CELEX: C1997/009/26
Language: en
Date: 1997-01-11 00:00:00
Title: ORDER OF THE COURT OF FIRST INSTANCE (Fifth Chamber) of 8 November 1996 in Case T-120/89(92): Stahlwerke Peine-Salzgitter AG (which has become Preussag Stahl AG) v. Commission of the European Communities (Taxation of costs)

11 . 1 . 97            EN                  Official Journal of the European Communities                                 No C 9 / 15
Reference for a preliminary ruling from the Finanzgericht              Is the first subparagraph of Article 3a ( 3 ) of Regulation
Düsseldorf, by order of that court of 13 November 1996,                ( EEC ) No 1546/88 ( ! ), as amended by Regulation ( EEC )
in the case of Florian Vorderbrüggen v. Hauptzollamt                   No 1033/89 (2 ), valid in so far as it requires, over and
                                 Bielefeld                             above the requirements laid down in the first sentence of
                           ( Case C-374/96                             Article 3a ( 3 ) of Regulation ( EEC ) No 857/84 ( 3 ), as
                                                                       amended by Regulation ( EEC) No 764/89 ( 4 ) and by
                              ( 97/C 9/25 )                            Regulation ( EEC ) No 1639/91 ( 5 ), that the producer must
                                                                       actually have resumed direct sales and/or deliveries of milk
                                                                       for at least 12 months ?
Reference has been made to the Court of Justice of the
European Communities by order of the Finanzgericht                     (1)  OJ No  L 139, 4. 6 . 1988 , p. 12 .
 ( Finance Court) Düsseldorf of 13 November 1996,                      (2 ) OJ No  L 110, 21 . 4. 1989, p. 27.
received at the Court Registry on 26 November 1996, for                (3 ) OJ No  L 90, 1 . 4. 1984, p. 13 .
a preliminary ruling in the case of Florian Vorderbrüggen              (4)  OJ No  L 84 , 29 . 3 . 1989 , p . 2 .
v. Hauptzollamt Bielefeld on the following question :                  (5)  OJ No  L 150, 15 . 6 . 1991 , p. 35 .
                                                      COURT OF FIRST INSTANCE
       ORDER OF THE COURT OF FIRST INSTANCE                                 ORDER OF THE COURT OF FIRST INSTANCE
                           (Fifth Chamber)                                                        ( Second Chamber)
                                                                                               of 12 November 1996
                       of 8 November 1996
                                                                       in Case T-47/96: Syndicat départemental de défense du
in Case T-120/89(92 ): Stahlwerke Peine-Salzgitter AG                  droit des agriculteurs ( SDDDA ) v. Commission of the
( which has become Preussag Stahl AG ) v. Commission of                                    European Communities ( x )
                 the European Communities 0 )
                                                                       (Commission 's refusal to commence the infringement
                        (Taxation of costs)                              procedure — Action for failure to act — Inadmissibility)
                                                                                                      ( 97/C 9/27 )
                              ( 97/C 9/26 )
                                                                                        (Language of the case: French)
                (Language of the case: German)                         In Case T-47/96 : the Syndicat départemental de défense du
                                                                       droit des agriculteurs ( SDDDA ), whose registered office is
                                                                       at Beaucaire ( France ), represented initially by Olivier
                                                                       Girard, of the Nîmes Bar, and subsequently by Maryse
In Case T-120/89(92 ): Stahlwerke Peine-Salzgitter AG
                                                                       Joissains-Masini, of the Aix-en-Provence Bar, against the
(which has become Preussag Stahl AG ), represented by
                                                                       Commission of the European Communities ( Agent: Denise
Messrs Deringer, Tessin, Herrmann and Sedemund, of the
                                                                       Sorasio ) — application pursuant to Article 175 of the EC
Berlin Bar, against the Commission of the European
                                                                       Treaty for a declaration that, by not initiating the
Communities ( Agent: Götz zur Hausen ) — application for
                                                                       procedure pursuant to Article 169 of the EC Treaty in
taxation of the costs payable by the defendant to the
                                                                       respect of the French Republic, the Commission failed to
applicant pursuant to the judgment of the Court of First
                                                                       act — the Court of First Instance ( Second Chamber),
Instance of 27 June 1991 in Case T-120/89 Stahlwerke
                                                                       composed of C. W. Bellamy, President, H. Kirschner and
Peine-Salzgitter AG v. Commission [ 1991 ] ECR 11-279 —
                                                                       A. Kalogeropoulos, Judges; H. Jung, Registrar, made an
the Court of First Instance, composed of R. García-
                                                                       order on 12 November 1996 , the operative part of which
Valdecasas, President, J. Azizi and M. Jaeger, Judges; H.              is as follows :
Jung, Registrar, made an order on 8 November 1996, the
operative part of which is as follows:                                 1.   The action is dismissed as inadmissible.
                                                                       2 . There is no need to take a decision on the applications
The total costs payable by the Commission to Stahlwerke                     to intervene .
Peine-Salzgitter AG (PSAG) are fixed in the sum of
DM 160 000 .                                                           3 . The applicant is ordered to pay the costs. The
                                                                            Kingdom of Spain and the French Republic are each
                                                                            ordered to bear their own costs.
( ] ) OJ No C 207, 12 . 8 . 1989 , p . 15 .
                                                                       0 ) OJ No C 180, 22 . 6 . 1996 , p . 32 .