CELEX: C1997/131/08
Language: en
Date: 1997-04-26 00:00:00
Title: Action brought on 18 February 1997 by the Commission of the European Communities against SNUA SRL (Servizi Netezza Urbana ed Affini) (Case C-69/97)

No C 131 /4            EN                 Official Journal of the European Communities                                      26 . 4 . 97
Service, acting as Agents, assisted by Alberto Dal Ferro, of         Pleas in law and main arguments adduced in support:
the Vicenza Bar, with an address for service in
Luxembourg at the office of Carlos Gomez de la Cruz,                 The action, brought under an arbitration clause, seeks the
Wagner Centre, Kirchberg.                                            recovery of a financial contribution granted by the
                                                                     applicant to the defendant to enable the latter to complete
The applicant claims that the Court should:                          an integrated private solid waste collection and recycling
                                                                     system . The Commission decided to terminate the
— order Cascina Laura and Gariboldi jointly and                      contract, governed by Italian law, on the ground that the
     severally to refund ECU 479 134 together with interest          defendant failed to perform its obligations.
     as from the payment of that sum until the date on
     which it is repaid, by monthly instalments of ECU
     1 742 as from 31 July 1990 and of ECU 2 464 as from
     20 April 1991 — that is to say, by total monthly
     instalments of ECU 4 206 as from 20 April 1991 —
     until the date of actual settlement,                            Appeal brought on 18 February 1997 by Kruidvat BVBA
                                                                     against the judgment delivered on 12 December 1996 by
— order Cascina Laura and Gariboldi jointly and                      the Court of First Instance of the European Communities
     severally to pay damages to the Commission in the               in    Case    T-87/92       between     Kruidvat    BVBA       and
     amount of ECU 100 000 or such sum as the Court                  Commission of the European Communities, supported by
     may deem to be appropriate,                                     Parfums Givenchy SA, Comité de liaison des syndicats
                                                                     européens de l'industrie de la parfumerie et des
— order Cascina Laura and Gariboldi jointly and                      cosmétiques and Fédération européenne des parfumeurs
     severally to pay the costs.                                                                  détaillants
                                                                                            ( Case C-70/97 P)
Pleas in law and main arguments adduced in support:
                                                                                               ( 97/C 131/09 )
The object of this action, which is based on an arbitration
clause, is to recover financial assistance which the                 An appeal against the judgment delivered on 12 December
Commission granted the defendants so that they could                  1996 by the Court of First Instance of the European
construct a dual generator to produce electricity and heat           Communities in Case T- 8 7/92 between Kruidvat BVBA
from biomass consisting of rice production residue (chaff            and Commission of the European Communities, supported
and husks). The Commission decided to withdraw from                  by Parfums Givenchy SA, Comité de liaison des syndicats
the contract, drawn up between the parties in accordance             europèens de l'industrie de la parfumerie et des
with Italian law, on account of the defendants' failure to           cosmétiques and Federation européenne des parfumeurs
perform their obligations thereunder.                                détaillants, was brought before the Court of Justice of the
                                                                     European Communities on 18 February 1997 by Kruidvat
                                                                     BVBA, represented by O. W. Brouwer, of the Amsterdam
                                                                     Bar, and F. P. Louis and P. Wytinck, of the Brussels Bar,
                                                                     with an address for service in Luxembourg at the
                                                                     Chambers of M. Loesch, 11 rue Goethe .
Action brought on 18 February 1997 by the Commission
 of the European Communities against SNUA SRL ( Servizi              The appellant claims that the Court should:
                    Netezza Urbana ed Affini)
                          Case C-69/97                               — set aside the judgment of the Court of First Instance of
                                                                          12 December 1996 in Case T-87/92 and, if possible,
                          ( 97/C 131/08 )                                 itself declare admissible the action for annulment
                                                                          brought by Kruidvat BVBA before the Court of First
 An action against SNUA SRL ( Servizi Netezza Urbana ed                   Instance, and
 Affini) was brought before the Court of Justice of the
 European Communities on 18 February 1997 by ' the                   — order the Commission to pay the costs of the present
 Commission of the European Communities, represented                      proceedings.
 by Paolo Stancanelli and Jean-Francis Pasquier, of its
                                                                      Pleas in law and main arguments adduced in support:
 Legal Service, acting as Agents, with an address for service
 in Luxembourg at the office of Carlos Gomez de la Cruz,              — Infringement of the fourth paragraph of Article 173 of
 of its Legal Service, Wagner Centre, rue Alcide de Gasperi,              the EC Treaty
 Kirchberg.
                                                                          — by inaccurate interpretation and incorrect
 The applicant claims that the Court should:                                   application of the conditions relating to
                                                                               participation in the competition procedure as an
 — order SNUA to repay ECU 195 397, together with                              element distinguishing a party individually for the
      interest at a rate of ECU 43,09 per day as from 1 April                  purposes of the fourth paragraph of Article 173 of
      1988 until the date of actual payment,                                   the EC Treaty,
 — order SNUA to pay to the Commission ECU 60 000,                        — by the finding that the Commission's contested
      or another appropriate sum, by way of damages, and                       decision   was     not    of   individual  concern     to
                                                                               Kruidvat, despite the fact that at the time it was
 — order SNUA to pay the costs.                                                adopted Kruidvat was already involved in