CELEX: C1998/378/32
Language: en
Date: 1998-12-05 00:00:00
Title: ORDER OF THE COURT OF FIRST INSTANCE of 15 September 1998 in Case T-109/97: Molkerei Großbraunshain GmbH and Bene Nahrungsmittel GmbH v. Commission of the European Communities (Community protection of designations of origin - Registration under a Commission Regulation of a designation for a geographical area considered by the applicants to be too large - Action for annulment - Inadmissibility)

5.12.98              EN                   Official Journal of the European Communities                                C 378/17
  JUDGMENT OF THE COURT OF FIRST INSTANCE                            the Chambers of Jacques Schroeder of Faltz et AssocieÂs, 6,
                    of 30 September 1998                             Rue Heine, against the Commission of the European
                                                                     Communities (Agents: Ana Maria Alves Vieira and Knut
in Case T-121/97: Richie Ryan v. Court of Auditors of the            Simonsson) Ð application for taxation of costs made
                  European Communities (1)                           following the judgment of the Court of First Instance of
(Action for annulment Ð System of payment for the                    11 July 1996 in Case T-271/94 Branco v. Commission
members of the Court of Auditors Ð Departure from                    [1996] ECR II-749 Ð the Court of First Instance (Fifth
office Ð Pension Ð No increase Ð Infringement of the                 Chamber), composed of: J. Azizi, President, R. García-
basic regulation Ð Statement of reasons Ð Legitimate                 Valdecasas and M. Jaeger, Judges; H. Jung, Registrar,
      expectations Ð Principle of non-discrimination)                made an order on 17 September 1998, the operative part
                                                                     of which is as follows:
                         (98/C 378/30)
               (Language of the case: French)                        The total amount of the recoverable costs in Case T-271/
                                                                     94 is fixed at PTE 1 316 660, including VAT.
In Case T-121/97: Richie Ryan, former member of the
Court of Auditors of the European Communities, resident              (1) OJ C 288, 15.10.1994.
in Dublin, represented by Georges Vandersanden, of the
Brussels Bar, with an address for service in Luxembourg at
the Offices of Fiduciaire Myson SARL, 30 Rue de
Cessange, against the Court of Auditors of the European
Communities (Agents: Jean-Marie Stenier, Jan Inghelram
and Paolo Giusta), supported by the Council of the
European Union (Agents: Jean-Paul JacqueÂ and TheÂreÁse
                                                                          ORDER OF THE COURT OF FIRST INSTANCE
Blanchet) Ð application for the annulment of the decision
of the Court of Auditors of 20 February 1997 setting the                                 of 15 September 1998
rate of the applicant's pension with effect from 1 March
                                                                      in Case T-109/97: Molkerei Groûbraunshain GmbH and
1997 Ð the Court of First Instance (Fifth Chamber),
                                                                          Bene Nahrungsmittel GmbH v. Commission of the
composed of: J. Azizi, President, R. García-Valdecasas and
                                                                                       European Communities (1)
M. Jaeger, Judges; B. Pastor, Principal Administrator, for
the Registrar, has given a judgment on 30 September                  (Community protection of designations of origin Ð
1998, in which it:                                                   Registration under a Commission Regulation of a
                                                                     designation for a geographical area considered by the
1. Annuls the decision of the Court of Auditors of                   applicants to be too large Ð Action for annulment Ð
    20 February 1997 setting the rate of the applicant's                                     Inadmissibility)
    pension;
                                                                                              (98/C 378/32)
2. Orders the Court of Auditors to pay the costs;
                                                                                    (Language of the case: German)
3. Orders the Council to bear its own costs.
(1) OJ C 199, 28.6.1997.
                                                                     In Case T-109/97: Molkerei Groûbraunshain GmbH and
                                                                     Bene Nahrungsmittel GmbH, established in Altenburg
                                                                     (Germany), represented by Michael Loschelder and Thilo
                                                                     Klingbeil, lawyers, Cologne, with an address for service in
                                                                     Luxembourg at the Chambers of Marc Loesch, 11 Rue
                                                                     Goethe, supported by Freistaat Thüringen, represented by
                                                                     Georg M. Berrisch, lawyer, Hamburg, with an address for
     ORDER OF THE COURT OF FIRST INSTANCE                            service in Luxembourg at the Chambers of Guy Harles,
                       (Fifth Chamber)                               8Ð10 Rue Mathias Hardt, against Commission of the
                                                                     European Communities (Agents: JoseÂ-Luis Iglesias
                    of 17 September 1998                             Buhigues, Ulrich Wölker and Bertrand Wägenbaur),
       in Case T-271/94 (92): EugeÂnio Branco Lda v.                 supported by Molkerei und Weichkäserei K.-H.
        Commission of the European Communities (1)                   Zimmermann         GmbH,      established  in   Falkenhain
                                                                     (Germany), represented by Philipp Lotze and Stefan Lehr,
                      (Taxation of costs)                            of the Brussels Bar, with an address for service in
                         (98/C 378/31)                               Luxembourg at the Chambers of ReneÂ Foltz, 6 Rue
                                                                     Heinrich Heine, Ð application for annulment of
                                                                     Commission Regulation (EC) No 123/97 of 23 January
             (Language of the case: Portuguese)
                                                                     1997 supplementing the Annex to Commission Regulation
                                                                     (EC) No 1107/96 on the registration of geographical
In Case T-271/94 (92): EugeÂnio Branco Lda, established in           indications and designations of origin under the procedure
Lisbon, represented by Bolota Belchior, of the Vila Nova             laid down in Article 17 of Regulation (EEC) No 2081/92
de Gaia Bar, with an address for service in Luxembourg at            (OJ L 22, 24.1.1997, p. 19), in so far as it registers the
 ---pagebreak--- C 378/18             EN                  Official Journal of the European Communities                                     5.12.98
protected designation of origin Altenburger Ziegenkäse'            Action brought on 21 August 1998 by Takis Ageladarakis
for too large a geographical area Ð the Court of                    and Others against the Commission of the European
First Instance (Second Chamber), composed of: A.                        Communities and the Council of the European Union
Kalageropoulos, President, and C. W. Bellamy and J.                                          (Case T-137/98)
Pirrung, Judges; H. Jung, Registrar, has given an order on
15 September 1998, in which it:                                                               (98/C 378/34)
1. Dismisses the application as inadmissible;                                         (Language of the case: English)
2. Orders the applicants to bear their own costs and to             An action against the Commission of the European
     bear jointly and severally the costs of the Commission         Communities and the Council of the European Union was
     and the intervening party, Molkerei und Weichkäserei           brought before the Court of First Instance of the European
     K.-H. Zimmermann GmbH;                                         Communities on 21 August 1998 by Takis Ageladarakis,
                                                                    represented by Kenneth Parker QC and Rhodri
                                                                    Thompson, Monckton Chambers, 4 Raymond Buildings,
3. Orders Freistaat Thüringen to bear its own costs.                Gray's Inn, London WC1R 5BP, United Kingdom.
(1) OJ C 199, 28.6.1997.                                            The applicant claims that the Court should:
                                                                    Ð make a declaration that the rejection of the applicants'
                                                                         complaint whereby the Commission and Council failed
                                                                         to take any specific measures vis-aÁ-vis the applicants
                                                                         to implement the judgment of the Court in Joined
      ORDER OF THE COURT OF FIRST INSTANCE                               Cases T-177/94 and T-377/94 Altmann et al. v.
                       (First Chamber)                                   Commission of 12 December 1996 is unlawful and a
                                                                         service-related fault for which the Commission and
                     of 12 October 1998                                  Council are liable;
in Case T-235/97: Franco Campoli v. Commission of the
                  European Communities (1)                          Ð order that the Commission and Council pay the
                                                                         applicants the individual sums set out in the Schedule
(Officials Ð Judgment of the Court of First Instance Ð
                                                                         attached to the Application at Annex 7 hereto,
Application for review of classification in grade Ð Plea of
                                                                         modified to the date of judgment; and, in the event
    inadmissibility Ð New material fact Ð Admissibility)
                                                                         that no order is made in respect of the applicants'
                        (98/C 378/33)                                    liability for United Kingdom taxation on such sums;
                (Language of the case: Italian)                          such further som as may represent:
                                                                         (i) the sum payable by the applicants in respect of
In Case T-235/97: Franco Campoli, an official of the
                                                                              United Kingdom taxation, the quantification of
Commission of the European Communities, residing in
                                                                              such sums being adjourned pending negotiation
Brussels, represented by Sergio Diana, of the Cagliari and
                                                                              between the parties and the United Kingdom tax
Brussels Bars, 205 Rue Belliard, Brussels, against the
                                                                              authorities; alternatively
Commission of the European Communities (Agent:
Gianluigi Valsesia) Ð application for annulment, first, of
the Commission's Decision of 16 October 1996 rejecting                   (ii) the actual liabilities for which the applicants are
the applicant's application for a review of his classification                liable to the United Kingdom tax authorities, the
and, second, of the Commission's Decision of 29 April                         Council and Commission being liable to indemnify
1997 rejecting the complaint against the Decision of                          the applicants in respect of any such contingent
16 October 1996 Ð the Court of First Instance (First                          liability; and
Chamber), composed of: B. Vesterdorf, President, J.
Pirrung and M. Vilaras, Judges; H. Jung, Registrar, made            Ð order that the Council and Commission bear the costs
an order on 12 October 1998, the operative part of which                 of the proceedings.
is as follows:
                                                                    Pleas in law and main arguments adduced in support:
1. The application is dismissed as inadmissible.
                                                                    The pleas in law and main arguments are identical to
2. The parties shall bear their own costs.                          those raised in Case T-30/98 (1).
(1) OJ C 318, 18.10.1997.                                           (1) OJ C 184, 13.6.1998, p. 11.