CELEX: C1999/188/62
Language: en
Date: 1999-07-03 00:00:00
Title: Order of the Court of First Instance of 22 March 1999 in Case T-105/98 Rainer Dumont du Voitel v Council of the European Union (Council Decision 98/319/EC of 27 April 1998 on the procedures whereby officials and employees of the General Secretariat of the Council may be allowed access to classified information held by the Council - Action for annulment - Inadmissibility)

C 188/26                EN                      Official Journal of the European Communities                                          3.7.1999
                                                          COURT OF FIRST INSTANCE
        ORDER OF THE COURT OF FIRST INSTANCE                               whose registered office is at Cabestany (France), represented
                                                                           by Nicolas Boespflug, of the Paris Bar, 22 Rue Lalo, Paris, v
                         of 17 March 1999                                  Commission of the European Communities (Agents: José Luis
                                                                           Iglesias Buhigues and Jean-Francis Pasquier), supported by the
in Joined Cases T-163/94 and T-165/94 (92), NTN Corpor-                    Kingdom of Spain, represented by Paloma Plaza Garcı́a,
ation and Koyo Seiko Co. Ltd. v Council of the European                    Abogado del Estado, of its Community Affairs Legal Depart-
                              Union (1)                                    ment, acting as Agent, with an address for service in Luxem-
                                                                           bourg at the Spanish Embassy, 4-6 Boulevard Emmanuel
               (Taxation of costs — Inadmissible)                          Servais — application for annulment of Commission Regu-
                                                                           lation (EC) No 1107/96 of 12 June 1996 on the registration
                                                                           of geographical indications and designations of origin under
                          (1999/C 188/60)                                  the procedure laid down in Article 17 of Council Regulation
                                                                           (EEC) No 2081/92 (OJ 1996 L 148, p. 1) in so far as it
                    (Language of the case: English)                        registered the names Turrón de Jijona and Turrón de Alicante
                                                                           as protected geographical indications — the Court of First
In Joined Cases T-163/94 and T-165/94 (92), NTN Corpor-                    Instance (First Chamber), composed of B. Vesterdorf (President
ation, established at Osaka, represented by Jürgen Schwarze                of the Chamber), and J. Pirrung and M. Vilaras, Judges; H. Jung,
and Malte Sprenger, Rechtsanwalt, Düsseldorf, with an address              Registrar, has given an order on 26 March 1999 in which it:
for service in Luxembourg at the Chambers of Claude Penning,
78 Grand-Rue, and Koyo Seiko Co. Ltd, established at Osaka,                1. Dismisses the application as inadmissible;
represented by Jacques Buhart, of the Paris Bar, and Charles
Kaplan, Barrister, with an address for service in Luxembourg               2. Orders the applicants to bear their own costs and those of the
at the Chambers of Arendt and Medernach, 8-10 Rue Mathias                       Commission, and orders the intervener to bear its own costs.
Hardt, against Council of the European Union (Agent: Stephan
Marquardt), application for taxation of costs made by NTN
Corporation following the judgment of the Court of First                   (1) OJ No C 269 (14.9.1996).
Instance of 2 May 1995 in Joined Cases T-163/94 and
T-165/94 NTN Corporation and Koyo Seiko v Council [1995]
ECR II-1381, the Court (Fifth Chamber, Extended Compo-
sition), composed of J.D. Cooke, President, R. Garcı́a-
Valdecasas, P. Lindh, J. Pirrung and M. Vilaras, Judges; Registrar:
H. Jung, made an order on 17 March 1999, the operative part
of which is as follows:
1) The application by NTH Corporation is dismissed as inadmis-                   ORDER OF THE COURT OF FIRST INSTANCE
      sible.
                                                                                                 of 22 March 1999
( 1) OJ No C 29 of 2 February 1993.
                                                                           in Case T-105/98 Rainer Dumont du Voitel v Council of
                                                                                               the European Union (1)
                                                                           (Council Decision 98/319/EC of 27 April 1998 on the
                                                                           procedures whereby officials and employees of the General
        ORDER OF THE COURT OF FIRST INSTANCE                               Secretariat of the Council may be allowed access to classified
                                                                           information held by the Council — Action for annulment —
                         of 26 March 1999                                                          Inadmissibility)
in Case T-114/96 Biscuiterie-confiserie LOR SA and                                                (1999/C 188/62)
Another v Commission of the European Communities
                           and Another (1)
                                                                                             (Language of the case: French)
(Actions for annulment — Regulation (EC) No 1107/96 —
Registration of geographical indications — ‘Turrón de Jijona’
    and ‘Turrón de Alicante’ — Locus standi – Inadmissible)               Application, in Case T-105/98, Rainer Dumont du Voitel, an
                                                                           official at the Council of the European Union resident at
                          (1999/C 188/61)                                  Vossem-Tervuren, Belgium, represented by Pierre-Paul Van
                                                                           Gehuchten and Jacques Sambon, of the Brussels Bar, with an
                                                                           address for service in Luxembourg at the Chambers of Louis
                     (Language of the case: French)                        Schiltz, 2 Rue du Fort Rheinsheim against the Council of the
                                                                           European Union (Agents: Jean-Paul Jacqué and Diego Canga
In Case T-114/96 Biscuiterie-confiserie LOR SA, whose regis-               Fano), for annulment of Council Decision 98/319/EC of
tered office is at Perpignan (France) and Confiserie du Tech SA,           27 April 1998 relating to the procedures whereby officials and
 ---pagebreak--- 3.7.1999              EN                      Official Journal of the European Communities                                        C 188/27
employees of the General Secretariat may be allowed access to            emergency aid on the basis of Articles 147(b) and 164 of
classified information held by the Council (OJ 1998 L 140                Council Decision 91/482/EEC of 25 July 1991 on the associ-
p. 12). The Court (Third Chamber) composed of M. Jaeger,                 ation of the overseas countries and territories with the
President, K. Lenaerts and J. Azizi, Judges, and H. Jung,                European Economic Community. (1)
Registrar, made an order on 22 March 1999, the operative
part of which provides:
                                                                         By letter of 17 February 1999, that request was refused on the
                                                                         ground that, according to the regulations and decisions of the
1. The action is dismissed as inadmissible.                              Council, such aid could not be granted directly to private
                                                                         individuals or private undertakings.
2. The applicant is to be bear the costs.
                                                                         The applicant submits that that decision is incompatible with
(1) OJ 1998 No C 299.                                                    the abovementioned Decision 91/482/EEC and with the
                                                                         Declaration of the European Parliament, the Council and the
                                                                         Commission of 11 June 1986 against racism and xeno-
                                                                         phobia (2) and does not take into account Article 92(2)(a) of
                                                                         the EC Treaty.
                                                                         (1) OJ L 263,19.9.91, p. 1.
                                                                         (2) OJ C 158, 25.6.86, p. 1.
Action brought on 10 March 1999 by Karl L. Meyer
  against the Commission of the European Communities
                          (Case T-71/99)
                         (1999/C 188/63)
                                                                         Action brought on 10 March 1999 by Karl L. Meyer
                                                                           against the Commission of the European Communities
                   (Language of the case: French)
                                                                                                   (Case T-72/99)
An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 10 March 1999 by Karl L. Meyer,                                           (1999/C 188/64)
of Uturoa, Raiatea, French Polynesia, represented by Jean-
Dominique des Arcis, of the Papeete Bar, with an address
for service in Luxembourg at the offices of Mr Pakowski,                                    (Language of the case: French)
20-22 Avenue Emile Reuter.
                                                                         An action against the Commission of the European Communi-
The applicant claims that the Court should:                              ties was brought before the Court of First Instance of the
                                                                         European Communities on 10 March 1999 by Karl L. Meyer,
— hold that the content of the letter of Directorate-General             of Uturoa, Raiatea, French Polynesia, represented by Jean-
    VIII of 17 February 1999 is incompatible with both the               Dominique des Arcis, of the Papeete Bar, with an address for
    applicable legislation of and fundamental rights in the              service in Luxembourg at the offices of Mr Pakowski, 20-22
    European Union, and order that institution to comply                 Avenue Emile Reuter.
    properly, and without the exercise of discretion, with the
    content and spirit of Council Decision 91/482/EEC of
    25 July 1991 and Article 92(2)(a) of the Treaty of Rome;             The applicant claims that the Court should:
— hold that the European Commission is liable to the                     — hold that the EDF Agency of the Commission is, by its
    applicant for failure to comply with the above-mentioned                 inaction, guilty of a culpable failure to fulfil an obligation,
    European provisions;                                                     compounded by a failure to satisfy a legitimate expectation;
— in addition, order the Commission to pay the applicant the             — hold that the EDF Agency of the Commission failed to
    sum of FRF 20 000 in respect of irrecoverable costs which                fulfil its obligation to ensure the application of the
    he had to incur to protect his interests.                                provisions adopted by it;
                                                                         — find that the applicant has suffered damage in the sum of
                                                                             FRF 181 518, and order that the said sum, due as of 1992,
Pleas in law and main arguments                                              be paid together with interest on account of delay;
The applicant, who is the owner of a plantation in French                — in addition, order the Commission to pay the applicant the
Polynesia, states that, following a series of natural disasters, he          sum of FRF 20 000 in respect of irrecoverable costs which
applied to the Commission’s Directorate-General VIII for                     he had to incur to protect his interests.