CELEX: C2001/108/07
Language: en
Date: 2001-04-07 00:00:00
Title: Case C-25/01 P: Appeal brought on 19 January 2001 by Compagnie Continentale (France) against the judgment delivered on 8 November 2000 by the Second Chamber of the Court of First Instance of the European Communities in Cases T-494/93 and T-61/98 between Compagnie Continentale (France) and the Commission of the European Communities

7.4.2001               EN                    Official Journal of the European Communities                                          C 108/5
      —      the Court of First Instance displayed an incorrect         —     refer the application for damages back to the Court of
             conception of the law by incorrectly weighing the                First Instance in order for the case to be argued and for
             evidence adduced with regard to free competition.                that application to be allowed;
             The Court of First Instance should have found that
             the Commission had obtained evidence of 7 written          —     order the Commission to pay the costs of the present
             offers and that 5 of those 7 offers led to the                   action and all the costs incurred by the appellant.
             conclusion of separate contracts.
—     Infringement of Article 68(1) of the Rules of Procedure           Pleas in law and main arguments
      of the Court of First Instance, on account of the failure
      by that Court to take evidence of its own motion from             The pleas in law and main arguments are similar to those in
      witnesses.                                                        Case C-24/01 P (1).
—     The Court of First Instance should have awarded the
                                                                        (1) See p. 4 of this Official Journal.
      damages applied for, and the case should therefore be
      referred back to the Court of First Instance for further
      consideration; alternatively, the Court of Justice should
      itself award those damages to the appellant.
(1) OJ 1991 L 362, p. 89.
(2) OJ 1992 L 191, p. 22.                                               Action brought on 24 January 2001 by the Commission of
                                                                        the European Communities against the United Kingdom
                                                                                                    (Case C-30/01)
                                                                                                   (2001/C 108/08)
                                                                        An action against the United Kingdom was brought before the
Appeal brought on 19 January 2001 by Compagnie                          Court of Justice of the European Communities on 24 January
Continentale (France) against the judgment delivered on                 2001 by the Commission of the European Communities,
8 November 2000 by the Second Chamber of the Court                      represented by Mr R. Wainwright, acting as Agent, with an
of First Instance of the European Communities in Cases                  address for service in Luxembourg.
T-494/93 and T-61/98 between Compagnie Continentale
(France) and the Commission of the European Communi-                    The Applicant claims that the Court should:
                                ties
                                                                        —     declare that, by failing in respect of Gibraltar to adopt the
                        (Case C-25/01 P)                                      laws, regulations or administrative provisions necessary
                                                                              to comply with Council Directive 67/548/EEC of 27 June
                                                                              1967 on the approximation of laws, regulations and
                         (2001/C 108/07)                                      administrative provisions in relation to the classification,
                                                                              packaging and labelling of dangerous substances (1) as
                                                                              amended by Directive 88/302/EEC (2), Directive
An appeal against the judgment delivered on 8 November                        91/410/EEC (3), Directive 92/32/EEC (4), Directive 92/69/
2000 by the Second Chamber of the Court of First Instance of                  EEC (5), Directive 93/21/EEC (6), Directive 93/67/EEC (7)
the European Communities in Joined Cases T-485/93,                            Directive 93/72/EEC (8), Directive 93/101/EC (9), Directive
T-491/93, T-494/93 and T-61/98 between L. Dreyfus & Cie                       93/105/EC (10), Directive 94/69/EC (11), Directive 96/54/
S.A., Glencore Grain Ltd, Compagnie Continentale (France)                     EC (12) and Directive 97/69/EC (13), Council Directive
and the Commission of the European Communities was                            87/18/EEC of 18 December 1986 on the harmonisation
brought before the Court of Justice of the European Communi-                  of the laws, regulations and administrative practice
ties on 19 January 2001 by Compagnie Continentale (France),                   relating to the application of good laboratory practice
represented by P.V.F. Bos and P. Chabrier, with an address for                and verification of their application for tests on chemical
service in Luxembourg at the Chambers of M. Loesch, 4 Rue                     substances (14), Council Directive 93/12/EEC of 23 March
Carlo Hammer.                                                                 1993 relating to the sulphur content of certain liquid
                                                                              fuels (15) as amended by Directive 98/70/EC (16), Council
The appellant claims that the Court should:                                   Directive 79/113/EEC of 19 December 1978 on the
                                                                              approximation of the laws in the Member States relating
                                                                              to the determination of the noise emission of construction
—     set aside the judgment of the Court of First Instance of                plant and equipment (17) as amended by Directive
      8 November 2000;                                                        81/1051/EEC (18) and Directive 85/405/EEC(19), Council
                                                                              Directive 84/533/EEC of 17 September 1984 on the
—     annul the Commission’s decision of 1 April 1993;                        approximation of the laws in the Member States relating