CELEX: C1999/071/58
Language: en
Date: 1999-03-13 00:00:00
Title: Action brought on 21 December 1998 by Clauni S.A. and Others against the Commission of the European Communities (Case T-206/98)

13.3.1999            EN                 Official Journal of the European Communities                                  C 71/31
Pleas in law and main arguments adduced in support:                The applicants claim that the Court should:
The applicants contest the refusal by the French customs           Ð allow the applicants' claim to be entitled to a rebate.
authorities of a rebate application lodged on 20 December
1995 in relation to certain imports of mushrooms
originating in and emanating from Poland.                          Pleas in law and main arguments adduced in support:
                                                                   The applicants contest the refusal by the French customs
The dispute concerns, in essence, a disagreement
                                                                   authorities of a rebate application lodged on 23 October
concerning the customs nomenclature applicable to the
                                                                   1995 in relation to certain imports of mushrooms
products in question and the question whether those
                                                                   originating in and emanating from Poland.
products should be allocated to the tariff quota for
Poland.
                                                                   The pleas in law and main arguments are the same as in
                                                                   Case T-205/98 Clauni v Commission.
The applicants state that the national authorities did not
arrange for any proper analysis of the goods by an
independent authority with a view to verifying the
administrative authorities' assertion that the mushrooms
were deep-cooked. On the contrary, the only serious and
independent analysis carried out in the present case
concluded that the products were not deep-cooked.
                                                                   Action brought on 23 December 1998 by Carlo De Nicola
                                                                                against European Investment Bank
The applicants also maintain that the Commission, as the                                 (Case T-208/98)
general guardian of the Treaty, possesses its own                                         (1999/C 71/59)
competence in customs matters, so that any failure on the
part of customs authorities of the Member States to
observe the principles of Community law or to forward a                           (Language of the case: Italian)
rebate application must result in the Communities
incurring non-contractual liability in the application of
Community customs law.                                             An action against the European Investment Bank was
                                                                   brought before the Court of First Instance of the European
                                                                   Communities on 23 December 1998 by Carlo De Nicola,
Lastly, for the purposes of providing all such further             an official of the European Investment Bank, represented
clarification of their position as may be necessary, the           by Luigi Isola of the Rome Bar, with an address for service
applicants refer to an expert's report annexed to the              in Luxembourg at 16 Rue du Kiem, 8030 Strassen.
application.
                                                                   The applicant claims that the Court should:
                                                                   Ð annul the promotions communicated on 6 August
                                                                       1998 in so far as they do not contain the applicant's
                                                                       name;
Action brought on 21 December 1998 by Clauni S.A. and
Others against the Commission of the European
                        Communities
                                                                   Ð annul the decision contained in the report of the
                      (Case T-206/98)                                  Appeals Committee attached to the letter sent by Mr
                                                                       Pietila dated 23 September 1998; and
                       (1999/C 71/58)
                                                                   Ð order the defendant to pay compensation for physical,
               (Language of the case: French)                          non-material and material damage in the terms set out
                                                                       above.
An action against the Commission of the European
Communities was brought before the Court of First                  Pleas in law and main arguments adduced in support:
Instance of the European Communities on 21 December
1998 by Clauni S.A., Jean Marie BissieÁres, Loma S.A. and
AndreÂ Lompech, respectively domiciled at Le Passage, La           The material facts are as set forth in Case T-7/98 De
Croix Blanche and Penne d'Agenais (France), represented            Nicola v EIB (1). The applicant would add however that he
by Daniel VeyssieÁre, of the Bar of Villeneuve sur Lot             has had to leave his employment with the defendant as a
(France), with an address for service in Luxembourg at the         result of the strong pressure which he claims to have been
Chambers of Aloïse May, 31 Grand-Rue.                              subjected to by his immediate superiors.