CELEX: C1995/159/49
Language: en
Date: 1995-06-24 00:00:00
Title: ORDER OF THE PRESIDENT OF THE COURT OF FIRST INSTANCE of 10 March 1995 in Case T-395/94 R: Atlantic Container Line AB and Others v. Commission of the European Communities

24. 6 . 95          [ EN                  Official Journal of the European Communities                                  No C 159/23
4 , ordered the interveners to bear their own costs.                       which are to be paid by the applicant. Each of the
                                                                           interveners shall pay its own costs.
(!) OJ No C 47, 21 . 2 . 1992 .
(2 ) OJ No L 254, 11 . 9 . 1991 , p. 14.                             ( i ) OJ No C 29, 2 . 2 . 1993 and OJ No C 62, 4 . 3 . 1993 .
                                                                     ( 2 ) OJ No L 286 , 1 . 10 . 1992 , p . 2 .
 JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                    ORDER OF THE PRESIDENT
                         of 2 May 1995                                         OF THE COURT OF FIRST INSTANCE
in Joined Cases T-163/94 and T-165/94 NTN Corporation                                         of 10 March 1995
and Koyo Seiko Co. Ltd. v. Council of the European
                                                                     in Case T-395/94 R: Atlantic Container Line AB and Others
                             Union O
                                                                             v. Commission of the European Communities
(Anti-dumping duty on ball-bearings — Review —
Regulation modifying a definitive anti-dumping duty —                                             95/C 159/49 )
                 Determination of the injury)
                                                                                     (Language of the case: English)
                          ( 95/C 159/48 )
                                                                     In Case T-395/94 R, Atlantic Container Line AB,
               (Language of the case: English)                       established in Gothenburg, Sweden, Cho Yang Shipping
                                                                     Company Ltd, established in Seoul, DSR-Senator Lines
In Joined Cases T-163/94 and T-165/94, NTN                           GmbH, established in Bremen, Germany, Hapag Lloyd AG,
Corporation, whose registered office is in Osaka (Japan ),           established in Hamburg, Germany, MSC Mediterranean
represented by Jürgen Schwarze and Malte Sprenger,                   Shipping Company SA, established in Geneva, Switzerland,
Rechtsanwalt, Dusseldorf, with an address for service in             A. P. Møller-Mærsk Line, established in Copenhagen,
Luxembourg at the Chambers of Claude Penning, 78                     Nedlloyd Lijnen BV, established in Rotterdam, the
Grand-Rue, and Koyo Seiko Co . Ltd, whose registered                 Netherlands, Neptune Orient Lines Ltd (NOL), established
office is in Osaka, represented by Jacques Buhart of the Paris       in Singapore, Nippon Yusen Kaisha (NYK Line ),
Bar and Charles Kaplan, Barrister, with an address for               established in Tokyo, Orient Overseas Container Line (UK)
service in Luxembourg at the Chambers of Messrs Arendt               Ltd, established in Levington, United Kingdom, P&O
and Medernach, 8—10 Rue Mathias Hardt, v. Council of                 Containers Ltd, established in London, Polish Ocean Lines,
the European Union ( Agents: R. Torrent, J. Monteiro, H. -J.         established in Gdynia, Poland, Sea-Land Service Inc .,
Rabe and G. Berrisch ), supported by the Federation of               established in Jersey City, New Jersey, United States of
European        Bearing       Manufacturers '     Associations,      America, Tecomar SA de CV, established in Mexico DF, and
represented by Dietrich Ehle and Volker Schiller,                    Transportación Maritima Mexicana SA, established in
Rechtsanwälte, Cologne, with an address for service in               Mexico DF, represented by John Pheasant, Nicholas
Luxembourg in Case T-163/94 at the Chambers of Messrs                Bromfield and Suyong Kim, Solicitors, with an address for
Arendt and Medernach, 8—10 Rue Mathias Hardt, and in                 service in Luxembourg at the Chambers of Loesch &
Case T-165/94 at the Chambers of Marc Lucius, 6 Rue                  Wolter, 11 Rue Goethe, supported by the Japanese
Michel Welter, and, in Case T-165/94 , supported also by the         Shipowners' Association, having its head office in Tokyo,
Commission of the European Communities (Agents : E.                  represented by Nicholas J. Forwood QC, of the Bar of
White and C. -M. Happe ) — application for the annulment             England and Wales, and Philip Rutley, Solicitor, with an
of Council Regulation ( EEC ) No 2849/92 of 28 September             address for service in Luxembourg at the Chambers of
1992 modifying the definitive anti-dumping duty on                   Arendt & Medernach, 8—10 Rue Mathias Hardt, and the
imports of ball-bearings with a greatest external diameter           European Community Shipowners ' Associations ASBL,
exceeding 30 mm originating in Japan imposed by                      having its head office in Brussels, represented by Denis
Regulation (EEC ) No 1739/85 ( 2 ) — the Court of First              Waelbroeck, of the Brussels Bar, with an address for service
Instance ( Third Chamber, extended composition )                     in Luxembourg at the Chambers of Ernest Arendt, 8—10
composed of: J. Biancarelli, President, R. Schintgen, C. P.          Rue Mathias Hardt v. Commission of the European
Briët, R. Garcfa-Valdecasas and C. W. Bellamy, Judges, H.            Communities (Agents : B. Langeheine and R. Lyal ),
Jung, Registrar, has given a judgment on 2 May 1995 in               supported by the Freight Transport Association Ltd, having
which it:                                                            its head office in Tunbridge Wells, United Kingdom, the
                                                                     Association des Utilisateurs de Transport de Fret, having its
1 , annuls Article 1 of Council Regulation (EEC)                     head office in Paris, and the European Council of Transport
     No 2849/92 of 28 September 1992 modifying the                   Users, having its head office in Brussels, represented by
     definitive anti-dumping duty on imports of                      Mark Clough, Barrister, of the Bar of England and Wales,
     ball-bearings with a greatest external diameter                 with an address for service in Luxembourg at the Chambers
     exceeding 30 mm originating in Japan imposed by                 of Aloyse May, 31 Grand-Rue — application for an order
     Regulation (EEC) No 1 739/85, in so far as it imposes an        suspending the operation of Commission Decision
     anti-dumping duty on the applicants;                            94/980/EC of 19 October 1994 relating to a proceeding
                                                                     pursuant to Article 85 of the EC Treaty ( IV/34.446 —
2 , orders the Council to bear its own costs and those of the        Trans-Atlantic Agreement) ( a ) — the President of the Court
     applicants, with the exception of the costs of the              of First Instance has made an order on 10 March 1995 , the
     applicant in Case T-l 63/94 relating to the intervention,       operative part of which is as follows :
 ---pagebreak--- No C 159/24            EN                  Official Journal of the European Communities                                  24 . 6 . 95
1 . the Japanese Shipowners ' Association and the European            2 , the costs are reserved.
     Community Shipowners ' Association are granted leave
     to intervene in support of the applicants;
2 . the Freight Transport Association, the Association des
     Utilisateurs des Transports de Fret and the European
     Council of Transport Users ASBL are granted leave to                    ORDER OF THE COURT OF FIRST INSTANCE
     intervene in support of the defendant;                                                     of 27 April 1995
                                                                      in Case T-393/94 : P v. Commission of the European
3 , the applicants ' request for confidential treatment of                                      Communities i 1 )
     certain parts of the file is granted;
                                                                                         (No need to give a decision)
                                                                                                  ( 95/C 159/51 )
4 , operation of Articles 1 , 2, 3 and 4 of Commission
     Decision 94/980/EC of 19 October 1994 relating to a
     proceeding pursuant to Article 85 of the EC Treaty                                (Language of the case: French)
     (IV/34.446 — Trans-Atlantic Agreement) , in so far as
     they prohibit the applicants from jointly exercising             In Case T-393/94, P, represented by Marie Vicelli and
     rate-making authority in respect of the inland portions          Jean-Pierre Spitzer, of the Paris Bar, with an address for
     within the Community of through-intermodal transport             service in Luxembourg at the Chambers of Aloyse May, 21
     services, is suspended until delivery ofthe final judgment       Grand-Rue, against the Commission of the European
     of the Court of First Instance in the main action;               Communities ( Agent: J. Griesmar ) — application for the
                                                                      annulment of several decisions of the Commission reducing
5 . there is no need to rule on the application for suspension        the rates of reimbursement of hospital expenses to the
     of the operation of those Articles with regard to the            applicant — the Court of First Instance ( First Chamber ),
     conclusion of joint service contracts;                           composed of J. L. Cruz Vilaça, President, and H. Kirschner
                                                                      and A. Kalogeropoulos, Judges; Registrar: H.Jung, made an
6 , the application for suspension of the operation of                order on 27 April 1995 of which the operative part is as
                                                                      follows :
     Article 5 of the Decision is dismissed;
7.   costs are reserved.                                               1 . there is no need to give a decision on the application;
(») OJ No L 376 , 31 . 12 . 1994 , p . 1 .                            2 , the defendant shall bear the costs.
                                                                       f 1 ) OJ No C 392 , 31 . 12 . 1994 .
                ORDER OF THE PRESIDENT
          OF THE COURT OF FIRST INSTANCE
                        of 11 April 1995                              Action brought on 3 April 1995 by Tiziano Boggian against
                                                                                the Commission of the European Communities
in Case T-82/95 R: Carmen Gómez de Enterria v. European
                             Parliament                                                          ( Case T-92/95 )
                          ( 95/C 159/50 )                                                          ( 95/C 159/52
                 (Language of the case: French)                                         (Language of the case: Italian)
In Case T-82/95 R: Carmen Gômez de Enterria, an official               An action against the Commission of the European
of the European Parliament, residing in Luxembourg,                    Communities was brought before the Court of First
represented by Eric Boigelot, of the Brussels Bar, with an             Instance of the European Communities on 3 April 1 995 by
address for service in Luxembourg at the Chambers of Louis             Tiziano Boggian, an independent trader resident in
Schiltz, 2 Rue du Fort Rheinsheim v. European Parliament               Montagnana ( Padua, Italy), represented by Ivone
 ( Agents : G. Garzon Clariana and M. Peter ) — application            Cacciavillani of the Venice Bar, with an address for service
for suspension of the implementation of the decision of the            in Luxembourg at the Chambers of Alain Lorang, 51 Rue
President of the European Parliament of 19 December 1994               Albert I er .
retiring the applicant from her post pursuant to Article 50 of
the Staff Regulations — the President of the Court of First            The applicant claims that the Court should :
 Instance made an order on 1 1 April 1995 , the operative part
 of which is as follows :
                                                                       — annul Commission Decision No C(91 ) 1725 of 29 July
                                                                              1991 (not published ), approving and granting EEC
 1 , the application for interim measures is dismissed;                       financing for the ' Operational programme for the