CELEX: C2000/355/55
Language: en
Date: 2000-12-09 00:00:00
Title: Order of the President of the Court of First Instance of 12 October 2000 in Case T-208/00 R: Jeremías Augusto Barleycorn Mongolue and Marc Boixader Rivas v Council of the European Union and European Parliament (Proceedings for interim relief — Notice of competition — Officials — Admissibility — Urgency — None)

C 355/24                EN                      Official Journal of the European Communities                                        9.12.2000
ORDER OF THE PRESIDENT OF THE COURT OF FIRST                               ORDER OF THE PRESIDENT OF THE COURT OF FIRST
                             INSTANCE                                                                  INSTANCE
                                                                                                   of 12 October 2000
                           of 25 July 2000
                                                                           in Case T-202/00 R: Mario Costacurta v Commission of
                                                                                              the European Communities
in Case T-189/00 R: ‘Invest’ Import und Export GmbH
and Invest Commerce S.à r.l. v Commission of the
                      European Communities                                 (Officials — Interlocutory proceedings — Admissibility of
                                                                                                  the main proceedings)
(Procedure for interim relief — Freeze of funds and ban on                                           (2000/C 355/54)
investment in relation to the Federal Republic of Yugoslavia
— Regulation (EC) No 1147/2000 — Suspension of oper-
         ation until the end of the interim proceedings)                                        (Language of the case: French)
                                                                           In Case T-202/00 R: Mario Costacurta, official of the Com-
                          (2000/C 355/53)                                  mission of the European Communities, residing in Luxem-
                                                                           bourg, represented by Mr Petit, of the Luxembourg Bar, with
                                                                           an address for service in Luxembourg at the Chambers of Mr
                                                                           Petit, 74, Val Sainte-Croix, against the Commission of the
                    (Language of the case: German)                         European Communities (Agents: G. Valsesia and J. Currall) —
                                                                           application for, first, suspension of the decision of the
                                                                           Commission contained in its letter dated 19 July 2000 and,
In Case T-189/00 R: ‘Invest’ Import und Export GmbH,                       secondly, an order of the Court requiring the Commission to
established in Neuss (Germany) and Invest Commerce S.à r.l.,               post the applicant to a third country by 1 September 2000 at
established in Alfortville (France), represented by R. Wägen-              the latest — the President of the Court of First Instance made
baur, of the Brussels Bar, with an address for service in                  an order on 12 October 2000, the operative part of which is
Luxembourg at the Chambers of Arendt and Medernach, 8-10                   as follows:
Rue Mathias Hardt, against the Commission of the European
Communities — application pursuant to Article 105(2) of                    1.    The application for interim measures is dismissed.
the Rules of Procedure for suspension of the operation of
Commission Regulation (EC) No 1147/2000 of 29 May 2000                     2.    Costs are reserved.
amending Annex II to Council Regulation (EC) No 1294/1999
concerning a freeze of funds and a ban on investment in
relation to the Federal Republic of Yugoslavia (OJ 2000 L 129,
p. 15) in so far as it concerns the applicants — the President
of the Second Chamber of the Court of First Instance made an
order on 25 July 2000, the operative part of which is as
follows:
                                                                           ORDER OF THE PRESIDENT OF THE COURT OF FIRST
                                                                                                       INSTANCE
1.    Until the adoption of the order terminating the present
      proceedings for interim relief, operation of Commission Regu-
                                                                                                   of 12 October 2000
      lation (EC) No 1147/2000 of 29 May 2000 amending
      Annex II to Council Regulation (EC) No 1294/1999 concern-
      ing a freeze of funds and a ban on investment in relation to the     in Case T-208/00 R: Jeremı́as Augusto Barleycorn Mongol-
      Federal Republic of Yugoslavia is suspended in relation to the       ue and Marc Boixader Rivas v Council of the European
      applicants, to the extent that the Commission is required to                         Union and European Parliament
      grant without delay an authorisation for each import and
      export operation notified to it by the applicants — without          (Proceedings for interim relief — Notice of competition —
      complying with the procedure under Article 9 of Regulation                  Officials — Admissibility — Urgency — None)
      No 1294/1999, as amended by Regulation No 723/2000
      — and the applicants may, notwithstanding Article 3(1) of
      that regulation, have at their disposal the funds necessary for                                (2000/C 355/55)
      each of the corresponding operations.
                                                                                               (Language of the case: Spanish)
2.    Costs are reserved.
                                                                           In Case T-208/00 R: Jeremı́as Augusto Barleycorn Mongolue
                                                                           and Marc Boixader Rivas, residing in Madrid, represented by
                                                                           D. López Garrido of the Madrid bar, with an address for service
                                                                           in Luxembourg at the Chambers of J. Choucroun, 84 Grand-
 ---pagebreak--- 9.12.2000                EN                       Official Journal of the European Communities                                       C 355/25
Rue, against Council of the European Union (Agents: F. Anton                 In support of its arguments, the applicant alleges:
and G. Ramos Ruano) and European Parliament (Agents:
M. Gómez Leal and F. de Wachter) — application for an order                 —    breach of the principle of audi alteram partem, as laid
suspending the operation of the notice of competition intended                    down in Article 7 of Commission Regulation (EEC)
to establish a shortlist as a recruitment reserve for Spanish-                    No 1116/88 of 20 April 1988 laying down detailed rules
language administrators (EUR/A/159/2000) and for Spanish-                         for the application of decisions granting aid for projects
language assistant administrators (PE/90/A), published in the                     concerning Community measures to improve and adapt
Official Journal of the European Communites on 10 June 2000                       structures in the fisheries and aquaculture sector and in
(OJ C 162 A) — the President of the Court of First Instance                       structural works in coastal waters (2), and of the right of
made an order on 12 October 2000, the operative part of                           access to Commission documents
which is as follows:
                                                                             —    breach of the obligation to state reasons
1.     The application for interim relief is dismissed.
                                                                             —    infringement of Articles 44(1) and 47 and Part II.B of
2.     Costs are reserved.                                                        Regulation No (EEC) 4028/86 of 18 December 1986 on
                                                                                  Community measures to improve and adapt structures in
                                                                                  the fisheries and aquaculture sector (3), inasmuch as it
                                                                                  lacks a legal basis for describing changes to the project in
                                                                                  question as ‘substantial changes’.
                                                                             (1) OJ 1996 C 77, p. 11.
                                                                             (2) OJ 1988 L 112, p. 1.
                                                                             (3) OJ 1986 L 376, p. 7.
Action brought on 14 September 2000 by ‘Le Canne’ S.r.l.
     against Commission of the European Communities
                           (Case T-241/00)
                           (2000/C 355/56)
                     (Language of the case: Italian)
An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the                   Action brought on 14 September 2000 by Coillte Teoran-
European Communities on 14 September 2000 by ‘Le Canne’                      ta against the Commission of the European Communities
S.r.l., represented by Giuseppe Carraro and Francesca Maz-
zonetto, of the Padua Bar, and Guy Arendt of the Luxembourg                                           (Case T-244/00)
Bar, with an address for service in Luxembourg at the
Chambers of Guy Arendt, 7 Val St Croix.
                                                                                                      (2000/C 355/57)
The applicant claims that the Court should:
                                                                                               (Language of the case: English)
—      annul Commission decision C (2000) 1754 of 11 July
       2000;
                                                                             An action against the Commission of the European Communi-
—      order the Commission to make good the damage;                         ties was brought before the Court of First Instance of the
                                                                             European Communities on 14 September 2000 by Coillte
                                                                             Teoranta, represented by Guy French, of McCann FitzGerald,
—      order the Commission to pay the costs of the proceedings.             Dublin (Ireland) and Paul Gallagher and Niamh Hyland.
                                                                             The applicant claims that the Court should:
Pleas in law and main arguments
                                                                             —    annul that part of Commission Decision of 5 July 2000
By the present action, the applicant, who also brought the                        excluding from Community financing certain expenditure
action in Case T-218/95 Le Canne v Commission (1), contests                       incurred by the Member States under the Guarantee
Commission decision C (2000) 1754 of 11 July 2000 reducing                        Section of the European Agricultural Guidance and
the contribution originally granted by Decision C (90) 1923/99                    Guarantee Fund (EAGGF) to the extent that the decision
of 30 October 1990 in respect of the ‘the modernisation and                       excludes expenditure incurred by Ireland of 4,8 million
development of a breeding area at Rosalina (Veneto)’ project.                     Euros in respect of ineligible afforestation aid; and