CELEX: C1998/327/31
Language: en
Date: 1998-10-24 00:00:00
Title: Designation of the Presidents of Chamber, and the composition of the Chambers

24.10.98              EN                Official Journal of the European Communities                               C 327/17
Pleas in law and main arguments adduced in support:                      Removal from the register of Case C-334/96 (1)
                                                                                           (98/C 327/28)
Article 189 of the EC Treaty, under which a directive shall
be binding, as to the result to be achieved, upon each
Member State, carries by implication an obligation on the          By order of 23 July 1998 the President of the Court of
Member States to observe the period for compliance laid            Justice of the European Communities has ordered the
down in the directive. That period expired on 1 September          removal from the register of Case C-334/96 (reference
1995 without Ireland having enacted the provisions                 for a preliminary ruling from the Verwaltungsgericht,
necessary to comply with the directive referred to in the          Düsseldorf): Stadt Dormagen v Bezirksregierung
conclusions of the Commission.                                     Düsseldorf.
(1) OJ L 100, 19.4.1994, p. 1.
                                                                   (1) OJ C 370, 7.12.1996.
      Removal from the register of Case C-123/97 (1)
                         (98/C 327/27)                                   Removal from the register of Case C-357/97 (1)
                                                                                           (98/C 327/29)
By order of 17 July 1998 the President of the Court of
Justice of the European Communities has ordered the
removal from the register of Case C-123/97 (reference for          By order of 24 August 1998 the President of the Court of
a preliminary ruling from the Pretura Circondariale di             Justice of the European Communities has ordered the
Padova): Tommaso Nalon v Ente Poste Italiane.                      removal from the register of Case C-357/97: Commission
                                                                   of the European Communities v Ireland.
(1) OJ C 166, 31.5.1997.
                                                                   (1) OJ C 370, 6.12.1997.
                                                  COURT OF FIRST INSTANCE
   Election of the President of the Court of First Instance            Ð Mr Cooke,
                         (98/C 327/30)
                                                                       Ð Mr Jaeger.
At their meeting on 17 September 1998 the Judges of the
Court of First Instance elected, pursuant to Article 7 of
the Rules of Procedure, Judge Bo Vesterdorf as President           B. to assign the Members of the Court of First Instance
of the Court of First Instance for the period from                     to the Chambers as follows:
17 September 1998 to 31 August 2001.
                                                                       to the First Chamber:
                                                                       Mr Vesterdorf (President), Mr Pirrung and Mr Vilaras,
Designation of the Presidents of Chamber, and the                      Judges;
                composition of the Chambers
                         (98/C 327/31)
                                                                       to the First Chamber, Extended Composition:
At its meeting on 21 September 1998, the Court of First
Instance decided, pursuant to Article 2(4) of the Council
Decision of 24 October 1988 and Articles 10 and 15 of                  Mr Vesterdorf (President), Mr Bellamy, Mr Pirrung,
the Rules of Procedure of the Court of First Instance, in              Mr Meij and Mr Vilaras, Judges;
respect of the period between 21 September 1998 and
30 September 1999:
                                                                       to the Second Chamber:
A. to designate as Presidents of Chamber:
    Ð Mr Potocki,
                                                                       Mr Potocki (President of Chamber), Mr Bellamy and
    Ð Mr Moura Ramos,                                                  Mr Meij, Judges;
 ---pagebreak--- C 327/18             EN                Official Journal of the European Communities                                   24.10.98
    to the Second Chamber, Extended Composition:                  1. (a) Actions concerning the implementation of the
                                                                            rules on State aid or the rules on trade protection
                                                                            measures shall be assigned, with effect from the
    Mr Potocki (President of Chamber), Mr Lenaerts, Mr                      lodging of the application and without prejudice
    Bellamy, Mr Azizi and Mr Meij, Judges;                                  to any subsequent application of Articles 14 and
                                                                            51 of the Rules of Procedure, to Chambers with
    to the Third Chamber:                                                   an extended composition of five Judges.
    Mr Jaeger (President of Chamber), Mr Lenaerts and                 (b) All other cases shall be assigned, with effect from
    Mr Azizi, Judges;                                                       the lodging of the application and without
                                                                            prejudice to any subsequent application of
                                                                            Articles 14 and 51 of the Rules of Procedure, to
    to the Third Chamber, Extended Composition:
                                                                            Chambers of three Judges.
    Mr Jaeger (President of Chamber), Mr Lenaerts, Ms
    Tiili, Mr Azizi and Mr Mengozzi, Judges;                      2. The cases referred to in paragraphs 1(a) and 1(b) shall
                                                                      be allocated between the Chambers as follows:
    to the Fourth Chamber:
                                                                      (a) Cases referred to in paragraph 1(a) shall be
    Mr Moura Ramos (President of Chamber), Ms Tiili                         assigned in turn, according to the order in which
    and Mr Mengozzi, Judges;                                                they are registered at the Court Registry, to the
                                                                            First, Second, Third, Fourth and Fifth Chambers,
                                                                            Extended Composition;
    to the Fourth Chamber, Extended Composition:
                                                                      (b) Cases concerning intellectual property, as referred
    Mr Moura Ramos (President of Chamber), Mr García-
                                                                            to in Article 130(1) of the Rules of Procedure of
    Valdecasas, Ms Tiili, Ms Lindh and Mr Mengozzi,
                                                                            the Court of First Instance, shall be assigned,
    Judges;
                                                                            according to the order in which they are
                                                                            registered at the Court Registry, to the Second
    to the Fifth Chamber:                                                   and Fourth Chambers;
    Mr Cooke (President of Chamber), Mr García-                       (c)   The other cases referred to in paragraph 1(b)
    Valdecasas and Ms Lindh, Judges;                                        shall be assigned to the First, Second, Third,
                                                                            Fourth and Fifth Chambers. Such assignment is to
    to the Fifth Chamber, Extended Composition:                             be effected on the basis of three separate rotas,
                                                                            reflecting the order in which the cases are
                                                                            registered at the Court Registry:
    Mr Cooke (President of Chamber), Mr García-
    Valdecasas, Ms Lindh, Mr Pirrung and Mr Vilaras,                        Ð for the cases referred to in Article 179 of the
    Judges.                                                                     EC Treaty and Article 152 of the EAEC
                                                                                Treaty,
Cases pending before the present Chambers have been
reallocated with effect from 21 September 1998 to the                       Ð for the cases concerning the implementation
Chamber, composed of the same number of Judges, of                              of the rules on competition applicable to
which the Judge Rapporteur in each particular case is a                         undertakings,
member.
                                                                            Ð for the other cases covered by paragraph 1(b).
However, for cases in which the written procedure was
completed, and a hearing in the oral procedure was held
or fixed before 21 September 1998, the Chamber shall              For the purposes of the rota referred to in the first indent
continue to sit with the same composition as before for           of paragraph 2(c), the assignment of cases concerning
the oral procedure, the deliberation and the judgment             intellectual property to the Second and Fourth Chambers
                                                                  on the basis of the rota referred to in paragraph 2(b) shall
                                                                  be compensated for by the assignment of cases to the
Criteria for assigning cases to the Chambers                      First, Third and Fifth Chambers on a pro rata basis.
At its meeting on 21 September 1998, the Court of First
Instance established the following criteria for the               For the purposes of the rotas referred to in paragraphs
assignment of cases to the Chambers for the period ending         2(a) and 2(c), the First Chamber and the First Chamber,
30 September 1999, pursuant to Article 12 of the Rules of         Extended Composition, presided over by the President of
Procedure:                                                        the Court of First Instance, shall not be included in those
 ---pagebreak--- 24.10.98              EN                 Official Journal of the European Communities                                   C 327/19
lists every third time the end of a rota is reached in respect      Chamber, Extended Composition), composed of: B.
of cases covered by the first indent of paragraph 2(c), or          Vesterdorf, President, C. P. BrieÈt, P. Lindh, A. Potocki and
every sixth time the end of the rota is reached in respect          J. D. Cooke, Judges; J. Palacio GonzaÂlez, Administrator,
of cases covered by paragraph 2(a) and the second and               for the Registrar, has given a judgment on 16 September
third indents of paragraph 2(c).                                    1998, in which it:
The President of the Court of First Instance may derogate           1. Declares that the case need not proceed to judgment;
from that order on the ground that cases are related or
with a view to ensuring an even spread of the workload.
                                                                    2. Orders each party to bear its own costs.
Plenary session
                                                                    (1) OJ C 119, 13.5.1995.
At its meeting on 21 September 1998, the Court of First
Instance decided pursuant to the second subparagraph of
Article 32(1) of the Rules of Procedure of the Court of
First Instance that where, following the designation of an
Advocate General pursuant to Article 17 of the Rules of
Procedure, there is an even number of Judges in the Court
                                                                      JUDGMENT OF THE COURT OF FIRST INSTANCE
of First Instance sitting in plenary session, the rota
established in advance in accordance with which the                                      of 16 September 1998
President of the Court is to designate the Judge who will
not take part in the judgment of the case shall be in               in Case T-110/95: International Express Carriers
reverse order to that in which the Judges rank according            Conference (IECC) v Commission of the European
to their seniority in office under Article 6 of the Rules of                                Communities (1)
Procedure unless the Judge who would thus be designated
                                                                    (Competition Ð Remail Ð Action for annulment Ð
is the Judge-Rapporteur. In that event, it shall be the Judge
                                                                       Partial rejection of a complaint Ð Community interest)
ranking immediately above him who shall be designated.
                                                                                             (98/C 327/33)
                                                                                    (Language of the case: English)
  JUDGMENT OF THE COURT OF FIRST INSTANCE                           In Case T-110/95: International Express Carriers
                    of 16 September 1998                            Conference (IECC), having its headquarters in Geneva
                                                                    (Switzerland), represented by EÂric Morgan de Rivery, of
in Case T-28/95: International Express Carriers                     the Paris Bar, and Jacques Derenne, of the Brussels and
Conference (IECC) v Commission of the European                      Paris Bars, with an address for service in Luxembourg at
                       Communities (1)                              the Chambers of Alex Schmitt, 62 Avenue Guillaume,
(Competition Ð Action for a declaration of failure to act           against Commission of the European Communities
       Ð No need for the case to proceed to judgment)               (Agents: initially Francisco Enrique GonzaÂlez-Díaz and
                                                                    Rosemary Caudwell, subsequently Rosemary Caudwell,
                        (98/C 327/32)                               Fabiola Mascardi and Nicholas Forwood), supported by
                                                                    United Kingdom of Great Britain and Northern Ireland
                                                                    (Agents: Stephanie Ridley, and, during the oral procedure,
                (Language of the case: English)                     also Nicholas Green), La Poste, represented by HerveÂ
                                                                    Lehman and Sylvain Rieuneau, of the Paris Bar, with an
                                                                    address for service in Luxembourg at the Chambers of
In Case T-28/95: International Express Carriers                     Aloyse May, 31 Grand-Rue, and The Post Office,
Conference (IECC), having its headquarters in Geneva                represented by Ulick Bourke, Solicitor of the Supreme
(Switzerland), represented by EÂric Morgan de Rivery, of            Court of England and Wales, and, during the oral
the Paris Bar, and Jacques Derenne, of the Brussels and             procedure, also by Stuart Isaacs and Sarah Moore,
Paris Bars, with an address for service in Luxembourg at            Barristers, with an address for service in Luxembourg at
the Chambers of Alex Schmitt, 62 Avenue Guillaume,                  the Chambers of Loesch and Wolter, 11 Rue Goethe Ð
against Commission of the European Communities                      application for the annulment of the Commission decision
(Agents: initially Francisco Enrique GonzaÂlez-Díaz and             of 17 February 1995 definitively rejecting that part of the
Rosemary Caudwell, and subsequently Rosemary                        complaint filed by the applicant on 13 July 1988
Caudwell and Fabiola Mascardi) Ð application for a                  denouncing a price-fixing agreement concluded in October
declaration that, in failing to define its position on the          1987 by a number of public postal operators Ð the Court
applicant's complaint based on Articles 85 and 86 of the            of First Instance (Third Chamber, Extended Composition),
EC Treaty (IV/32.791 Ð Remail), the Commission has                  composed of: B. Vesterdorf, President, C. P. BrieÈt, P.
failed to act Ð the Court of First Instance (Third                  Lindh, A. Potocki and J. D. Cooke, Judges; J. Palacio