CELEX: C1995/087/29
Language: en
Date: 1995-04-08 00:00:00
Title: ORDER OF THE PRESIDENT OF THE COURT OF FIRST INSTANCE of 16 February 1995 in Case T-5/95 R: Amicale des Résidents du Square d'Auvergne v. Commission of the European Communities

8 . 4 . 95             EN                  Official Journal of the European Communities                                  No C 87/ 13
pursuant to Article 85 of the EC Treaty (IV/32.031 —                  Jean-Marc Florand, of the Paris Bar v. Commission of the
Auditel ) (2) — the Court of First Instance (Enlarged Fourth          European Communities (Agents: G. Marenco and W. Wils )
Chamber ), composed of K. Lenaerts, President, and R.                 — application for ( 1 ) suspension of operation of the
Schintgen, C. P. Briet, R. Garcfa-Valdecasas, H. Kirschner            decisions said to be contained in the Commission's letters of
and C. W. Bellamy, Judges; H. Jung, Registrar, made an                20 September, 5 October and 26 October 1994 in which it
order on 6 February 1995 , the operative part of which is as          rejected the applicant's complaint concerning alleged
follows:                                                              anti-competitive practices by various undertakings said to
                                                                      have caused an increase in the tenancy costs borne by the
1 . leave is granted to D & B Marketing Information                   residents of Square d'Auvergne and ( 2 ) an order that the
     Services to intervene in support of the form of order            Community pay the applicant an advance of ECU 150 000
     sought be the defendant;                                         in respect of irrecoverable costs vexatiously caused on
                                                                      account of the costs to be awarded in the main proceedings
2. the request for confidential treatment in relation to the          — the President of the Court of First Instance has made an
     intervener is granted as regards the whole of Annex 20           order on 16 February 1995 , in which:
     to the application and to the following extent as regards
     Annex I to the application:                                      1 . the application for interim measures is dismissed;
     — the notification (form A/B and the Annex thereto)
         will be disclosed to the intervener with the exception       2 . the costs are reserved.
          of those items which have been obscured in the
          version of that document appended to this order,
     — Annexes 1,2,4 and 5 to the notification will not be
          disclosed to the intervener,
     — the request for confidential treatment is rejected as
          regards the remainder, namely Annexes 3 and 6 to            Action brought on 20 January 1995 by BP Chemicals
          the notification;                                           Limited against the Commission of the European
                                                                                               Communities
3 . the registrar shall serve a non-confidential version of the                               (Case T-ll/95 )
     documents in the case on the intervener;
                                                                                               ( 95/C 87/30 )
4. a period shall be prescribed within which the intervener
     must set out in writing its pleas in support ofthe form of                       (Language of the case: English)
     order which it seeks;
5 . D 8>cB 's request to derogate from the rules on the use of        An action against the Commission of the European
     languages is rejected as regards the written                     Communities was brought before the Court of First
     procedure;                                                       Instance of the European Communities on 20 January 1995
                                                                      by BP Chemicals Limited, represented by J. E. Flynn,
                                                                      Solicitor of Linklaters & Paines, Brussels, with an address
6 . D 8c B is granted leave to use English during the oral            for service in Luxembourg at the Chambers of Loesch &
     procedure;                                                       Wolter, 11 Rue Goethe.
7. the costs are reserved.
                                                                      The applicant claims that the Court should:
(!) OJ No C 90, 26 . 3 . 1994 .
(2 ) OJ No L 306, 11 . 12 . 1993 , p . 50.                            (a ) annul the decision of the Commission under the EC
                                                                            Treaty's State aid rules concerning three capital
                                                                            injections to Enichem SpA ( 1 ); and
                                                                      ( b ) order the Commission to pay the costs of this
                ORDER OF THE PRESIDENT                                      action.
           OF THE COURT OF FIRST INSTANCE
                      of 16 February 1995                             Pleas in law and main arguments adduced in support:
in Case T-5/95 R: Amicale des Résidents du Square
d'Auvergne v. Commission of the European                              The applicant maintains that the contested decision should
                          Communities
                                                                      be annulled on substantive and procedural grounds and that
                           ( 95/C 87/29                               its reasoning is inadequate. Specifically, it considers that the
                                                                      Commission erred :
                 (Language of the case: French)
                                                                      — in finding the first two injections compatible with the
In Case T-5/95 R: Amicale des Résidents du Square                          common market, thereby committing a manifest error of
d'Auvergne, established at Massy, France, represented by                   assessment going beyond the scope of its discretion