CELEX: C1995/087/28
Language: en
Date: 1995-04-08 00:00:00
Title: ORDER OF THE COURT OF FIRST INSTANCE of 6 February 1995 in Case T-66/94: Auditel Srl v. Commission of the European Communities (Intervention - Confidentiality - Rules on the use of languages)

No C 87/12               EN               Official Journal of the European Communities                                     8 . 4 . 95
     ORDER OF THE COURT OF FIRST INSTANCE                            Embassy,      9   Boulevard       Prince  Henri,  against the
                       of 15 February 1995                           Commission of the European Communities (Agents: B. J.
                                                                     Drijber and J. Bourgeois ), supported by Kali and Salz
in Case T-552/93 : Giuseppe Grassi v. Commission of the              Beteiligungs-Aktiengesellschaft and Kali und Salz GmbH,
                  European Communities f 1 )                         established in Kassel (Federal Republic of Germany),
 (Officials  — Admissibility — Prior complaint through               represented by Karlheinz Quack, of the Berlin Bar, and
 official channels — Implied decision, not contested within          Georg Albrechtskirchinger, of the Frankfurt am Main Bar,
 the period prescribed, rejecting a request — Subsequent             with an address for service in Luxembourg at the Chambers
    express decision — Confirmatory act — Out of time)               of Marc Loesch, 11 Rue Goethe — application for the
                             ( 95/C 87/26                            partial annulment, first, of Article 1 of the decision of the
                                                                     Commission of 14 December 1993 relating to a proceeding
                                                                     under Council Regulation ( EEC ) No 4064/89 of
                (Language of the case: Italian)                      21 December 1989 on the control of concentrations
                                                                     between            undertakings           ( IV-M.308          —
In Case T-552/93 : Giuseppe Grassi, a temporary agent of             Kali+Salz/MdK/Treuhand ), in so far as it makes the
the Commission of the European Communities assigned to               declaring of the concentration compatible with the common
the Joint Research Centre, Ispra, residing at Cadrezzate,            market conditional upon compliance with the conditions set
represented by Angelo Ulgheri, of the Milan Bar, with an             out in paragraph 63 thereof and, secondly, of the decision,
address for service in Luxembourg at the Chambers of                 in so far as it. has accepted the commitment mentioned in
Franco " Colussi, 36 Rue Wiltz, v. Commission of the                 paragraph 65 thereof whereby Kali und Salz AG undertook
European Communities (Agent: G. Valsesia ) — application             to modify the corporate structure of Potacan by 30 June
for the annulment of the decision of the Commission of               1994 — the Court of First Instance ( Second Chamber,
24 September 1992 rejecting the applicant's request for the          extended composition), composed of B. Vesterdorf,
transfer of his pension rights, acquired in the Italian State        President, D. P. M. Barrington, A. Saggio, H. Kirschner and
pension scheme, to the Community pension scheme — the                A. Kalogeropoulos, Judges; H. Jung, Registrar, made an
Court of First Instance (Third Chamber), composed of: J.             order on 1 February 1995, the operative part of which is as
Biancarelli, President, and C. P. Briët and C. W. Bellamy,           follows :
Judges; H. Jung, Registrar, has made an order on
 15 February 1995 , in which it:                                     1 , jurisdiction is declined in Case T-88/94, Société
                                                                         Commerciale des Potasses et de l'Azote and Entreprise
                                                                         Minière et Chimique v. Commission of the European
 1 . dismisses the application as manifestly inadmissible;
                                                                         Communities, in order to enable the Court ofJustice to
                                                                         rule on the application for annulment;
2 . orders the parties to bear their own costs.
                                                                     2 . the costs are reserved.
(!) OJ No C 1 , 4 . 1 . 1994 .
                                                                     (!) OJ No C 103 , 11 . 4 . 1994 .
     ORDER OF THE COURT OF FIRST INSTANCE                                ORDER OF THE COURT OF FIRST INSTANCE
          (Second Chamber, extended composition)                                           of 6 February 1995
                        of 1 February 1995                           in Case T-66/94: Auditel Sri v. Commission of the European
in Case T-88/94: Société Commerciale des Potasses et de
                                                                                             Communities (*)
l'Azote and Entreprise Minière et Chimique v. Commission             (Intervention — Confidentiality — Rules on the use of
              of the European Communities ( a )                                                   languages)
                  (Disclaimer ofjurisdiction)                                                   ( 95/C 87/28 )
                            ( 95/C 87/27)
                                                                                     (Language of the case: Italian)
               (Language of the case: French)
                                                                    In Case T-66/94: Auditel Sri, established in Milan (Italy),
                                                                    represented by Giuseppe Sena and Paola Tarchini, of the
In Case T- 8 8/94 : Societe Commerciale des Potasses et de          Milan Bar, Mario Siragusa, of the Rome Bar, Giuseppe
l'Azote, established in Mulhouse (France ), and Entreprise           Scassellati Sforzolini and Francesca Maria Moretti, of the
Miniere et Chimique, established at Paris, represented by           Bologna Bar, with an address for service in Luxembourg at
Charles Price, of the Brussels Bar, with an address for service     the office of Elvinger, Hoss & Prussen, 15 Cote d'Eich, v.
in Luxembourg at the Chambers of Lucy Dupong, 14A Rue               Commission of the European Communities (Agents: G.
des Bains, supported by French Republic (Agents : Edwige            Marenco and A. Dal Ferro) — application for the
Belliard, Catherine de Salins and Jean-Marc Belorgey), with         annulment of Articles 1 and 2 of Commission Decision
an address for service in Luxembourg at the French                  93/668/EC of 24 November 1993 relating to a proceeding
 ---pagebreak--- 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