CELEX: C1996/145/22
Language: en
Date: 1996-05-18 00:00:00
Title: Action brought on 15 March 1996 by Société Guérin Automobiles against the Commission of the European Communities (Case T-38/96)

No C 145/ 12           EN                   Official Journal of the European Communities                                   18 . 5 . 96
Action brought on 15 March 1996 by Société Guérin                      Instance of the European Communities on 15 March 1996
Automobiles against the Commission of the European                     by Service pour le Groupement d'Acquisitions ( SGA ),
                             Communities                               established at Istres ( France ), represented by Jean Claude
                          ( Case T-38/96 )                             Fourgoux, of the Paris Bar, with an address for service in
                                                                       Luxembourg at the Chambers of Pierrot Schiltz, 4 , rue
                            ( 96/C 145/22 )                            Béatrix de Bourbon .
                  (Language of the case: French)
                                                                       The applicant claims that the Court should :
An action against the Commission of the European
Communities was brought before the Court of First                      — declare that the Commission has failed to take steps in
Instance of the European Communities on 15 March 1996                      the matter since 6 November 1995 and, in so far as the
by Société Guérin Automobiles, established at Alençon                       Court interprets the silence of the Commission in
 ( France ), represented by Jean Claude Fourgoux, of the Paris              response to the request for interim measures as
Bar, with an address for service in Luxembourg at the                      tantamount to a refusal, annul that decision,
Chambers of Pierrot Schiltz, 4 , rue Béatrix de Bourbon .
The applicant claims that the Court should :                           — award SGA in any event the sum of ECU 150 000 as
                                                                           damages in addition to those applied for,
— declare that the Commission has wrongfully failed to
     act ,                                                            — order the Commission to pay the costs.
— declare         that   the      Commission     has    incurred
     non-contractual liability towards Guérin Automobiles,             Pleas in law and main arguments
     and order it to pay the applicant compensation for the
     damage, assessed at FF 1 660 912, equivalent to ECU              The applicant, an undertaking carrying on business as an
     237 273 ,                                                         intermediary in the distribution of all makes of motor
                                                                       vehicle, contests the Commission's refusal to act on the
— order the Commission to pay the costs .
                                                                      complaint lodged by it against the pressure applied by PSA
Pleas in law and main arguments                                        on Peugeot and Citroën concessionaires situated in other
                                                                      Member States in order to prevent supplies from reaching
The applicant company, which has already brought an                   agents and to partition the market.
action for a declaration that the Commission unlawfully
refrained from taking a decision in response to its complaint         The pleas in law and main arguments are the same as those
concerning the imposition by Nissan France of a dealership             in Case T- 1 89/95 SGA v . Commission .
scheme incompatible with Commission Regulation ( EEC )
No 123/85 ('), has now brought fresh proceedings for a
declaration of failure to act, which also concern the
non-adoption by the Commission of a position on the
complaint, but which are based this time on a second formal
notice sent to the Commission on 2 January 1996 in
consequence of the objection of inadmissibility on the
ground of lateness raised by the Commission in the first              Action brought on 21 March 1996 by Armel de Kerros
action . As regards the application in respect of liability, in          against the Commission of the European Communities
which the applicant seeks compensation for the damage                                          Case T-40/96 )
caused by the Commission's conduct, the applicant merely                                       ( 96/C 145/24 )
claims once again the compensation applied for in the first
action, adding the amount of interest which has accrued to
date since the initiation of that action .                                           (Language of tbe case: French)
(M Case T-195/95 , OJ 1995 C 333 , p . 21 .
                                                                      An action against the Commission of the European
                                                                      Communities was brought before the Court of First
                                                                      Instance of the European Communities on 21 March 1996
                                                                      by Armel de Kerros, residing in Grez-Doiceau ( Belgium ),
Action brought on 15 March 1996 by Service pour le                    represented by Jean-Noël Louis, Thierry Demaseure and
Groupement d'Acquisitions ( SGA) against the Commission               Ariane Tornel, of the Brussels Bar, with an address for
                 of the European Communities                          service in Luxembourg at the offices of Fiduciaire Myson
                                                                      SARL, 1 , rue Glesener.
                         ( Case T-39/96 )
                           ( 96/C 145/23 )
                                                                      The applicant claims that the Court should :
                 (Language of the case: French)
                                                                      — annul the decision of the Selection Board in competition
An action against the Commission of the European                           COM/T/B/96 not to admit the applicant to the tests in
Communities was brought before the Court of First                          the competition,