CELEX: C1998/055/57
Language: en
Date: 1998-02-20 00:00:00
Title: Action brought on 8 December 1997 by Masotti and Others against the Commission of the European Communities (Case T-312/97)

C 55/28                EN                Official Journal of the European Communities                                    20.2.98
The applicant claims that the Court should:                         Ð breach of the order of preference established by the
                                                                        EC Treaty in favour of OCT goods,
Ð annul Council Decision 97/803/EC of 24 November
     1997 (OJ L 329, 29.11.1997, p. 50) pursuant to                 Ð infringement of Article 85 of the OCT Decision in
     Articles 173 and 174 of the EC Treaty,                             conjunction with Annex XXXII to the LomeÂ
                                                                        Convention,
     or, in the alternative,
                                                                    Ð infringement of Article 18 of the Vienna Convention
                                                                        on the Law of Treaties.
Ð annul paragraphs 31, 32, 53 (in so far as it concerns
     Article 232(1), first and second indents), 54 and 55 of
                                                                    (1) OJ L 263, 19.9.1991, p. 1.
     Article 1 of Council Decision 97/803/EC of
     24 November 1997 (OJ L 329, 29.11.1997, p. 50)
     pursuant to Articles 173 and 174 of the EC Treaty,
     and
                                                                    Action brought on 8 December 1997 by Masotti and
Ð order the Council to pay the costs.                               Others against the Commission of the European
                                                                                             Communities
                                                                                           (Case T-312/97)
Pleas in law and main arguments adduced in support:
                                                                                             (98/C 55/57)
The contested Decision (hereinafter the Decision') amends
Decision 91/482/EEC on the association of the overseas                             (Language of the case: Italian)
countries and territories with the EEC (1) (hereinafter the
OCT Decision') by supplementing a number of
                                                                    An action against the Commission of the European
provisions. As the OCT Decision is addressed to the
                                                                    Communities was brought before the Court of First
Netherlands Antilles pursuant to Articles 237 and 238 of
                                                                    Instance of the European Communities on 8 December
the OCT Decision and Annex I to that Decision, expressly
                                                                    1997 by Masotti srl, Masotti Ermidio, F.lli Pevere
listing the Netherlands Antilles as one of the OCT, the
                                                                    autotrasporti srl, Giacomo Folicaldi & figli snc, Tam
Decision modifies the rights and obligations of the
                                                                    Alceo di Tam Pierluigi, Nuova Friultrasport srl, Del
applicant, in particular the preferential treatment of goods
                                                                    Fabbro Rudi e del Fabbro Raffaele, Assisped srl,
originating in the OCT and the system for minimum
                                                                    Castagnara Trasporti srl, Castelletti Ezio autotrasporti di
export prices.
                                                                    Castelletti Ezio & C. sas, Cesca Nazzario, Cesca Roberto,
                                                                    D. & G. Spedizioni srl, Tracev srl, S. N. U. A. srl, Tecno
The applicant fears that it will suffer substantial damage          Trasport srl, Italspurghi ecologia srl, Tib-cunja srl,
and be deprived of a valuable tool for its social and               Grusovin Edoardo, La Goriziana srl, Luigi Kodermac
economic development.                                               succ. srl, Autotrasporti Kusterle srl, Romano Caprara srl,
                                                                    Gia.Tra.Gianesini trasporti srl, Autotrasporti Ribi SpA,
                                                                    Mattia Winkler srl, Interbartolo SpA, Paolo Ceriani
The pleas in law raised by the applicant to contest the             Autotrasporti srl, Trasporti teatrali di Paoletti Roberto &
Decision concern lack of competence, breach of essential            C. snc, Gianesini Erminio srl, Mar-Ter spedizioni SpA,
procedural requirements and infringements of the                    represented by Roberto Petiziol and Alessandra Pergolese,
EC Treaty, of provisions implementing the EC Treaty and/            of the Udine Bar, with an address for service at their
or general principles of Community law. In particular, the          Chambers at Udine, via Ginnasio Vecchio, 6.
applicant puts forward the following pleas:
                                                                    The applicants claim that the Court should:
Ð lack of competence ratione temporis,
                                                                    Ð annul Commission Decision C(97) 2735 final of
Ð breach of Articles 131(3), 132(1) and (5), 133(1),                    30 July 1997,
     136(2) and 227(1) of the EC Treaty,
                                                                    Ð in the alternative, annul Article 5 of that Decision
Ð breach of the principle of legal certainty,                           inasmuch as it requires the Member State to recover
                                                                        the aid (granted as from 1 July 1990), together with
                                                                        the interest accrued as from the date on which the aid
Ð breach of Article 3(r) of the EC Treaty in conjunction                was paid,
     with Article 131(2) of the EC Treaty,
                                                                    Ð in any event, order the Commission of the European
Ð breach of the principle of proportionality,                           Communities to pay the costs.
 ---pagebreak--- 20.2.98                EN                    Official Journal of the European Communities                                      C 55/29
Pleas in law and main arguments adduced in support:                     Pleas in law and main arguments adduced in support:
The pleas in law and main arguments are similar to those                The pleas in law and main arguments are similar to those
relied upon in Case T-288/97 Regione Friuli-Venezia                     relied upon in Case T-288/97 Regione Friuli-Venezia
Giulia v. Commission (1).                                               Giulia v. Commission (1).
(1) Not yet published in the Official Journal.                          (1) Not yet published in the Official Journal.
Action brought on 11 December 1997 by Anna Maria                        Action brought on 17 December 1997 by Dalmine SpA
Baldo and Others against the Commission of the                             against the Commission of the European Communities
                    European Communities                                                        (Case T-596/97)
                        (Case T-313/97)
                                                                                                  (98/C 55/59)
                          (98/C 55/58)
                                                                                       (Language of the case: English)
                (Language of the case: Italian)
                                                                        An action against the Commission of the European
An action against the Commission of the European                        Communities was brought before the Court of First
Communities was brought before the Court of First                       Instance of the European Communities on 17 December
Instance of the European Communities on 11 December                     1997 by Dalmine SpA, represented by Fabrizio Arossa,
1997 by Mr and Mrs Baldo Anna Maria, Lena Livio,                        Avvocato, and Rachel Brandenburger, Solicitor of
Peresson Francesco, Burello Angelo, Iuretig Ugo, Buiatti                Freshfields, with an address for service in Luxembourg at
Gianfranco, Buiatti Eligio, Koren Alberto, Plesnicar Luigi,             the office of Elvinger, Hoss and Prussen, 2 place Winston
Marega Antonella, Interbartolo Gandolfo, Bandelli Luigi,                Churchill, Luxembourg.
Minutillo Vincenzo, Pontarini Roberto, Misson Luigi,
Ferro Luigi, Zanin Mario Tristano, Krt Narcizo, Nicoletti
                                                                        The applicant claims that the Court should:
Renato, Damiani Gilberto, Bergamo Giuseppe, Frosutto
Renato, Zanin Lucio, Smoljan Liberato, De Monte
Gianantonio, Liva Guido, Dominutti Giancarlo, Taboga                    Ð on the grounds more particularly set out in the
Silvio, Mini Dino, Agostinis Luigi, Fontana Silvano,                         application, annul Articles 2 and 4 of Commission
Caruzzi Luciano, Di Bidino Amabile, Tomasin Renzo,                           Decision C(97) 3036 of 6 October 1997 in so far as
Narduzzi Sereno, Collorigh Edo, Rizzi Giuliano, Coppola                      these Articles relate to the applicant,
Aurelio, Piron Robertino, Amerio Paolo (ditta Amerio
Carlo & c.), Amerio Paolo (ditta Percotrans di Paolo
Amerio & c.), Murello Aurelio, Aristone Claudio, Budola                 Ð order the Commission to pay the costs.
Giuliano, Coppola Aurelio, Deganis Luciano, Fantini
Enzo, Uboldi Attilio, Culino Paolino, Bernardis Arrigo,
                                                                        Pleas in law and main arguments adduced in support:
Miniussi Alfio, Monai Patrizia, Cok Celeste, Di Vora
Angelo, represented by Vincenzo Cinque and Luciana
Candriella, of the Udine Bar, with an address for service at            The applicant, a public limited company incorporated
the Chambers of Luciana Candriella, aÁ Udine, via                       under Italian law, partially challenges a Decision arising
Morpurgo, 34.                                                           out of an investigation by the Commission into alleged
                                                                        infringements of Article 85 of the EC Treaty by producers
                                                                        of steel tubes. According to the applicant, even though
The applicant claims that the Court should:                             Article 4 of the contested Decision formally mentions
                                                                        three addressees, the same provision shows that the
Ð annul Commission Decision C(97) 2735 final of                         Commission has attempted to notify the Decision to
     30 July 1997,                                                      Siderca Saic, an indirect parent company of the applicant,
                                                                        and to the Techint Group', both established in Argentina,
                                                                        by delivering it to the applicant at its registered address.
Ð in the alternative, annul Article 5 of that Decision
     inasmuch as it requires the Member State to recover
     the aid (granted as from 1 July 1990), together with               The applicant submits in this regard that the Commission
     the interest accrued as from the date on which the aid             has infringed an essential procedural requirement, misused
     was paid,                                                          its powers and infringed the EC Treaty and the rules
                                                                        relating to its application, since it is not entitled to send a
                                                                        request for information to third parties by way of a
Ð in any event, order the Commission of the European                    Decision pursuant to Article 11(5) of Regulation No 17
     Communities to pay the costs.                                      notified to the applicant and to require the latter to pass