CELEX: C1998/312/35
Language: en
Date: 1998-10-10 00:00:00
Title: ORDER OF THE PRESIDENT OF THE COURT OF FIRST INSTANCE of 15 July 1998 in Case T-73/98 R: Société Chimique Prayon-Rupel SA v. Commission of the European Communities (State aid - Proceedings for interim measures - Intervention - Interim measures - Urgency - None)

10.10.98             EN                  Official Journal of the European Communities                                  C 312/13
3. suspends execution of that Commission Decision until             brought before the Court of First Instance of the European
    such time as the Court of First Instance has given final        Communities on 30 June 1998 by Hameico Stuttgart
    judgment on the main action;                                    GmbH and others, Stuttgart (Federal Republic of
                                                                    Germany), represented by Gerrit Schohe, Rechtsanwalt,
4. reserves the costs.                                              Hamburg (Germany), with an address for service in
                                                                    Luxembourg at the Chambers of Marc Baden, 34b Rue
                                                                    Philippe II.
                                                                    The applicants claim that the Court should:
               ORDER OF THE PRESIDENT                               Ð declare that the defendants are obliged to compensate
         OF THE COURT OF FIRST INSTANCE                                 the applicants for the losses suffered and/or to be
                       of 15 July 1998                                  suffered by the applicants as a result of the application
                                                                        of Council Regulation (EEC) No 404/93 on the
in Case T-73/98 R: SocieÂteÂ Chimique Prayon-Rupel SA v.                common organisation of the market in bananas, in
         Commission of the European Communities                         particular Articles 17 to 19 and 21(2) thereof, and in
(State aid Ð Proceedings for interim measures Ð                         consequence of the application of Commission
  Intervention Ð Interim measures Ð Urgency Ð None)                     Regulation (EEC) No 1442/93 laying down detailed
                                                                        rules for the application of the arrangements for
                        (98/C 312/35)                                   importing bananas into the Community, inasmuch as,
                                                                        in accordance with those regulations, and in particular
               (Language of the case: French)                           Article 19(2) of Regulation (EEC) No 404/93:
In Case T-73/98 R SocieÂteÂ Chimique Prayon-Rupel SA,                   Ð the inclusion of the applicants in the closed
incorporated in Engis (Belgium), represented by Bernard                     category of Category A' market operators
van de Walle de Ghelcke, of the Brussels Bar, with an                       (Article 2(a) of Regulation (EEC) No 1442/93) is
address for service in Luxembourg at the Chambers of                        conditional on their having marketed third-country
Freddy Brausch, 11 Rue Goethe, against the Commission                       bananas during the years 1989 to 1991,
of the European Communities (Agent: Dimitris
Triantafyllou) Ð application for operation of Commission                Ð the scope of the import licences to which the
Decision SG (98) D631 on State aid cases N 198/97 and                       applicants are entitled within the framework of
NN 81/97 to be suspended Ð Germany Ð Financial                              Category A' is conditional on the reference
measures in favour of Chemische Werke Piesteritz GmbH,                      quantities accumulated by the applicants during
and for any other form of interim measure, the President                    the years 1989 to 1991, and
of the Court made an order on 15 July 1998 in which he:
                                                                        Ð market operators who, during the period from
1. allowed the Federal Republic of Germany to intervene                     1989 to 1991, were established in the former
    in support of the Commission;                                           German Democratic Republic were unable, prior
                                                                            to the point in time at which the territory of the
2. allowed the application by SocieÂteÂ Chimique Prayon-                    former German Democratic Republic became part
    Rupel SA for certain parts of its application for                       of the then European Economic Community
    suspension of operation to be treated as confidential                   (German reunification on 3 October 1990), to
    for the interlocutory stage of the proceedings;                         accumulate such quantities,
3. dismissed the application for interim measures;                  Ð order the parties to indicate, within a given period (to
                                                                        be prescribed by the Court) after delivery of its
                                                                        judgment, the amounts which they have agreed upon
4. reserved judgment on costs.                                          as being payable, or, if no such agreement is reached,
                                                                        order them to submit to the Court, within that period,
                                                                        their quantified proposals as to the sums which should
                                                                        be paid,
                                                                    Ð reserve its decision as to costs.
Action brought on 30 June 1998 by Hameico Stuttgart
GmbH and Others against the Council of the European
Union and the Commission of the European Communities                Pleas in law and main arguments adduced in support:
                       (Case T-99/98)
                                                                    The applicants, who are members of the Atlanta Group,
                        (98/C 312/36)
                                                                    are established in the territory of the former German
                                                                    Democratic Republic, or were established there during the
              (Language of the case: German)                        period from 1989 to 1991. They are claiming inter alia
                                                                    compensation for the damage allegedly suffered by them
An action against the Council of the European Union and             as a result of the fact that, under the Community rules on
the Commission of the European Communities was                      the organisation of the market, they were not able to