CELEX: C1997/357/50
Language: en
Date: 1997-11-22 00:00:00
Title: ORDER OF THE COURT OF FIRST INSTANCE of 18 July 1997 in Case T-44/96: Oleifici Italiani SpA 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 for annulment of the Commission's refusal to grant compensation - Action to establish non-contractual liability - Contractual origin of the Commission's obligation on which the action to establish liability 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 357/26                 EN                 Official Journal of the European Communities                                 22 . 11 . 97
        Removal from the register of Case C-362/96 (')                         Removal from the register of Case C-57/97 (')
                            ( 97/C 357/47)                                                           ( 97/C 357/48 )
By order of 24 September 1997, the President of the Court
of Justice of the European Communities has ordered the
removal from the register of Case C-362/96 : Commission                By order of 24 September 1997, the President of the Court
of the European Communities v. Grand Duchy of                          of Justice of the European Communities has ordered the
Luxembourg.                                                            removal from the register of Case C-57/97: Commission of
                                                                       the European Communities v. French Republic.
(») OJ C 9 , 11 . 1 . 1997.
                                                                       (') OJ C 108 , 5 . 4 . 1997.
                                                      COURT OF FIRST INSTANCE
  JUDGMENT OF THE COURT OF FIRST INSTANCE                              3.   orders the Commission to bear its own costs.
                        of 25 September 1997
                                                                       (■) OJ C 76 , 12 . 3 . 1994 .
in Case T-170/94: Shanghai Bicycle Corporation ( Group )
             v. Council of the European Union (')
(Dumping — State-trading country — Like product —
Individual treatment — Calculation of the dumping
                                margin)
                            ( 97/C 357/49 )
                                                                            ORDER OF THE COURT OF FIRST INSTANCE
                                                                                                  of 18 July 1997
                  (Language of the case: English)
                                                                       in Case T-44/96: Oleifici Italiani SpA v. Commission of
                                                                                         the European Communities (')
In Case T-170/94: Shanghai Bicycle Corporation ( Group ),
established in Shanghai (People's Republic of China ),                 (Tendering procedure for the free supply of olive oil to the
represented by Izzet M. Sinan, Barrister, with an address              people of Georgia and Armenia — Damage alleged by the
for service in Luxembourg at the Chambers of Arendt and                successful tenderer as a result of a delay in the collection
Medernach, 8—10 Rue Mathias Hardt, against Council of                  of the olive oil by the carrier designated by the
the European Union ( Agents: Bjarne Hoff-Nielsen, Jorge                Commission — Action for annulment of the Commission 's
Monteiro, Hans-Jürgen Rabe and Georg M. Berrisch ),                    refusal to grant compensation — Action to establish non-
supported by Commission of the European Communities                    contractual liability — Contractual origin of the
( Agents : Eric White and Nicolas Khan ) and The European              Commission 's obligation on which the action to establish
Bicycle Manufacturers' Association ( EBMA ), established               liability is based — Absence of any arbitration clause
in Paris, represented by Jacques H. J. Bourgeois, of the               within the meaning of Article 181 of the EC Treaty —
Brussels Bar, with an address for service in Luxembourg at             Clear lack of jurisdiction on the part of the Court of First
the Chambers of Marc Loesch, 11 Rue Goethe —                                                            Instance)
application for annulment of Council Regulation ( EEC )                                              ( 97/C 357/50 )
No 2474/93 of 8 September 1993 imposing a definitive
anti-dumping duty on imports into the Community of
bicycles originating in the People's Republic of China and                               (Language of the case: Italian)
collecting definitively the provisional anti-dumping duty
( OJ L 228 , 9 . 9 . 1993 , p. 1 ) — the Court of First Instance
( Fifth Chamber, Extended Composition ), composed of: R.
                                                                       In Case T-44/96, Oleifici Italiani SpA, established at
García-Valdecasas, President, V. Tiili , J. Azizi, R. M.
                                                                       Ostuni, Italy, represented by Antonio Tizzano and Gian
Moura Ramos and M. Jaeger, Judges; A. Mair,
                                                                       Michele Roberti, both of the " Naples Bar, 36 Place du
Administrator, for the Registrar, has given a judgment on
                                                                       Grand Sablon, Brussels, against Commission of the
25 September 1997, in which it:                                        European Communities ( Agents: Eugenio de March and
                                                                       Alberto Dal Farro ) — application under Articles 178 and
1 . dismisses the application;                                         173 of the EC Treaty for compensation for the damage
                                                                       alleged to have been suffered by the applicant as a result
                                                                       of the delay in collection by the carrier designated by the
2 . orders the applicant to bear its own costs and to pay              Commission of the olive oil made available by the
      those of the defendant and the intervener EBMA;                  applicant under a tendering procedure for the free supply
 ---pagebreak--- 22 . 11 . 97          EN 1               Official Journal of the European Communities                                    C 357/27
thereof to the peoples of Georgia and Armenia and                   3 . The parties are ordered to bear their own costs.
for annulment of the Commission's refusal to grant
compensation — the Court of First Instance (Third                   (') OJ C 54, 22 . 2 . 1997.
Chamber), composed of B. Vesterdorf, President, C. P.
Briet and A. Potocki, Judges; H. Jung, Registrar, made an
order on 18 July 1997, the operative part of which is as
follows :
1 . The application is dismissed as clearly inadmissibile.               ORDER OF THE COURT OF FIRST INSTANCE
                                                                                            of 17 September 1997
2. The applicant shall bear the costs.                              in Case T-26/97: Antillean Rice Mills NV v. Commission
                                                                                   of the European Communities (')
H OJ C 180, 22 . 6 . 1996 .                                         (Action for annulment — Retroactive repeal of the
                                                                            contested measure — No need to adjudicate)
                                                                                                 ( 97/C 357/52 )
                                                                                      (Language of the case: Dutch)
      ORDER OF THE COURT OF FIRST INSTANCE
                                                                    In Case T-26/97, Antillean Rice Mills NV, established
                      of 3 October 1997                             in Bonaire, Netherlands Antilles, represented by W.
                                                                    Knibbeler, of the Amsterdam Bar, and K. J. Defares, of the
in Case T-184/96 : Eric Banda v. Commission of the
                                                                    Rotterdam Bar, with an address for service in Luxembourg
                   European Communities (')                         at the Chambers of M. Loesch, 11 Rue Goethe, against
     (Case not proceeding to judgment — Inadmissibility)            Commission of the European Communities ( Agent: T. van
                                                                    Rijn ) — application for annulment of Commission
                         ( 97/C 357/51 )                            Regulation ( EC ) No 21 /97 of 8 January 1997 introducing
                                                                    safeguard measures in respect of imports of rice
                 (Language of the case: French)                     originating in the overseas countries and territories ( OJ
                                                                    L 5, 9 . 1 . 1997, p. 24 ) — the Court of First Instance
                                                                    ( Fourth Chamber ), composed of K. Lenaerts, President,P.
In Case T-184/96: Eric Banda, a member of the local staff           Lindh and J. D. Cooke, Judges; H. Jung, Registrar, made
of the Commission of the European Communities,                      an order on 17 September 1997, the operative part of
represented by Marc-Albert Lucas, of the Liege Bar, with            which is as follows :
an address for service in Luxembourg at the Chambers of
Evelyne Korn, 21 Rue de Nassau, v. Commission of the                 1 . There is no need to adjudicate on the application.
European Communities (Agents: Florence Clotuche and
Christine Berardis-Kayser) — application, primarily, for
annulment of the Commission's decision by which it                  2 . The parties shall each bear their own costs, including
decided to invalidate the regional elections held amongst                those relating to the application for interim measures.
the local staff serving within Geographical Region No 11
 between 5 and 20 December 1994 and to reorganize the               (') OJ C 108 , 5 . 4 . 1997.
same and, in the alternative, for annulment of the
 Commission rules of 8 March 1990 entitled 'Transitional
Arrangements for the Representation of Staff Serving
 Outside the Community' and annulment of the regional
elections held amongst the local staff serving in
 Geographical Region No 11 between 4 and 15 November                     ORDER OF THE COURT OF FIRST INSTANCE
 1996 — the Court of First Instance ( Second Chamber),                                      of 29 September 1997
composed of A. Kalogeropoulos, President, and C. P. Briet
 and C. W. Bellamy, Judges; H. Jung, Registrar, made an             in Case T-83/97: Société Anonyme de Traverses en Béton
 order on 3 October 1997, the operative part of which is                   Armé ( Sateba) v. Commission of the European
 as follows :                                                                                  Communities (M
                                                                     (Public procurement — Complaint — Proceedings for a
 1 . There is no need to give a decision on the application          declaration of failure to fulfil obligations — Decision not
      made by the applicant, as a candidate therein, for             to proceed — Application for annulment —
      annulment of the Commission 's decision invalidating                                      Inadmissibility)
      the elections held between 5 and 20 December 1994                                           ( 97/C 357/53 )
      amongst the local staff serving in Geographical Region
      No 1 1 and ordering the same to be reorganized.                                 (Language of the case: French)
 2 . The remainder of the application is dismissed as                In Case T-83/97: Société Anonyme de Traverses en Béton
      inadmissible.                                                  Armé ( Sateba ), established in Paris, represented by Jacques