CELEX: C1996/233/01
Language: en
Date: 1996-08-10 00:00:00
Title: ORDER OF THE COURT of 14 May 1996 in Case C-301/94: Air Inter v. Commission of the European Communities (Actions brought before the Court of Justice and the Court of First Instance for annulment of the same measure - Jurisdiction declined by the Court of First Instance - Discontinuance of the action brought before the Court of Justice - Jurisdiction of the Court of Justice to determine the action brought by an individual - Referred to the Court of First Instance)

10 . 8 . 96           EN                  Official Journal of the European Communities                              No C 233/ 1
                                                                   I
                                                            (Information)
                                               COURT OF JUSTICE
                                                         COURT OF JUSTICE
                   ORDER OF THE COURT                                 Chambers, G. F. Mancini, F. A. Schockweiler, J. C.
                        of 14 May 1996                                Moitinho de Almeida ( Rapporteur ), P. J. G. Kapteyn, C.
                                                                      Gulmann, J. L. Murray, P. Jann, FI . Ragnemalm, L. Sevón
in Case C-301 /94: Air Inter v. Commission of the European            and M. Wathelet, Judges; G. Tesauro, Advocate-General; R.
                        Communities ( 1 )                             Grass, Registrar, made an order on 14 May 1996 , the
(Actions brought before the Court ofJustice and the Court             operative part of which is as follows :
of First Instance for annulment of the same measure —
Jurisdiction declined by the Court of First Instance —
Discontinuance of the action brought before the Court of              1 . Case C-301 /94 is referred to the Court of First
                                                                          Instance:
Justice — Jurisdiction of the Court ofJustice to determine
the action brought by an individual — Referred to the Court
                        of First Instance)                            2.  the costs are reserved.
                          ( 96/C 233/01 )
                                                                      0 ) OJ No C 370 , 24 . 12 . 1994 .
                 (Language of tbe case: French)
(Provisional translation; the definitive translation will be          Action brought on 3 May 1996 by the Portuguese Republic
           published in the European Court Reports)                             against Council of the European Union
                                                                                              ( Case C- 1 49/96 )
                                                                                                 96/C 233/02 )
In Case C-301 /94 : Air Inter, a public limited company
governed by French law, whose seat is at Paray Vieille Poste,         An action against the Council of the European Union was
represented by Jean-Pierre Spitzer, of the Paris Bar, with an         brought before the Court of Justice on 3 May 1996 by the
address for service in Luxembourg at the Chambers of                  Portuguese Republic , represented by Dr Luis Fernandes and
Aloyse May, 31 Grand Rue , against Commission of the                  Dr Carlos Botelho Moniz, acting as Agents, with an address
European Communities ( Agents : Rolf Wägenbaur and                    for service in Luxembourg at the Portuguese Embassy, 33
Lucio Gussetti ), supported by TAT European Airlines ,                Allée Scheffer .
whose seat is at Tours ( France ), represented by Antoine
Winckler, of the Paris Bar, and Romano Subiotto, Solicitor,
with an address for service in Luxembourg at the Chambers             The applicant claims that the Court should:
of Elvinger & Hoss, 15 Côte d'Eich, and by the United
Kingdom of Great Britain and Northern Ireland ( Agent:                — annul the Council Decision of 26 February 1996 i 1 )
John E. Collins , of the Treasury Solicitor's Department ) —              'concerning the conclusion of Memoranda of
application for annulment of Article 1 of Commission                      Understanding between the European Community and
Decision 94/29 1 /EC ( notified under reference C(94 ) 637                the Islamic Republic of Pakistan and between the
final ) on a procedure relating to the application of Council             European Community and the Republic of India on
Regulation ( EEC) No 2408/92 [Case VII/AMA/IV/93 —                        arrangements in the area of market access for textile
TAT — Paris ( Orly)-Marseille and Paris ( Orly)-Toulouse]                 products ',
( OJ 1994 L 127, p . 32 ) — the Court, composed of G. C.
Rodriguez Iglesias , President, C. N. Kakouris, D. A. O.              — order the Council of the European Union to pay the costs
Edward , J. P. Puissochet and G. Hirsch, Presidents of                    in their entirety .