CELEX: C1997/387/36
Language: en
Date: 1997-12-20 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 7 November 1997 in Case T-84/96: Cipeke - Comércio e Indústria de Papel Lda v. Commission of the European Communities (European Social Fund - Decision to reduce financial assistance - Duty to provide a statement of reasons)

20 . 12 . 97             EN                   Official Journal of the European Communities                                 C 387/ 19
Communities,          residing at        Sterrebeek      ( Belgium ),      JUDGMENT OF THE COURT OF FIRST INSTANCE
represented by Jean-Noel Louis, Thierry Demaseure and                                           of 7 November 1997
Ariane Tornel, of the Brussels Bar, with an address for
service in Luxembourg at the offices of Fiduciaire Myson                 in Case T-2 18/95 : Azienda Agricola 'Le Canne' Srl v.
SARL, 30 Rue de Cessange, v. Commission of the                                   Commission of the European Communities ( 1 )
European Communities ( Agents : Gianluigi Valsesia and,
                                                                         (Agriculture — Fisheries — Aquaculture and establishment
initially, Ana Maria Alves Vieira and, subsequently,
                                                                         of protected marine areas — Community financial aid —
Florence Clotuche ) — application for annulment of the
decision, dated 26 March 1996, of the selection board in                 Declaration of ineligibility of certain expenditure —
                                                                                 Action for annulment — Action for damages)
competition COM/A/955 , by which it decided not to
admit the applicant to the oral test in the competition                                               ( 97/C 387/35 )
and, in so far as may be necessary, annulment of
the    initial   decision      of that  selection   board,     dated
16 February 1996 — the Court of First Instance ( Second                                   (Language of the case: Italian)
Chamber ), composed of: C. W. Bellamy, President, and
A. Kalogeropoulos and P. Lindh, Judges; A. Mair,
                                                                         In Case T-218/95 : Azienda Agricola ' Le Canne' Sri,
Administrator, for the Registrar, has given a judgment on
6 November 1997, in which it:
                                                                         established in Porto Viro, Italy, represented by Giulio
                                                                         Schiller, Giuseppe Carraro and Francesca Mazzonetto, of
1 . dismisses the action;                                                the Padua Bar, and by Guy Arendt, of the Luxembourg
                                                                         Bar, with an address for service in Luxembourg at the
1.   orders the Commission to bear its own costs and to                  latter's Chambers, 62 Avenue Guillaume, v. Commission
     pay one third of the applicant's costs.                             of the European Communities ( Agents : Eugenio de March
                                                                         and Hubertus Van Vliet ) — application, first, for
(') OJ C 233 , 10 . 8 . 1996 .
                                                                         annulment of the decision by the Commission to reduce
                                                                         Community financial aid originally granted and, secondly,
                                                                         for compensation for the damage suffered by the applicant
                                                                         as a result of that reduction — the Court of First Instance
                                                                         ( Third Chamber ), composed of: B. Vesterdorf, President,
                                                                         C. P. Briët and A. Potocki, Judges; J. Palacio Gonzalez,
  JUDGMENT OF THE COURT OF FIRST INSTANCE                                Administrator, for the Registrar, has given a judgment on
                        of 6 November 1997
                                                                         7 November 1997, in which it :
in Case T-101 /96 : Maria Elisabeth Wolf v. Commission of
                  the European Communities (')                           1 . dismisses the action ;
(Officials — Open competition — Non-admission to the
            tests — Professional experience required)                    2 . orders the applicant to pay the costs.
                            ( 97/C 387/34 )
                                                                         (') OJ C 77, 16 . 3 . 1996 .
                  (Language of the case: French)
In Case T-101 /96 : Maria Elisabeth Wolf, a member of the
auxiliary staff of the Commission of the European
Communities, represented by Jean-Noel Louis, Thierry
Demaseure and Ariane Tornel , of the Brussels Bar, with an
address for service in Luxembourg at the offices of                        JUDGMENT OF THE COURT OF FIRST INSTANCE
Fiduciaire Myson SARL, 30 Rue de Cessange , v.                                                  of 7 November 1997
Commission of the European Communities ( Agents : Julian
Currall and Bertrand Wägenbaur ) — application for                       in Case T-84/96: Cipeke — Comercio e Industria de Papel
annulment of the decision of the selection board in                          Lda v. Commission of the European Communities (')
competition COM/A/955 not to admit the applicant to
that competition, and for compensation for the non-                      (European Social Fund — Decision to reduce financial
material damage suffered by her as a result of that                          assistance — Duty to provide a statement of reasons)
decision — the Court of First Instance ( Second Chamber ),                                            ( 97/C 387/36 )
composed of: C. W. Bellamy, President, and A.
Kalogeropoulos and M. Jaeger, Judges; A. Mair,
Administrator, for the Registrar, has given a judgment on                              (Language of the case: Portuguese)
6 November 1997, in which it:
1.   dismisses the action ;                                              In Case T-84/96 : Cipeke — Comercio e Industria de Papel
                                                                         Lda , established in Lisbon, represented by Miguel Ferrão
2 . orders the parties to bear their own costs.                          Castelo Branco, then by João Caniço Gomes, both of the
                                                                         Lisbon Bar, with an address for service in Luxembourg at
(") OJ C 233 , 10 . 8 . 1996 .                                           the Chambers of Francois Brouxel , 6 Rue Zithe , v.
                                                                         Commission of the European Communities ( Agent: Maria
                                                                         Teresa Figueira and Knut Simonsson ) — application for
 ---pagebreak---  C 387/20                EN                 Official Journal of the European Communities                                    20 . 12 . 97
 annulment of Commission Decision PT-C(95)543 of                            ORDER OF THE COURT OF FIRST INSTANCE
 12 December 1995 reducing financial assistance — the                                          of 30 September 1997
 Court of First Instance (Third Chamber ), composed of: B.
Vesterdorf, President, C. P. Briët and A. Potocki, Judges;             in Case T-122/96 : Federazione Nazionale del Commercio
 B. Pastor, Principal Administrator, for the Registrar, has            Oleario ( Federolio ) v. Commission of the European
given a judgment on 7 November 1997, in which it:                                                  Communities (')
                                                                        (Agriculture — Common organization of the markets —
 1 . dismisses the action;                                             Olive oil — Consumption aid — Regulation (EC)
                                                                       No 887/96 — Action for annulment — Association of
                                                                                            traders — Inadmissibility)
2 . orders the applicant to pay the costs, including the                                             ( 97/C 387/38 )
     costs of the proceedings on the application for interim
     measures .
                                                                                         (Language of the case: Italian)
(<) OJ C 233 , 10 . 8 . 1996 .
                                                                       In Case T-122/96 : Federazione Nazionale del Commercio
                                                                       Oleario ( Federolio ), established in Rome, represented by
                                                                       Livia Magrone Furlotti, of the Rome Bar, with an address
                                                                       for service in Luxembourg at the Chambers of Marc
                                                                       Loesch, 1 1 Rue Goethe, v. Commission of the European
                                                                       Communities ( Agents : Eugenio de March and Paolo
     ORDER OF THE COURT OF FIRST INSTANCE                              Ziotti ) — application for partial annulment of
                       of 30 September 1997                            Commission Regulation ( EC ) No 887/96 of 15 May 1996,
                                                                       amending Regulation ( EEC) No 2677/85 laying down
in Case T-151/95 : Instituto Europeu de Formação                       implementing rules in respect of the system of
Profissional Lda ( INEF ) v. Commission of the European                consumption aid for olive oil ( OJ L 119 , 16 . 5 . 1996 , p. 16
                          Communities (')                              and OJ L 254, 25 . 9 . 1985 , p. 5 , respectively ) — the
                                                                       Court of First Instance ( Fifth Chamber ), composed of: R.
(European Social Fund — Reduction of financial                         García-Valdecasas, President, J. Azizi and M. Jaeger,
assistance — Actions for annulment of measures — Time­
                                                                      Judges; H. Jung, Registrar, made an order on 30 September
                     limits — Inadmissibility)                         1997, the operative part of which is as follows:
                           ( 97/ C 387/37 )
                                                                       1 . the application is dismissed as inadmissible;
              (Language of the case: Portuguese)
                                                                      2 . the applicant is ordered to pay the costs.
In Case T-151/95 : Instituto Europeu de Formação
                                                                       (') OJ C 370 , 7 . 12 . 1996 .
Profissional Lda ( INEF ), established at Oporto ( Portugal ),
represented by Bolota Belchior, of the Vila Nova de Gaia
Bar, with an address for service in Luxembourg at the
Chambers of Jacques Schroeder, 6 Rue Heinrich Heine, v.
Commission of the European Communities ( Agents:
initially, Ana Maria Alves Vieira and Günter Wilms and,
subsequently, Maria Teresa Figueira and Knut Simonsson )              Action brought on 2 October 1997 by Associazione
— application for annulment of the Commission 's                      G.A.L. Penisola Sorrentina against Commission of the
decision of 2 December 1991 reducing the aid granted by                                       European Communities
the European Social Fund in case 991005 PI in favour of
a vocational training programme operated in Portugal by                                           ( Case T-263/97 )
the applicant — the Court of First Instance ( Second                                                ( 97/C 387/39 )
Chamber), composed of: C. W. Bellamy, President; A.
Kalogeropoulos and M. Jaeger, Judges; H. Jung, Registrar,
made an order on 30 September 1997, the operative part                                   (Language of the case: Italian)
of which is as follows :
                                                                      An action against the Commission of the European
                                                                       Communities was brought before the Court of Justice of
1 . the application is dismissed;                                      the European Communities on 2 October 1997 by
                                                                       Associazione G.A.L. Penisola Sorrentina, represented by
2 . the applicant is ordered to pay the costs.
                                                                       Gian Luca Lemmo and Vincenzo Mormile , of the Naples
                                                                       Bar, with an address for service in Naples at 31 Via del
                                                                       Parco Marguerita .
(') OJ C 268 , 14 . 10 . 1995 .
                                                                       The applicant claims that the Court should annul
                                                                       Commission Decision C(97) 1261 of 15 May 1997.