CELEX: C1995/074/22
Language: en
Date: 1995-03-25 00:00:00
Title: Action brought on 19 January 1995 by Cantine dei Colli Berici Cooperative A.R.L. against the Commission of the European Communities (Case T-6/95)

25 . 3 . 95            EN                 Official Journal of the European Communities                                 No C 74/ 11
composed of A. Kalogeropoulos, President, and D. P. M.                      ORDER OF THE COURT OF FIRST INSTANCE
Barrington and K. Lenaerts, Judges; H. Jung, Registrar, has                                 of 6 February 1995
given a judgment on 2 February 1995, in which it:                    in Case T-460/93 DEP: Etienne Tête and Others v.
                                                                                     European Investment Bank ( x )
1 . annuls the decision of the President of the European                                      (Taxation of costs)
     Parliament of 16 June 1992 appointing Mrs X                                                  ( 95/C 74/21 )
     temporarily to the post of Language Adviser in the
     Danish Translation Division (Directorate-General for
     Translation and General Services);                                              (Language of the case: French)
2. orders the defendant to pay the costs.                            In Case T-460/93 DEP: Etienne Tête, residing at
                                                                     Caluire-et-Cuire ( France ), Jean-Pierre Raffin, residing at
                                                                     Paris, Felix Masola, residing at Villeurbanne ( France ),
0 ) OJ No C 34, 6 . 2 . 1993 .                                       Louis-Max Duplessy, residing at Villeurbanne,
                                                                     Marie-Louise Guigen, residing at Villeurbanne, Henri
                                                                     Chavaleyre, residing at Villeurbanne, Francois Meillasson,
                                                                     residing at Villeurbanne, Jean Margerand, residing at
                                                                     Villeurbanne, Jean-Claude                Pagand, residing   at
                                                                     Villeurbanne, Henri Alloix, residing at Villeurbanne,
                                                                     Groupe des Elus Verts au Conseil Regional, established at
                                                                     Charbonnières-les-Bains ( France ), Collectif Auto-stop,
    ORDER OF THE COURT OF FIRST INSTANCE                             established at Lyon ( France ), Association Sauvegarde de
                       (Fourth Chamber)                              l'Ouest Lyonnais, established at Caluire-et-Cuire,
                                                                     represented by Jean-Marc Bazy, of the Lyon Bar, with an
                      of 23 January 1995                             address for service in Luxembourg at the Chambers of
in Case T-84/94 : Bundesverband der Bilanzbuchhalter eV              Monique Wirion, 1 Place du Theatre v. European
      v. Commission of the European Communities ( J )                Investment Bank (Agents : L. La Marca and C. Turk ) —
                          (Admissibility)                            application for the taxation of costs following the order of
                                                                     the Court of First Instance of 26 November 1993 in Case
                           ( 95/C 74/20                              T-460/93 Tête and Others v. European Investment Bank —
                                                                     the Court of First Instance ( First Chamber, Extended
                                                                     Composition ), composed of: J. L. Cruz Vilaça, President, A.
              (Language of the case: German)
                                                                     Saggio, H. Kirschner, A. Kalogeropoulos and V. Tiili,
                                                                     Judges; H. Jung, Registrar, made an order on 6 February
In Case T-84/94 : Bundesverband der Bilanzbuchhalter eV,              1995 , the operative part of which is as follows :
established in Bonn ( Germany), represented by Joachim
Müller, Rechtsanwalt of Munich, with an address for                  the total amount ofthe costs recoverable by the defendant in
service in Luxembourg at the Chambers of Jean Wagener                 Case T-460/93 is set at Bfr 220 000.
and Alain Rukavina, 10A Boulevard de la Foire, against
Commission of the European Communities (Agents : M. J.
                                                                      f 1 ) OJ No C 339 , 22 . 12 . 1992 .
Jonczy and N. Lorenz ) — application for the annulment of
the Commission's decision of 4 November 1993 rejecting
the applicant's complaint seeking a declaration that the
German legislation on tax advisors infringes Articles 59 and
86 of the EC Treaty and that, by failing to take the necessary
applications in order to comply with the EC Treaty, the
Federal Republic of Germany has infringed Articles 5 and 90
of the EC Treaty — the Court of First Instance ( Fourth              Action brought on 19 January 1995 by Cantine dei Colli
Chamber ), composed of K. Lenaerts, President, R.                    Berici Cooperative A.R.L. against the Commission of the
Schintgen and R. García-Valdecasas, Judges; H. Jung,                                      European Communities
Registrar, made an order on 23 January 1995 , the operative                                      ( Case T-6/95 )
part of which is as follows :                                                                      ( 95/C 74/22 )
1 . the application is dismissed as inadmissible;                                     (Language of the case: Italian)
2 . the applicant shall pay the costs.                               An action against the Commission of the European
                                                                      Communities was brought before the Court of First
                                                                     Instance of the European Communities on 19 January 1995
0 ) OJ No C 120 , 30 . 4 . 1994.                                     by the Cantine dei Colli Berici Coop . A.R.L. , represented by
                                                                     Ivone Cacciavillani, of the Venice Bar, with an address for
                                                                     service in Luxembourg at the Chambers of Alain Lorang, 5 1
                                                                     Rue Albert I.
 ---pagebreak---  No C 74/12            EN                   Official Journal of the European Communities                                    25 . 3 . 95
 The applicant claims that the Court of First Instance                 proven unlawfulness of those measures that the contested
 should :                                                              measure extending the abovementioned Community
                                                                       obligation is also unlawful.
 — first require the defendant authorities to produce the
     documents asked for and specified, expressly subject to           The provisions imposing obligations are unlawful as a
     any supplementary measures,                                       consequence of the illegality of Article 39 (4) of Regulation
                                                                       (EEC) No 822/87 and the fourth indent of Article 4 (2) of
     and then                                                          Regulation (EEC) No 441 /88
 — annul Article 1 of Regulation (EEC) No 3151/94 (*) and              The applicant raises a preliminary plea based on the
     any other act connected to it and/or on which it is based,        lawfulness of Article 39 (4 ) of Regulation ( EEC) No 822/87,
     on the preliminary objection under Article 184 of the             in so far as it determines the quantity to be delivered for
     EEC Treaty that Article 39 (4 ) of Regulation ( EEC )             distillation by each producer; essentially, each producer is
     No 822/87, and the fourth indent of Article 4 (2 ) of             required to distil a certain percentage of the volume
     Regulation (EEC ) No 441/88 are invalid,                          produced, determined according to the 'yield Per hectare'.
                                                                       Since that rule is subject to absolutely no test calculated to
                                                                       demonstrate actual overproduction or the quality of the
 — order the unsuccessful party to pay the costs.                      product, it is clearly unsuitable for the pursuit of the
                                                                       Community's objectives, and it imposes excessive penalties
                                                                       on producers of good-quality wine who have in no way
 Pleas in law and main arguments                                       overproduced.
 Breach of Article 39 (1) of Council Regulation (EEC)                 With respect to the unlawfulness of the fourth indent of
 No 822/87                                                            Article 4 (2 ) of Regulation (EEC ) No 441/88 , the applicant
                                                                      criticizes the failure to divide Italy into several production
                                                                      regions, since that leads to failure to take account of the
The applicant claims that the contested provision is
                                                                      special characteristics of the Italian wine-producing areas in
 unlawful because it is not based on the legal premise that it
                                                                      terms of land, production, origin and development.
 should operate to remedy the imbalance of the current wine
year, as required in Article 39 ( 1 ) of the basic regulation; in
essence, it considers the abovementioned measure to be                 H OJ No L 332, 22 . 12 . 1994, p. 32 .
 unlawful inasmuch as the regulation seeks to restore the
 balance of the marketing year 1993/94 by fulfilment of the
obligation to distil in both the completed wine year 1993/94
and also during the new wine year 1994/95 .
Breach of the principle that Community acts should be
proportionate to their aim                                            Action brought on 23 January 1995 by Josef Lang against
                                                                      Council of the European Union and Commission of the
                                                                                          European Communities
The applicant claims that the Community legislature
wrongfully sought to restore the balance of the wine year                                      (Case T-7/95 )
 1993/94 by requiring a quantity of wine to be removed from                                     ( 95/C 74/23 )
the market not only for the completed wine year but also
during the new marketing year (the 1994/95 vintage is
already in). The applicant regards that measure as                                   (Language of the case: German)
manifestly and wholly ineffective, having regard to the aim
of the framework legislation; it claims that there is no doubt        An action against the Council of the European Union and
that the measure is insufficient to restore the balance of a
                                                                      Commission of the European Communities was brought
market ( by removing an excess of supply compared to                  before the Court of First Instance of the European
expected demand) for the last wine year. The measure                  Communities on 23 January 1995 by Josef Lang, Burggen
therefore appears not to be 'appropriate and necessary' for           ( Federal Republic of Germany), represented by Bernd
the attainment of the objective pursued .                             Meisterernst, Mechtild Diising, Dietrich Manstetten, Frank
                                                                      Schulze and Winfried Haneklaus, Rechtsanwalte, Miinster,
                                                                      with an address for service in Luxembourg at the Chambers
Unlawful for lack of grounds                                          of Dupong & Associes, 14a Rue des Bains .
The applicant points out that the compulsory distillation
prescribed by the European Communitiy for the wine year               The applicant claims that the Court should :
1993/94 is a serious breach of the Community rules
governing the common organization of the wine market and              1 . order the defendants jointly to pay to the applicant
the principles on which the Community legal order is based.                SLOM I compensation for the period from 1 1 February
In the applicant's opinion, it follows from the manifest and               1986 to 29 March 1989 in the amount of DM 88 805,