CELEX: C2002/084/103
Language: en
Date: 2002-04-06 00:00:00
Title: Judgment of the Court of First Instance 11 December 2001 in Case T-191/99: David Petrie and Others v Commission of the European Communities (Transparency — Public access to documents — Commission Decision 94/90/ECSC, EC, Euratom — Proceedings for failure to fulfil obligations — Formal notice — Reasoned opinion — Exception relating to protection of the public interest — Inspections and investigations — Court proceedings — Authorship rule — Direct effect of Article 255 EC)

C 84/56                 EN                       Official Journal of the European Communities                                        6.4.2002
2.    For the rest, dismisses the application;                                  JUDGMENT OF THE COURT OF FIRST INSTANCE
3.    Orders Compañı́a Española para la Fabricación de Aceros
      Inoxidables SA to bear its own costs and to pay two-thirds of                                6 December 2001
      the Commission’s costs and orders the Commission to bear one-
      third of its own costs.                                               in Case T-196/99: Area Cova SA e.a. v Council of the
                                                                            European Union and Commission of the European Com-
                                                                                                       munities (1)
(1) OJ C 137 of 2.5.1998.
                                                                            (Action for compensation — Non-contractual liability —
                                                                            Fisheries — Conservation of marine resources — Convention
                                                                            on Future Multilateral Cooperation in the North-West Atlan-
                                                                            tic Fisheries — Greenland halibut — Catch quota allocated
                                                                                                to the Community fleet)
    JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                     (2002/C 84/104)
                        11 December 2001
                                                                                              (Language of the case: Spanish)
in Case T-191/99: David Petrie and Others v Commission
                of the European Communities (1)
(Transparency — Public access to documents — Commission                     In Case T-196/99, Area Cova, SA, established in Vigo (Spain),
Decision 94/90/ECSC, EC, Euratom — Proceedings for                          Armadora José Pereira, SA, established in Vigo, Armadores
failure to fulfil obligations — Formal notice — Reasoned                    Pesqueros de Aldán, SA, established in Vigo, Centropesca, SA,
opinion — Exception relating to protection of the public                    established in Vigo, Chymar, SA, established in Vigo, Eloymar,
interest — Inspections and investigations — Court proceed-                  SA, established in Estribela (Spain), Exfaumar, SA, established
 ings — Authorship rule — Direct effect of Article 255 EC)                  in Bueu (Spain), Farpespan, SL, established in Moaña (Spain),
                                                                            Freiremar, SA, established in Vigo, Hermanos Gandón, SA,
                          (2002/C 84/103)                                   established in Cangas (Spain), Heroya, SA, established in Vigo,
                                                                            Hiopesca, SA, established in Vigo, José Pereira e Hijos, SA,
                     (Language of the case: Italian)                        established in Vigo, Juana Oya Pérez, residing in Vigo, Manuel
                                                                            Nores González, residing in Marı́n (Spain), Moradiña, SA,
                                                                            established in Cangas, Navales Cerdeiras, SL, established in
                                                                            Camariñas (Spain), Nugago Pesca, SA, established in Bueu,
In Case T-191/99, David Petrie, Victoria Jane Primhak and                   Pesquera Austral, SA, established in Vigo, Pescaberbés, SA,
David Verzoni, residing respectively in Verona, Naples and                  established in Vigo, Pesquerı́as Bı́garo Narval, SA, established
Bologna (Italy), Associazione lettori di lingua straniera in Italia,        in Vigo, Pesquera Cı́es, SA, established in Vigo, Pesca Herculina,
incorporating Committee for the Defence of Foreign Lecturers                SA, established in Vigo, Pesquera Inter, SA, established in
(ALLSI/CDFL), established in Verona, represented by L. Picotti              Cangas, Pesquerı́as Marinenses, SA, established in Marı́n,
and C. Medernach, avocats, with an address for service in                   Pesquerı́as Tara, SA, established in Cangas, Pesquera Vaqueiro,
Luxembourg, v Commission of the European Communities,                       SA, established in Vigo, Sotelo Dios, SA, established in Vigo,
represented by P. Stancanelli and U. Wölker, acting as Agents,              represented by A. Creus Carreras and A. Agustinoy Guilayn,
with an address for service in Luxembourg: application for the              lawyers, v Council of the European Union, represented by
annulment of the Commission decision of 20 July 1999                        R. Gosalbo Bono, J. Carbery and M. Sims, acting as Agents,
refusing access to documents relating to Infringement Pro-                  and Commission of the European Communities, represented
cedure No 96/2208 brought under Article 226 EC against the                  by T. Van Rijn and J. Guerra Fernandez, acting as Agents,
Italian Republic and concerning the situation of foreign-                   with an address for service in Luxembourg: Application for
language lecturers employed in Italian universities, the Court              compensation pursuant to Article 235 EC and the second
of First Instance (Fourth Chamber, Extended Composition),                   paragraph of Article 288 EC in respect of loss suffered by the
composed of: P. Mengozzi, President, R. Garcı́a-Valdecasas,                 applicants as a result of (1) the acceptance by the Commission
V. Tiili, R.M. Moura Ramos and J.D. Cooke, Judges, Registrar:               and the Council of a total allowable catch for 1995 of
J. Palacio González, Administrator, has given a judgment on                27 000 tonnes of Greenland halibut in the Regulatory Area
11 December 2001, in which it has ruled:                                    defined in the Convention on Future Multilateral Cooperation
                                                                            in the North West Atlantic Fisheries and (2) the conclusion of
1.    Dismisses the action;                                                 a bilateral agreement between the Community and Canada
                                                                            and the adoption of Council Regulation (EC) No 1761/95 of
2.    Orders the applicants to pay the defendant’s costs in addition        29 June 1995 amending, for the second time, Regulation (EC)
      to their own costs.                                                   No 3366/94 laying down for 1995 certain conservation and
                                                                            management measures for fishery resources in the Regulatory
                                                                            Area as defined in the Convention on Future Multilateral
(1) OJ C 314 of 30.10.1999.                                                 Cooperation in the North-west Atlantic Fisheries (OJ 1995
                                                                            L 171, p. 1) establishing, with effect from 16 April 1995, a
                                                                            quota of 5 013 tonnes of Greenland halibut for Community