CELEX: C1995/351/35
Language: en
Date: 1995-12-30 00:00:00
Title: Action brought on 3 November 1995 by Josef Gierse against the Council of the European Union and the Commission of the European Communities (Case T-206/95)

No C 351 / 18           EN                  Official Journal of the European Communities                                    30 . 12 . 95
Treaty by two post offices which relied upon a market                            legitimate expectations, non-discrimination and
allocation     scheme     set  out   in  the  Universal     Postal               sound administration .
Convention. The behaviour in question of the post offices
named in the complaint was directed towards suppressing                (>) OJ No C 119 , 13 . 5 . 1995 , p . 12 .
or restraining 'remail' competition , a practice whereby a             ( 2 ) OJ No C 189 , 22 . 7 . 1995 , p . 17.
mailer prepares international mail in one country but posts            (<) OJ No C 229 , 2 . 9 . 1995 , p . 22 .
the mail not with the post office of that country but with a
post office located in another country .
On 23 November 1994 , the applicant called on the
Commission to act, under Article 175 , by adopting a                   Action brought on 3 November 1995 by Josef Gierse against
definitive position on the complaint as far as Article 85 is           the Council of the European Union and the Commission of
concerned . On 15 February 1995 , not having received any                                 the European Communities
decision from the Commission, the applicant lodged at the
                                                                                                ( Case T-206/95 )
Court of First Instance an application under Article 175
against the Commission for failure to act ( Case T-28/95 ) ( ! ).                                  ( 95/C 351 /35 )
On 17 February 1995 , the Commission adopted Decision
SG(95 ) D/ 1790, rejecting as regards Article 85 of the EC                              (Language of the case: German)
Treaty, the complaint made by the applicant. The applicant
challenged that Decision by its application of 18 April 1995           An action against the Council of the European Union and
( Case T-l 10/95 ) ( 2 ). On 6 April 1995 , the Commission             the Commission of the European Communities was brought
adopted Decision SG(95)D/4438 , rejecting the second part              before the Court of First Instance of the European
of the aforementioned complaint. The applicant sought the               Communities on 3 November 1995 by Josef Gierse, residing
annulment of that Decision by its application of 20 June               at Schmallenberg ( Federal Republic of Germany ),
 1995 ( Case T-133/95 ) ( 3 ). On 14 August 1995 , the                 represented by Bernd Meisterernst, Mechtild Düsing,
Commission further adopted the purported Decision, which                Dietrich Manstetten, Dr Frank Schulze and Dr Winfried
is contested here, rejecting the complaint with respect to the          Haneklaus, Rechtsanwälte, Münster, with an address for
application of Article 25 of the Universal Postal Convention            service in Luxembourg at the Chambers of Dupong &
solely to ABC remail by the German, UK and French post                  Associés, 14a Rue des Bains .
offices .
                                                                        The applicant claims that the Court should:
In this respect the applicant submits the following pleas in
 law:                                                                   ( 1 ) order the defendants jointly and severally to pay to the
                                                                              applicant milk quota compensation ( SLOM-III ) for the
— as a principal plea, that the Commission's purported                        period from 2 April 1984 to 31 March 1993 ,
    Decision of 14 August 1995 should be declared                             amounting to DM 14 219,09, together with 8%
    non-existent because it constitutes a manifestly illegal                  interest from 19 May 1992 , and to pay the costs of the
    act ,                                                                     proceedings;
— in the alternative, that the Decision should be annulled,             ( 2 ) stay the proceedings .
    on the grounds of:
                                                                        Pleas in law and main arguments adduced in support:
    — infringement of Article 190 of the EC Treaty in that
          the Commission fails to state its reasons ( i ) as to the     The pleas in law and main arguments are the same as those
          allegation that the Post Offices' use of Article 25 of        in Case T-20/94 .
          the UPU Convention infringes Article 85 of the EC
          Treaty, and ( ii ) as to the fact that it adopted two
          different positions in respect of the same factual and
          legal situation,
     — infringement of Articles 85 and 86 of the EC Treaty               Action brought on 2 November 1995 by Maria de los
          through the Commission 's failure to condemn the               Angeles Ibarra Gil against the Commission of the European
          Post Offices' efforts to restrain the development of                                       Communities
          ABC remail through the use of the authority and                                        ( Case T-207/95 )
          purported authority of Article 25 of the UPU                                              ( 95/C 351 /36 )
          Convention,
     — misuse of powers in that the Commission's main                                    (Language of the case: French)
          purpose in rejecting the complaint was in fact to
          achieve political objectives,                                  An action against the Commission of the European
                                                                         Communities was brought before the Court of First
     — breach of certain general principles of law in that, in           Instance of the European Communities on 2 November
          adopting the decision, the Commission infringed the             1 995 by Maria de los Angeles Ibarra Gil, residing in Brussels
          principles of legal certainty, the protection of               ( Belgium ), represented by Marc-Albert Lucas, of the Liege