CELEX: C1997/318/29
Language: en
Date: 1997-10-18 00:00:00
Title: ORDER OF THE COURT OF FIRST INSTANCE of 18 July 1997 in Case T-180/95: Nutria AE v. Commission of the European Communities (Tendering procedure for the free supply of olive oil to the people of Georgia and Armenia - Damage alleged by the successful tenderer as a result of a delay in the collection of the olive oil by the carrier designated by the Commission - Action to establish non-contractual liability - Contractual origin of the Commission's obligation on which the action is based - Absence of any arbitration clause within the meaning of Article 181 of the EC Treaty - Clear lack of jurisdiction on the part of the Court of First Instance)

C 318/ 14                 EN                  Official Journal of the European Communities                                   18 . 10 . 97
already reimbursed, at Lfrs 180 000, together with any                   of the Rotterdam Bar, with an address for service in
VAT due on that sum.                                                     Luxembourg at the Chambers of M. Loesch, 11 Rue
                                                                         Goethe, against Council of the European Union ( Agents:
(') OJ C 120, 30 . 4 . 1994 .                                            R. Torrent, J. Huber and G. Houttuin ), supported by
                                                                         Commission of the European Communities ( Agent: T. van
                                                                         Rijn ), Kingdom of Spain ( Agent: R. Silva de Lapuerta ),
                                                                         French Republic ( Agents: K. Rispal-Bellanger and, at the
                                                                         hearing of the parties, C. Chavance ) and Italian Republic
                                                                         (Agents: U. Leanza and F. Quadri ) — application for
                                                                         interim measures in the form of an order of the President
       ORDER OF THE COURT OF FIRST INSTANCE
                                                                         of the Court of First Instance enjoining the applicant and
                             of 11 July 1997                             defendant to negotiate a minimum price for imports into
in Case T-16/97: Bruno Chauvin v. Commission of the                      the Community of rice originating in the Netherlands
                       European Communities (')                          Antilles, to replace the tariff quotas introduced by Council
                                                                         Regulation ( EC ) No 1036/97 of 2 June 1997 introducing
(Officials — Judgment of the Court of First Instance —                   safeguard measures in respect of imports of rice
Application for reclassification in grade — Objection of                 originating in the overseas countries and territories ( OJ
      inadmissibility — Material new fact — Admissibility)               L 151 , 10 . 6 . 1997, p. 8 ), and to submit their conclusions
                                97/C 318/27 )                            to him within seven days — the President of the Court of
                                                                         First Instance made an order on 15 July 1997, the
                                                                         operative part of which is as follows:
                   (Language of the case: French)
In Case T-16/97: Bruno Chauvin, an official of the                       1 . The Kingdom of Spain, the French Republic, the
Commission of the European Communities, residing in                          Italian Republic and the Commission are granted leave
Brussels, represented by Nicolas Lhoëst, of the Brussels                     to intervene in support of the defendant in the
Bar, with an address for service in Luxembourg at the                        interlocutory proceedings.
office of Fiduciaire Myson sari, 30 Rue de Cessange, v.
Commission of the European Communities ( Agents :
Florence Clotuche and Christine Berardis-Kayser ) —                      2 . The application for interim measures is dismissed.
application for annulment of the Commission's decision of
18 June 1996 rejecting the applicant's request for a review
                                                                         3.   Costs are reserved.
of his classification in grade — the Court of First Instance
( First Chamber), composed of: B. Vesterdorf, President;
C. P. Briët and A. Potocki, Judges; H. Jung, Registrar,
made an order on 11 July 1997, the operative part of
which is as follows :
1 . The application is dismissed as inadmissible.                            ORDER OF THE COURT OF FIRST INSTANCE
                                                                                                 of 18 July 1997
2. The parties are ordered to bear their own costs.
                                                                         in Case T-180/95 : Nutria AE v. Commission of the
( ] ) OJ C 74, 8 . 3 . 1997.                                                                European Communities ( 1 )
                                                                         (Tendering procedure for the free supply of olive oil to the
                                                                         people of Georgia and Armenia — Damage alleged by the
                                                                         successful tenderer as a result of a delay in the collection
                                                                         of the olive oil by the carrier designated by the
                                                                         Commission       —   Action     to  establish non-contractual
                  ORDER OF THE PRESIDENT                                 liability — Contractual origin of the Commission 's
           OF THE COURT OF FIRST INSTANCE                                obligation on which the action is based — Absence of any
                             of 15 July 1997                             arbitration clause within the meaning of Article 181 of the
                                                                         EC Treaty — Clear lack of jurisdiction on the part of the
in Case T-l 79/97 R: Government of the Netherlands
                                                                                             Court of First Instance)
           Antilles v. Council of the European Union
                                                                                                  ( 97/C 318/29 )
(Association of the overseas countries and territories —
Safeguard measure — Interlocutory proceedings —
     Application for interim measures — Urgency — None)                                   (Language of the case: Greek)
                              ( 97/C 318/28 )
                                                                         In Case T-180/95 , Nutria AE, established in Athens,
                   (Language of the case: Dutch)                         represented by Konstantinos Adamantopoulos, of the
                                                                         Athens Bar, with an address for service in Luxembourg at
In Case. T-179/97 R, Government of the Netherlands                       the Chambers of Arsène Kronshagen, 12 Boulevard de la
Antilles, represented by P. V. F. Bos and M. M. Slotboom,                Foire, against Commission of the European Communities
 ---pagebreak--- 18 . 10 . 97             EN                 Official Journal of the European Communities                                  C 318/15
(Agents: Dimitrios Gouloussis and Blanca Vila Costa ) —                      ORDER OF THE COURT OF FIRST INSTANCE
application pursuant to Article 178 of the EC Treaty for                                          of 23 July 1997
compensation for the damage alleged to have been
suffered by the applicant as a result of the delay in                  in Case T-85/96: Francis Alan Clarke v. European Centre
collection by the carrier designated by the Commission of                for the Development of Vocational Training ( Cedefop ) (')
the olive oil made available by the applicant under a                                 (Case not proceeding to judgment)
tendering procedure for the free supply thereof to the
people of Georgia and Armenia — the Court of First                                                  ( 97IC 318/31 )
Instance ( Third Chamber), composed of B. Vesterdorf,
President, C. P. Briet and A. Potocki, Judges; H. Jung,                                (Language of the case: German)
Registrar, made an order on 18 July 1997, the operative
part of which is as follows:
                                                                       In Case T-85/96: Francis Alan Clarke, an official of the
                                                                       European Centre for the Development of Vocational
 1 . The application is dismissed as clearly inadmissible.             Training ( Cedefop ), resident at Eischen ( Luxembourg),
                                                                       represented by Frank Montag, of the Cologne and Brussels
2 . The applicant shall hear the costs.                                Bars, with an address for service in Luxembourg at the
                                                                       Chambers of Aloyse May, 31 Grand-Rue, against the
                                                                       European Centre for the Development of Vocational
(') OJ C 333 , 9 . 12 . 1995 .
                                                                       Training ( Cedefop ) ( Agent: Bertrand Wagenbaur) —
                                                                       application for the annulment of 1 . the decision of 5 April
                                                                        1996, as amended by the decision of 22 April 1996 and
                                                                       2 . the decision of 21 May 1996, whereby the defendant
                                                                       rejected an application for the extension of the applicant's
                                                                       secondment to the Statistical Office of the European
     ORDER OF THE COURT OF FIRST INSTANCE                              Communities in Luxembourg and ordered his posting to
                                                                       Thessaloniki — the Court of First Instance             ( Fifth
                           of 23 July 1997
                                                                       Chamber), composed of R. Garcia-Valdecasas, President,
       in Case T-24/96: U v. European Centre for the                   J. Azizi and M. Jaeger, Judges; H. Jung, Registrar, made
      Development of Vocational Training ( Cedefop ) (')               an order on 23 July 1997, the operative part of which is
                                                                       as follows :
              (Case not proceeding to judgment)
                            ( 97/C 318/30 )
                                                                       1 . There is no need for the action to proceed to
                                                                            judgment.
                (Language of the case: German)
                                                                       2. The applicant is ordered to bear his own costs and
In Case T-24/96 : U, an official of the European Centre for                 those incurred by the defendant in the interlocutory
the Development of Vocational Training ( Cedefop ),                         proceedings and these proceedings.
residing in Berlin, represented by Frank Montag,
Rechtsanwalt, Cologne and Brussels, with an address for                (') OJ C 233 , 10 . 8 . 1996 .
service in Luxembourg at the Chambers of Aloyse May,
31 Grand-Rue, v. European Centre for the Development
of Vocational Training ( Cedefop) ( Agent: Bertrand
Wagenbaur) — application for annulment of Cedefop's
decision of 8 February 1996 rejecting a request for an
extension of the applicant's secondment to the office of
the Commission of the European Communities in Berlin                        ORDER OF THE COURT OF FIRST INSTANCE
and ordering his posting to Thessaloniki — the Court of                                           of 24 July 1997
First Instance ( Fifth Chamber ), composed of: R. Garcfa­
Valdecasas, President; J. Azizi and M. Jaeger, Judges;                 in Case T-573/93 ( 129): Manuel Francisco Caballero
H. Jung, Registrar, made an order on 23 July 1997, the                 Montoya v. Commission of the European Communities (')
operative part of which is as follows :                                                 (Judgments — Interpretation)
                                                                                                   ( 97IC 318/32 )
I. There is no need to give a decision on the application.
                                                                                       (Language of the case: Spanish)
2 . The applicant is ordered to bear his own costs and to
     pay the costs incurred by the defendant in the
     proceedings for the interim relief and in the present             In Case T-573/93 ( 129 ): Manuel Francisco Caballero
     proceedings.                                                      Montoya, an official of the Commission of the European
                                                                       Communities, represented by Juan Ramon Iturriagagoitia
                                                                       Bassas, of the Madrid Bar, against Commission of the
H OJ C 133 , 4 . 5 . 1996 .
                                                                       European Communities ( Agents: Ana Maria Alves Vieira
                                                                       and Maria Isabel Jimenez Rojas ) — application for
                                                                       interpretation of the judgment of the Court of First