CELEX: C1995/299/27
Language: en
Date: 1995-11-11 00:00:00
Title: Action brought on 22 August 1995 by Hubertus Freiherr von Marschalck against the Council of the European Union and the Commission of the European Communities (Case T-162/95)

No C 299/ 1 6         EN                  Official Journal of the European Communities                                      11 . 11 . 95
That      legislative   omission     unjustifiably    penalizes      Pleas in law and main arguments adduced in support:
manufacturers in those countries where the real rate of
financing costs is higher than 6,75% , and particularly              The pleas in law and main arguments are the same as those
Italian manufacturers, since in Italy the interest rate in           in Case T-20/ 94 .
question is 11,65% .
In the applicants' submission, the new Community rules
manifestly infringe :
                                                                     Action brought on 5 September 1995 by Eridania
                                                                     Zuccherifici Nazionali SpA and others against the Council
— Article 40 of the EEC Treaty , which excludes any                                       of the European Union
     discrimination between producers or consumers within                                     ( Case T-168/95 )
     the Community, and
                                                                                                ( 95 /C 299/28 )
— Articles 30 and 34 of the EEC Treaty, since the
                                                                                      (Language of the case: Italian)
     mechanism in question places unjustified obstacles to
     applying free market principles to Italian producers . The
     distortion in question increases the competitiveness of         An action against the Council of the European Union was
     foreign products on the Italian market while decreasing         brought before the Court of First Instance of the European
     that of Italian products on other Community                     Communities on 5 September 1 995 by Eridania Zuccherifici
     markets .                                                       Nazionali SpA , with its registered office in Genoa , and
                                                                     Industria Saccarifera Italiana Agroindustriale SpA , with its
                                                                     registered office in Padua ( the Eridania-Zuccherifici
                                                                     Nazionali SpA Group ); Societa Sadam Zuccherifici , a
                                                                     division of Societa Esercizi Commerciali Industriali SpA,
                                                                     Societa Sadam Castiglionese SpA and Societa Sadam
                                                                     Abruzzo SpA, all registered in Bologna , and Societa
                                                                     Zuccherifico del Molise SpA, with its registered office in
                                                                     Termoli ( the Sadam Zuccherifici Group ); Societa Fondiaria
Action brought on 22 August 1995 by Hubertus Freiherr                Industriale Romagnola SpA, with its registered office in
von Marschalck against the Council of the European Union             Gesena , and Societa Ponteco Zuccheri SpA, with its
     and the Commission of the European Communities                  registered office in Pontelagoscuro ( the SFIR Group ),
                                                                     represented by Bernard O'Connor, Solicitor of the High
                       ( Case T-162/95 )                             Court of Ireland , and by Ivano Vigliotti and Paolo Crocetta,
                         ( 95/C 299/27 )                             of the Genoa Bar, with an adress for service in Luxembourg
                                                                     at the Chambers of Arsene Kronshagen , 12 Boulevard de la
                                                                     Foire .
               (Language of the Case: German)
                                                                     The applicants claim that the Court should :
An action against the Council of the European Union and              — annul Council Regulation ( EC ) No 1534/95 of 29 June
the Commission of the European Communities was brought                    1995 fixing, for the 1 995/96 marketing year, the derived
before the Court of First Instance of the European                       intervention prices for white sugar , the intervention
Communities on 22 August 1995 by Hubertus Freiherr von                   price for raw sugar, the minimum prices for A and B
Marschalck, represented by Bernd Meisterernst, Mechtild                  beet, and the amount of compensation for storage costs
Düsing, Dietrich Manstetten, Dr Frank Schulze and                        ( OJ 1995 L 148 , p. 1 1 ); or in any event annul Article 1 ( f)
Dr Winfried Haneklaus, Rechtsanwälte , Münster, with an                  thereof, fixing the derived intervention price for white
address for service in Luxembourg at the Chambers of                     sugar for all the areas in Italy,
Dupong & Associés, 14a Rue des Bains .
                                                                     — annul       all   other     measures      in relation    to    the
                                                                         abovementioned, whether prior, subsequent or
The applicant claims that the Court should :                              howsoever connected , including Council Regulation
                                                                          ( EEC ) No 1785/81 of 30 June 1981 and successive
                                                                         amendments thereto , concerning the common
 1 . order the defendants to pay the applicant milk                      organization of the markets in the sugar sector, or in
      quota compensation ( SLOM-II ) pursuant to Council                  any event annul Articles 3 , 5 and 6 thereof and all
      Regulation No 2187/93 of 22 July 1993 for the period                implementing measures,
      from 2 April 1984 to 15 June 1991 , amounting to
      DM 75 634,65 , together with 8 % interest from 1 9 May         — award costs in favour of the applicants .
      1992 , and to pay the costs of the proceedings,
                                                                     Pleas in law and main arguments adduced in support:
2 . join the present case to Case T-77/93 Hülseberg and
      Others v. Council and Commission and likewise stay the         A number of Italian sugar-manufacturing companies, which
      proceedings .                                                  form groups within the meaning of Article 9 of Regulation