CELEX: C1999/071/49
Language: en
Date: 1999-03-13 00:00:00
Title: ORDER OF THE COURT OF FIRST INSTANCE (Third Chamber) of 16 November 1998 in Joined Cases T-163/97 and T-179/97: Netherlands Antilles v Council of the European Union and Commission of the European Communities (Disjoinder - Stay of proceedings - Disclaimer of jurisdiction)

13.3.1999             EN                  Official Journal of the European Communities                                  C 71/25
marketing milk by virtue of Council Regulation (EEC)                      ORDER OF THE COURT OF FIRST INSTANCE
No 857/84 of 31 March 1984 adopting general rules for                                     of 3 December 1998
the application of the levy referred to in Article 5c of
Regulation (EEC) No 804/68 in the milk and milk                      in Case T-230/94 (92): Frederick Farrugia v Commission
products sector (OJ L 90, 1.4.1984, p. 13), as                                     of the European Communities (1)
supplemented       by Commission         Regulation (EEC)                                  (Taxation of costs)
No 1371/84 of 16 May 1984 (OJ L 132, 18.5.1984, p. 11)
Ð the Court of First Instance (Fourth Chamber, Extended                                      (1999/C 71/48)
Composition), composed of R. M. Moura Ramos,
President of the Chamber, R. García-Valdecasas, V. Tiili, P.                        (Language of the case: English)
Lindh and P. Mengozzi, Judges; H. Jung, Registrar, made
an order on 15 December 1998, the operative part of
which is as follows:                                                 In Case T-230/94 (92): Frederick Farrugia, resident in
                                                                     Athens, represented by Linos Sissilianos, of the Athens
                                                                     Bar, v Commission of the European Communities (Agent:
1. There is no need to adjudicate on the application.                Ana Maria Alves Vieira) Ð application for taxation of
                                                                     costs following the judgment of the Court of First Instance
                                                                     of 21 March 1996 in Case T-230/94 Farrugia v
2. The defendants are to pay the costs.                              Commission [1996] ECR II-195 Ð the Court of First
                                                                     Instance (Second Chamber), composed of A. Potocki,
(1) OJ C 165, 2.7.1992.                                              President, C. W. Bellamy and A. W. H. Meij, Judges; H.
                                                                     Jung, Registrar, made an order on 3 December 1998, the
                                                                     operative part of which is as follows:
                                                                     The total amount of costs to be paid by the Commission
                                                                     to the applicant is fixed at GRD 1 200 000.
     ORDER OF THE COURT OF FIRST INSTANCE
                                                                     (1) OJ C 101, 22.4.1995.
                     of 4 December 1998
in Case T-448/93 (92): British Cement Association and
   Others v Commission of the European Communities (1)
                      (Taxation of costs)
                        (1999/C 71/47)
                                                                          ORDER OF THE COURT OF FIRST INSTANCE
                                                                                            (Third Chamber)
               (Language of the case: English)
                                                                                         of 16 November 1998
                                                                     in Joined Cases T-163/97 and T-179/97: Netherlands
In Case T-448/93 (92): British Cement Association,
                                                                     Antilles v Council of the European Union and
established at Wexham Springs (United Kingdom), Blue
                                                                            Commission of the European Communities (1)
Circle Industries Plc, established in London, Castle
Cement Ltd, established at Peterborough (United                      (Disjoinder Ð Stay of proceedings Ð Disclaimer of
Kingdom), and Rugby Group Plc, established at Rugby                                            jurisdiction)
(United Kingdom), represented by David Lyon, of the Bar
                                                                                             (1999/C 71/49)
of England and Wales, v Commission of the European
Communities (Agent: Eric White) Ð application for
taxation of costs pursuant to the judgment of the Court of                           (Language of the case: Dutch)
First Instance of 6 July 1995 in Joined Cases T-447/93,
T-448/93 and T-449/93 AITEC and Others v Commission
                                                                     In Joined Cases T-163/97: Netherlands Antilles,
[1995] ECR II-1971 Ð the Court of First Instance (First
                                                                     represented by Marco Marinus Slotboom and Pierre
Chamber, Extended Composition), composed of B.
                                                                     Vincent FrancËois Bos, of the Rotterdam Bar, with an
Vesterdorf, President, C. W. Bellamy, J. Pirrung, A. Meij
                                                                     address for service in Luxembourg at the Chambers of
and M. Vilaras, Judges; H. Jung, Registrar, made an order
                                                                     Marc Loesch, 11 Rue Goethe, against Council of the
on 4 December 1998, the operative part of which is as
                                                                     European Union (Agents: Ramon Torrent, Jürgen Huber
follows:
                                                                     and Guus Houttuin) and Commission of the European
                                                                     Communities (Agent: Thomas van Rijn), supported by
The total amount of the costs recoverable by the                     Kingdom of Spain (Agent: Luis PeÂrez de Ayala Becerril)
applicants in Case T-448/93 is fixed in the sum of GBP               and Italian Republic (Agents: Umberto Leanza and
90 000.                                                              Francesca Quadri); and T-179/97: Netherlands Antilles,
                                                                     represented by Marco Marinus Slotboom and Pierre
                                                                     Vincent FrancËois Bos, of the Rotterdam Bar, with an
(1) OJ C 121, 13.5.1992.
                                                                     address for service in Luxembourg at the Chambers of
                                                                     Marc Loesch, 11 Rue Goethe, against Council of the
                                                                     European Union (Agents: Ramon Torrent, Jürgen Huber
 ---pagebreak--- C 71/26                EN                 Official Journal of the European Communities                                  13.3.1999
and Guus Houttuin), supported by Kingdom of Spain                    Lucera (Italy), represented by Luigi Filippo Paolucci and
(Agent: Rosario Silva de Lapuerta) and Commission of the             Gian Piero Galletti, of the Bologna Bar, with an address
European Communities (Agent: Thomas van Rijn) Ð                      for service in Luxembourg at the Chambers of ArseÁne
application, in Case T-163/97, first, for annulment of               Kronshagen, 22 Rue Marie-Adelaïde, v Council of the
Commission Regulation (EC) No 764/97 of 23 April 1997                European Union (Agents: John Carbery and Antonio
introducing safeguard measures in respect of imports of              Tanca) Ð application for annulment of Article 2 of
rice originating in the overseas countries and territories           Council Regulation (EC) No 2613/97 of 15 December
(OJ L 112, 29.4.1997, p. 3) and, secondly, for an order              1997 authorising Portugal to grant aid to sugar beet
requiring the Community to pay compensation for the                  producers and abolishing all State aid from the 2001/2002
losses allegedly suffered by the applicant following the             marketing year (OJ L 353, 24.12.1997, p. 3) Ð the Court
adoption of the abovementioned regulation and of                     (Fourth Chamber, Extended Composition), composed
Council Regulation (EC) No 1036/97 of 2 June 1997                    of: R. M. Moura Ramos, President, and R. García-
introducing safeguard measures in respect of imports of              Valdecasas, V. Tiili, P. Lindh and P. Mengozzi, Judges; H.
rice originating in the overseas countries and territories           Jung, Registrar, has made an order on 8 December 1998,
(OCTs) (OJ L 151, 10.6.1997, p. 8) and, in Case                      the operative part of which is a follows:
T-179/97, for annulment of the latter regulation Ð the
Court of First Instance (Third Chamber), composed of M.
Jaeger, President of the Third Chamber, K. Lenaerts and J.           1. The application is dismissed as inadmissible;
Azizi, Judges; H. Jung, Registrar, made an order on
16 November 1998, the operative part of which is as
follows:                                                             2. The applicants are jointly and severally to pay the
                                                                          costs.
1. Cases T-163/97 Netherlands Antilles v Council and                 (1) OJ C 137, 2.5.1998.
     Commission and T-179/97 Netherlands Antilles v
     Council, are disjoined.
2. Proceedings in T-163/97 Netherlands Antilles v
     Council and Commission are stayed pending delivery
     of the judgment of the Court of Justice in Case
                                                                          ORDER OF THE COURT OF FIRST INSTANCE
     C-301/97 Netherlands v Council.
                                                                                          of 8 December 1998
3. Jurisdiction is declined in Case T-179/97 Netherlands             in Case T-39/98: Sadam Zuccherifici Divisione della SECI
     Antilles v Council, in order to enable the Court of                 SpA and Others v Council of the European Union (1)
     Justice to rule on the application for annulment.               (Regulation (EC) No 2613/97 Ð Provision abolishing
                                                                     national aid to sugar beet producers with effect from the
4. The costs are reserved.                                           marketing year 2001/2002 Ð Action for annulment Ð
                                                                                             Inadmissibility)
(1) OJ C 212, 12.7.1997 and OJ C 228, 26.7.1997.                                             (1999/C 71/51)
                                                                                     (Language of the case: Italian)
                                                                     In Case T-39/98: Sadam Zuccherifici Divisione della SECI
                                                                     SpA, established at Bologna (Italy), Sadam Castiglionese
     ORDER OF THE COURT OF FIRST INSTANCE
                                                                     SpA, established at Bologna, Sadam Abruzzo SpA,
                      of 8 December 1998                             established at Bologna, Zuccherificio del Molise SpA,
                                                                     established at Termoli (Italy) and SocietaÁ Fondiaria
in Case T-38/98: Associazione Nazionale Bieticoltori
                                                                     Industriale Romagnola SpA (SFIR), established at Cesena
   (ANB) and Others v Council of the European Union (1)
                                                                     (Italy), represented by Vincenzo Cerulli Irelli, of the Rome
(Regulation (EC) No 2613/97 Ð Provision abolishing                   Bar, and by Gualtiero Pittalis and Giancarlo Fanzini, of
national aid to sugar beet producers with effect from the            the Bologna Bar, with an address for service in
marketing year 2001/2002 Ð Action for annulment Ð                    Luxembourg at the Chambers of ArseÁne Kronshagen,
                         Inadmissibility)                            22 Rue Marie-Adelaïde, v Council of the European Union
                                                                     (Agents: John Carbery and Antonio Tanca) Ð application
                         (1999/C 71/50)                              for annulment of Article 2 of Council Regulation (EC)
                                                                     No 2613/97 of 15 December 1997 authorising Portugal to
                (Language of the case: Italian)                      grant aid to sugar beet producers and abolishing all State
                                                                     aid from the 2001/2002 marketing year (OJ L 353,
                                                                     24.12.1997, p. 3) Ð the Court (Fourth Chamber,
In Case T-38/98: Associazione Nazionale Bieticoltori                 Extended Composition), composed of: R. M. Moura
(ANB), established in Rome, Francesco Coccia, residing at            Ramos, President, and R. García-Valdecasas, V. Tiili,
Manfredonia (Italy), and Vincenzo Di Giovine, residing at            P. Lindh and P. Mengozzi, Judges; H. Jung, Registrar, has