon, supported by Music Users'                    Commission of the European Communities (Agent: Ana
Council of Europe (MUCE), established in Uxbridge                        Maria Alves Vieira) Ð application for annulment of the
(United Kingdom), represented by Jean-Louis Fourgoux,                    Commission's decision of 26 June 1995 withdrawing its
of the Paris Bar, with an address for service in                         decision of 18 October 1994 granting the applicant
Luxembourg at the Chambers of Pierrot Schiltz, 4, rue                    further advancement to a higher step Ð the Court of First
BeÂatrix de Bourbon, Associazione Italiana Imprenditori                  Instance (Second Chamber), composed of: C. W. Bellamy,
Locali da Ballo (SILB), established in Rome, represented                 President, and A. Kalogeropoulos and R. M. Moura
by Jean Claude Fourgoux, of the Paris Bar, with an                       Ramos, Judges; A. Mair, Administrator, for the Registrar,
address for service in Luxembourg at the Chambers of                     has given a judgment on 27 November 1997, in which it:
Pierrot Schiltz, 4, rue BeÂatrix de Bourbon, against the
Commission of the European Communities (Agents:
                                                                         1. Dismisses the action.
Giuliano Marenco and Guy Charrier), supported by The
French Republic (Agents: Kareen Rispal-Bellanger and
Jean-Marc Belorgey), application, first, for annulment of                2. Orders the Commission to bear its own costs and to
the Commission decision of 13 October 1995 rejecting the                     pay the costs of the applicant.
complaints made on 4 February 1986, in particular by
Messrs Tremblay and Kesterberg, pursuant to Article 3 (2)                (1) OJ C 108, 13. 4. 1996.
of Council Regulation No 17 of 6 February 1962, first
Regulation implementing Articles 85 and 86 of the
Treaty (2), concerning the existence of market sharing and
the total partitioning of the market said to result
therefrom, as between the societies which manage
copyright in the various Member States and, secondly, an                      ORDER OF THE COURT OF FIRST INSTANCE
order against the Commission requiring it to carry out the
investigations necessary in order to establish the existence                                   of 3 October 1997
of the restrictive agreement complained of Ð the Court of                in Case T-186/96: Mutual Aid Administration Services
First Instance of the European Communities (Third                            NV v. Commission of the European Communities (1)
Chamber), composed of C. W. Bellamy, President, A.
                                                                         (Tender for the transportation of free supplies of
Kalogeropoulos and J. D. Cooke, Judges, Registrar: M. A.
                                                                         agricultural products intended for the peoples of Armenia
Mair, Administrator, has given a judgment on
                                                                         and Azerbaijan Ð Refusal by the Commission to pay to
27 November 1997, in which it:
                                                                         the successful transportation tenderer the whole of the
                                                                         price claimed Ð Action for annulment Ð Action
1. Dismisses the action;                                                 constituting in actual fact an action for performance of a
                                                                         transportation contract Ð Manifest lack of jurisdiction of
                                                                         the Court of First Instance Ð Manifest inadmissibility of
2. Orders the applicants to pay the costs;                                                 the action for annulment)
                                                                                                   (98/C 7/48)
3. Orders the French Republic to bear its own costs.
                                                                                        (Language of the case: Dutch)
(1) OJ C 64, 2. 3. 1996.
(2) Official Journal, English Special Edition 1959Ð62, p. 87.
                                                                         In Case T-186/96: Mutual Aid Administration Services
                                                                         NV, established in Antwerp (Belgium), represented by Jan
                                                                         Tritsmans, of the Antwerp Bar, with an address for service
 ---pagebreak--- 10. 1. 98             EN                Official Journal of the European Communities                                   C 7/15
in Luxembourg at the Chambers of ReneÂ Faltz, 6 rue                               ORDER OF THE PRESIDENT
Heinrich Heine, v. Commission of the European                               OF THE COURT OF FIRST INSTANCE
Communities (Agents: Blanca VilaÂ Costa and Hubert van                                   of 8 October 1997
Vliet) Ð application for payment of the whole of the sum
charged for the transportation of free supplies of fruit           in Case T-229/97 R: ComiteÂ EuropeÂen des Fabricants de
juice and fruit jams intended for the peoples of Armenia                 Sucre (CEFS) v. Council of the European Union
and Azerbaijan Ð the Court of First Instance (Third                (Sugar Ð Common organization of the markets Ð Fixing
Chamber), composed of B. Vesterdorf, President, and C. P.          of intervention prices Ð Interim measures procedure Ð
BrieÈt and A. Potocki, Judges; H. Jung, Registrar, made an                            Suspension of operation)
order on 3 October 1997, the operative part of which is
as follows:                                                                                  (98/C 7/50)
1. The application          is  dismissed   as    manifestly                      (Language of the case: English)
     inadmissible.
                                                                   In Case T-229/97 R: ComiteÂ EuropeÂen des Fabricants de
2. The applicant is ordered to pay the costs.                      Sucre (CEFS), established in Brussels, represented by
                                                                   Bernard O'Connor, Solicitor, and Bonifacio García Porras,
(1) OJ C 26, 25. 1. 1997.                                          of the Salamanca Bar, with an address for service in
                                                                   Luxembourg at the Chambers of ArseÁne Kronshagen, 12,
                                                                   boulevard de la Foire, against Council of the European
                                                                   Union (Agents: Jan-Peter Hix and Ignacio Díez Parra),
                                                                   supported by Commission of the European Communities
                                                                   (Agents: James MacDonald Flett and Xavier Lewis) Ð
               ORDER OF THE PRESIDENT                              application pursuant to Articles 185 and 186 of the EC
         OF THE COURT OF FIRST INSTANCE                            Treaty for suspension of the operation of Article 1 (f) of
                                                                   Council Regulation (EC) No 1188/97 of 25 June 1997
                     of 26 September 1997                          fixing, for the 1997/98 marketing year, the derived
in Case T-183/97 R: Carla Micheli and others v.                    intervention prices for white sugar, the intervention price
         Commission of the European Communities                    for raw sugar, the minimum prices for A and B beet, and
                                                                   the amount of compensation for storage costs (1), in so far
(Community technological research and development
                                                                   as it affects European sugar producers or otherwise erga
policy Ð MAST III programme Ð Decision establishing
                                                                   omnes, and for all other such interim measures as the
the list of proposed actions eligible for a Community
                                                                   Court should judge necessary Ð the President of the
contribution Ð Procedure for interim relief Ð Application
                                                                   Court of First Instance has made an order on 8 October
         for suspension of operation of a measure)
                                                                   1997, the operative part of which is as follows:
                          (98/C 7/49)
                                                                   1. The Commission is granted leave to intervene in
               (Language of the case: Italian)                         support of the form of order sought by the Council.
In Case T-183/97 R: Carla Micheli, Andrea Peirano, Carlo           2. The application for interim relief is dismissed.
Nike Bianchi and Marinella Abbate, researchers at the
Ente per le Nuove Tecnologie, l'Energia e l'Ambiente
(ENEA Ð Centre for Research into New Technologies,                 3. Costs are reserved.
Energy and the Environment), established in Rome,
represented by Wilma Viscardini DonaÁ, Mariano Paolin              (1) OJ L 170, 28. 6. 1997, p. 3.
and Simonetta DonaÁ, of the Padua Bar, with an address
for service in Luxembourg at the Chambers of Ernest
Arendt, 39, rue Mathias Hardt, v. Commission of the
European Communities (Agents: Eugenio de March and
Alberto Dal Ferro) Ð application for suspension of
operation, either wholly or in part, of the decision of the        Action brought on 2 June 1997 by MichaeÈl Tavernier
Commission of 26 March 1997 establishing the main list                       against the European Court of Auditors
and the reserve list of proposed actions eligible for a                                    (Case T-170/97)
Community contribution under the MAST III programme
and, consequently, for suspension of operation of the                                        (98/C 7/51)
decision excluding the Posible programme Ð the President
of the Court of First Instance made an order on                                   (Language of the case: French)
26 September 1997, the operative part of which is as
follows:                                                           An action against the European Court of Auditors was
                                                                   brought before the Court of First Instance of the European
1. The application for interim measures is dismissed.              Communities on 2 June 1997 by MichaeÈl Tavernier,
                                                                   residing in Lintgen (Luxembourg), represented by Jean-
2. The costs are reserved.                                         NoeÈl Louis, Thierry Demaseure and Ariane Tornel, of the
                                                                   Brussels Bar, with an address for service in Luxembourg at
                                                                   Fiduciaire Myson SARL, 30, rue de Cessange.