CELEX: C1997/252/62
Language: en
Date: 1997-08-16 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 10 July 1997 in Case T-227/95: AssiDomän Kraft Products AB and Others v. Commission of the European Communities (Competition - Consequences of partial annulment by the Court of Justice of a decision relating to a proceeding under Article 85 of the Treaty - Effects of the judgment on persons to whom the decision was addressed who did not bring an action for annulment - Article 176 of the Treaty - Request for partial refund of fines paid)

No C 252/28            EN                  Official Journal of the European Communities                                   16 . 8 . 97
 Ariane Tornel, of the Brussels Bar, with an address for                Chamber, Extended Composition ), composed of: B.
 service in Luxembourg at the offices of Fiduciaire Myson              Vesterdorf, President, C. P. Briët, P. Lindh, A. Potocki and
 Sari, 30 Rue de Cessange, v. European Parliament ( Agents:            J. D. Cooke, Judges; J. Palacio González, Administrator,
 Manfred Peter, Francis Herbert and Daniel M. Tomasevic )              for the Registrar, has given a judgment on 10 July 1997,
 — application for annulment of the decision of the                    in which it :
 European Parliament of 22 August 1995 appointing the
 applicant to a post as clerical assistant, in so far as that
 appointment was in grade C 5 — the Court of First                      1 . dismisses the claim for annulment as inadmissible;
 Instance ( Fourth Chamber ), composed of: K. Lenaerts,
 President, and P. Lindh and J. D. Cooke, Judges, A. Mair,
 Administrator, for the Registrar, has given a judgment on             2 . declares that it is unnecessary to proceed to judgment
 9 July 1997, in which it:                                                  on the claim alleging failure to act;
 1 . annuls the Parliament 's decision of 22 August 1995 in
                                                                       3 . orders the Commission to bear its own costs, to pay
      so far as it concerns the classification of the applicant             half of the costs incurred by the applicant in
                                                                            connection with the claim for annulment and the
      in grade;
                                                                            whole of the costs incurred by the applicant in
                                                                            connection with the claim alleging failure to act;
 2 . orders the Council to pay the costs.
                                                                       4 . orders the applicant to bear half of the costs which it
 (') OJ No C 233 , 10 . 8 . 1996 .                                          incurred in connection with the claim for annulment;
                                                                       5 . orders the Kingdom of Spain to bear its own costs.
                                                                       (•) OJ No C 64, 2 . 3 . 1996 .
   JUDGMENT OF THE COURT OF FIRST INSTANCE
                           of 10 July 1997
in Case T-212/95 : Asociación de Fabricantes de Cemento
de España (Oficemen) v. Commission of the European
                           Communities (M                                JUDGMENT OF THE COURT OF FIRST INSTANCE
 (Anti-dumping — Commission proposal to close an anti­                                          of 10 July 1997
dumping proceeding without imposing protective measures               in Case T-227/95 : AssiDomän Kraft Products AB and
— Rejection by the Council — Action for annulment —
                    Action for failure to act)                            Others v. Commission of the European Communities (')
                            ( 97/C 252/61 )
                                                                       (Competition — Consequences of partial annulment by
                                                                       the Court of Justice of a decision relating to a proceeding
                                                                       under Article 85 of the Treaty — Effects of the judgment
                (Language of the case: Spanish)                        on persons to whom the decision was addressed who did
                                                                      not bring an action for annulment — Article 176 of the
                                                                             Treaty — Request for partial refund of fines paid)
In Case T-2 12/95 : Asociacion de Fabricantes de Cemento
                                                                                                 ( 97/C 252/62 )
de Espana ( Oficemen ), established in Madrid, represented
by Jaime Folguera Crespo and Edurne Navarro Varona, of
the Barcelona Bar, with an address for service in                                     (Language of the case: English)
Luxembourg at the Chambers of Luc Frieden, 62 Avenue
Guillaume, supported by the Kingdom of Spain ( Agents:
initially Gloria Calvo Diaz, subsequently Luis Perez De               In Case T-227/95 : AssiDomän Kraft Products AB, whose
Ayala Becerril ), against Commission of the European                  registered office is in Stockholm, AB Iggesunds Bruk,
Communities (Agents : initially Nicholas Kahn and                     whose registered office is in Ornsköldsvik, Sweden,
Francisco Enrique Gonzalez-Diaz, subsequently Nicholas                Korsnäs AB, whose registered office is in Gävle, Sweden,
Kahn and Fernando Castillo De la Torre ) — application,               MoDo Paper AB, whose registered office is in
on the one hand, for annulment of the Commission's                    Ornsköldsvik, Sweden, Södra Cell AB, whose registered
decision to terminate de facto in February 1994 the anti­             office is in Växjö, Sweden, Stora Kopparbergs Bergslags
dumping proceeding initiated in April 1992 at the request             AB, whose registered office is in Falun, Sweden, Svenska
of Oficemen, thereby refusing the protective measures                 Cellulosa AB, whose registered office is in Sundsvall,
requested by that association, and, on the other hand, for            Sweden, represented by John E. Pheasant, solicitor of the
a declaration that, by formally maintaining the said anti­            Supreme Court of England and Wales, and Christopohe
dumping procedure open without adopting measures                      Raux, of the Paris Bar, with an address for service in
enabling it formally to be terminated, possibly through the           Luxembourg at the Chambers of Loesch & Wolter, 11
imposition of protective measures, the Commission has                 Rue Goethe, against Commission of the European
failed to act — the Court of First Instance (Third                    Communities ( Agent: Wouter Wils ) — application for
 ---pagebreak--- 16 . 8 . 97             EN                   Official Journal of the European Communities                                No C 252/29
annulment of the Commission 's decision of 4 October                    annual leave — the Court of First Instance ( Fifth
1995 rejecting the requests made by the applicants,                     Chamber), composed of A. Kalogeropoulos, acting as
following the judgment of the Court of Justice in Joined                President of the Chamber, J. Azizi and M. Jaeger, Judges;
Cases C-89/85 , C-104/85 , C-l 14/85 , C-l 16/85 , C-l 17/85            A. Mair, Administrator, for the Registrar, has given a
and C-125/85 to C-129/85 Ahlström Osakeyhtiö and                        judgment on 10 July 1997, in which it:
Others v. Commission [ 1993 ] ECR 1-1307, for repayment
of the fines imposed on them by Commission Decision 85/                 1 . annuls the decision of the Parliament of 22 May, in
202/EEC of 19 December 1984 relating to a proceeding                          which it considered the applicant's absence on 5 May
under Article 85 of the EEC Treaty (IV/29.725 — Wood                          1 995 to be unauthorized and deducted a day from her
pulp ) ( OJ No L 85 , 26 . 3 . 1985 , p. 1 ) — the Court of                   annual leave, and the decision of 9 August 1995
First Instance ( Second Chamber, Extended Composition ),                      confirming that decision;
composed of: B. Vesterdorf, President, C. W. Bellamy and
A. Kalogeropoulos, Judges; H. Jung, Registrar, has given a
judgment on 10 July 1997, in which it:                                  2 . orders the Parliament to pay the costs.
                                                                        H OJ No C 145 , 18 . 5 . 1996 .
1 . annuls the Commission 's decision, contained in the
      letter of 4 October 1995, rejecting the applicant's
      request that it review, in the light of the judgment of
      the Court of First Instance in Joined Cases C-89/85,
      C-104/85, C-l 14/85, C-l 16/85, C-117/85 and C-125/
      85 to C-129/85 Ahlström Osakeyhtiö and Others v.
      Commission [1993] ECR 1-1307, the legality of                        JUDGMENT OF THE COURT OF FIRST INSTANCE
      Commission Decision 85/202/EEC of 19 December                                              of 10 July 1997
      1984, relating to a proceeding under Article 85 of the
                                                                        in Case T-38/96: Guérin Automobiles v. Commission of
      EEC Treaty (IV/29. 725 — Wood pulp) in so far as the
      latter relates to them;                                                             the European Communities H
                                                                         (Competition — Action for failure to act — No need for a
2 . dismisses the action as inadmisible in so far as it seeks                   ruling — Action for damages — Inadmissibility)
      the issue of directions to the Commission;                                                   ( 97/C 252/64 )
 3 . orders the Commission to pay the costs.                                              (Language of the case: French)
 (') OJ No C 64, 2 . 3 . 1996 .                                          In Case T-38/96 : Guérin Automobiles, with its registered
                                                                         office at Alençon ( France ), represented by Jean Claude
                                                                         Fourgoux, of the Paris Bar and of the Brussels Bar, with
                                                                         an address for service in Luxembourg at the Chambers of
                                                                         Pierrot Schiltz, 4 Rue Beatrix de Bourbon, against
                                                                         Commission of the European Communities (Agents:
                                                                         initially Francisco Enrique Gonzalez Diaz and Guy
    JUDGMENT OF THE COURT OF FIRST INSTANCE                              Charrier, subsequently Giuliano Marenco and Guy
                           of 10 July 1997                               Charrier) — application for ( i ) a declaration that the
                                                                         Commission failed to act, by not addressing a statement of
         in Case T-36/96: Giuliana Gaspari v. European                   objections to Nissan France and ( ii ) compensation for the
                            Parliament (')
                                                                         damage caused to the applicant by that failure to act —
 (Officials — Sick leave — Medical certificate — Medical                 the Court of First Instance ( Second Chamber, Extended
 examination to verify — Conclusions contradicting the                   Composition ), composed of: C. W. Bellamy, President,
                         medical certificate)                            C. P. Briët and A. Kalogeropoulos, Judges; A. Mair,
                                                                         Administrator, for the Registrar, has given a judgment on
                            ( 97/C 252/63 )                               10 July 1997, in which it:
                   (Language of the case: French)                         1 . declares that there is no need to rule on the action for
                                                                               failure to act;
 In Case T-36/96 : Giuliana Gaspari, an official of the
 European         Parliament,       residing    at      Sandweiler       2 . dismisses      the remainder of the application as
  ( Luxembourg), represented by Jean-Noel Louis, Thierry                       inadmissible;
 Demaseure and Ariane Tornel, all of the Brussels Bar, with
  an address for service in Luxembourg at the offices of
  Fiduciaire Myson Sari, 30 Rue de Cessange, against the
                                                                          3 . orders the Commission to pay its own costs and half
                                                                               of the applicant's costs.
  European Parliament ( Agents : Manfred Peter and Antonio
  Caiola ) — application for the annulment of the decisions
  of 22 May 1995 and 9 August 1995 , whereby the                          H OJ No C 145 , 18 . 5 . 1996 .
  Parliament considered the applicant's absence on 5 May
  1995 to be unauthorized and deducted a day from her