CELEX: C1995/286/27
Language: en
Date: 1995-10-28 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 15 September 1995 in Joined Cases T-458/93 and T-523/93 Empresa Nacional de Urânio SA (ENU) v. Commission of the European Communities (EAEC - Actions for annulment of measures - Supply - Right of option and exclusive right of the Euratom Supply Agency to conclude contracts for the supply of ores, source materials and special fissile materials - Balancing of supply and demand - Infringement of the rules of the Treaty - Community preference - None - Commission instruction to the Supply Agency - Principles of good faith and legitimate expectations - Non-contractual liability)

28 . 10. 95           I EN I               Official Journal of the European Communities                                No C 286/ 11
of Article 2 1 5 of the EC Treaty — the Court of First Instance       3 . orders the Commission to pay its own costs.
( Second Chamber ), composed of B. Vesterdorf, President,
and D. P. M. Barrington and A. Saggio, Judges; J. Palacio
Gonzalez, Registrar, has given a judgment on 14 September             (>) OJ No C 43 , 12 . 2 . 1994 .
1995 , in which it:
1 . dismisses the application;
2 . orders the applicants to pay the costs;
                                                                       JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                          of 15 September 1995
3 . orders the French Republic, intervener, to bear its own
      costs .                                                         in Joined Cases T-458/93 and T-523/93 Empresa Nacional
                                                                      de Urânio SA ( ENU ) v. Commission of the European
                                                                                               Communities ( 1 )
(') OJ No C 27, 28 . 1 . 1994 .                                       (EAEC — Actions for annulment ofmeasures — Supply —
                                                                      Right of option and exclusive right of the Euratom Supply
                                                                      Agency to conclude contracts for the supply of ores, source
                                                                      materials and special fissile materials — Balancing ofsupply
                                                                      and demand -— Infringement of the rules of the Treaty —
                                                                      Communitypreference — None — Commission instruction
                                                                      to the Supply Agency — Principles of good faith and
                                                                           legitimate expectations — Non-contractual liability)
 JUDGMENT OF THE COURT OF FIRST INSTANCE                                                         ( 95/C 286/27 )
                       of 14 September 1995
in Case T-171/94 : Descom Scales Manufacturing Co Ltd v.                            (Language of the case: Portuguese)
              Council of the European Union ( ] )
                                                                      In Joined Cases T-458/93 and T-523/93 Empresa Nacional
                           ( 95/C 286/26 )                            de Urânio SA ( ENU ), established at Urgeiriça, Nelas
                                                                      ( Portugal ), represented by João Luis dos Reis Mota de
                                                                      Campos, of the Lisbon Bar, with an address for service in
                 (Language of the case: French)                       Luxembourg at the Office of Joaquim Calvo Basáran, 34
                                                                      Boulevard Ernest Feltgen v. Commission of the European
                                                                      Communities, ( Agents : Antonio Caeiro and Jürgen
In Case T-171 /94 : Descom Scales Manufacturing Co. Ltd, a            Grunwald ) — application for annulment of the
company with its registered office at Seoul, represented by           Commission's decision of 19 July 1993 , on a procedure for
Pierre Didier, of the Brussels Bar, with an address for service       the application of the second paragraph of Article 53 of the
in Luxembourg at the Chambers of Laurent Mosar, 8 Rue                 EAEC Treaty, rejecting requests which the applicant had
Notre-Dame , against the Council of the European Union                submitted to the Commission in a letter of 21 December
(Agents: Bjarne Hoff-Nielsen, Jorge Monteiro and Philip               1990 in order to resolve the problem of the disposal of its
Bentley ), supported by the Commission of the European                uranium production, and for a declaration that the
Communities ( Agent: Marc L. F. De Pauw ) — application               European Atomic Energy Community is liable for the
for the annulment, in relation to the applicant, of Council           damage which the applicant is alleged to have incurred as a
Regulation (EEC ) No 2887/93 of 20 October 1993                       result of an alleged breach of the rules of the Treaty — the
imposing a definitive anti-dumping duty on imports of                 Court of First Instance ( Second Chamber, extended
certain electronic weighing scales originating in Singapore           composition ) composed of D. P. M. Barringtom, A. Saggio,
and the Republic of Korea ( OJ 1993 L 263 , p. 1 ), the Court         H. Kirschner and A. Kalogeropoulos, Judges; H. Jung,
of First Instance ( Fourth Chamber, extended composition ),           Registrar, has given a judgment on 15 September 1995 , in
composed of K. Lenaerts, President of the Chamber, R.                 which it :
Schintgen, R. García-Valdecasas, C. W. Bellamy and P.
Lindh, Judges; B. Pastor, Administrator, for the Registrar,
 has given a judgment on 14 September 1995 , in which                  1 . dismisses the applications;
 it :
                                                                       2 . orders the applicant to pay the costs.
 1 . dismisses the action;
                                                                       (') OJ No C 316 , 3 . 12 . 1992 and OJ No C 306 , 12 . 11 . 1995 .
 2 . orders the applicant to pay its own costs and the
      Council's costs, including those relating to the
      application for interim measures;