CELEX: C1999/246/59
Language: en
Date: 1999-08-28 00:00:00
Title: Order of the Court of First Instance of 29 March 1999 in Case T-77/96: Garage Massol v Commission of the European Communities (Competition - Action for failure to act brought against the Commission for failure to follow up a complaint - No need to adjudicate - Application for annulment - Application for damages - Manifestly inadmissible)

C 246/28                EN                     Official Journal of the European Communities                                      28.8.1999
    JUDGMENT OF THE COURT OF FIRST INSTANCE                               service in Luxembourg at the Chambers of Loesch and Wolter,
                                                                          11 Rue Goethe, against Council of the European Union
                         of 25 March 1999                                 (Agents: initially Yves Cretien, Legal Adviser, and Antonio
                                                                          Tanca, then solely Mr Tanca, assisted by Hans-Jürgen Rabe and
                                                                          Georg M. Berrisch), supported by Commission of the European
in Case T-76/98: Claudine Hamptaux v Commission of the                    Communities, (Agent: Nicholas Khan) and Furfural Español
                   European Communities (1)                               SA, established in Alcantarilla (Spain), represented by José
                                                                          Rivas de Andrés, of the Madrid Bar, with an address for service
(Officials — Promotion — Consideration of comparative                     in Luxembourg at the Chambers of Arsène Kronshagen, 12
                               merits)                                    Rue Marie Adélaïde — application for taxation of the costs to
                                                                          be paid by the applicant to the intervener Furfural Español SA,
                          (1999/C 246/57)                                 following the judgment of the Court of First Instance of 29
                                                                          January 1998 in Case T-97/95 Sinochem v Council [1998]
                                                                          ECR II-85 — the Court of First Instance (Fifth Chamber),
                    (Language of the case: French)                        composed of J.D. Cooke, President, R. Garcı́a-Valdecasas, P.
                                                                          Lindh, J. Pirrung and M. Vilaras, Judges; H. Jung, Registrar,
                                                                          made an order on 22 March 1999, the operative part of which
In Case T-76/98: Claudine Hamptaux, an official of the                    is as follows:
Commission of the European Communities, residing in Brus-
sels, represented by Lucas Vogel, of the Brussels Bar, with an
address for service in Luxembourg at the Chambers of Christian            The total amount of costs to be reimbursed by the applicant to the
Kremer, 6 Rue Heinrich Heine, v Commission of the European                intervener Furfural Español SA is fixed at BEF 331 238.
Communities (Agents: Christine Berardis-Kayser and Florence
Duvieusart-Clotuche) — application, first, for annulment of
the decision of the Commission not to promote the applicant               (1) OJ 1995 C 159.
to grade B 2 in the 1997 promotions procedure and, second,
for an order requiring the defendant to pay compensation
amounting to BEF 833 000 — the Court of First Instance
(Fourth Chamber), composed of: R.M. Moura Ramos, President,
and V. Tiili and P. Mengozzi, Judges; A. Mair, Administrator,
for the Registrar, has given a judgment on 25 March 1999, in
which it:
                                                                                 ORDER OF THE COURT OF FIRST INSTANCE
1. Annuls the Commissions’ decision not to promote the applicant
     to grade B 2 in the 1997 promotions procedure;
                                                                                                  of 29 March 1999
2. Dismisses the claim for damages;
                                                                          in Case T-77/96: Garage Massol v Commission of the
3. Orders the Commission to pay the costs.                                                   European Communities (1)
(1) OJ C 234 of 25.7.1998.                                                (Competition — Action for failure to act brought against
                                                                          the Commission for failure to follow up a complaint —
                                                                          No need to adjudicate — Application for annulment —
                                                                              Application for damages — Manifestly inadmissible)
                                                                                                   (1999/C 246/59)
       ORDER OF THE COURT OF FIRST INSTANCE
                                                                                              (Language of the case: French)
                         of 22 March 1999
                                                                          In Case T-77/96: Garage Massol, established in Fréjairolles
in Case T-97/95 (92): Sinochem National Chemicals                         (France), represented by Jean Louis Portolano, of the Aix en
Import & Export Corporation v Council of the European                     Provence Bar, with an address for service in Luxembourg at
                             Union (1)                                    the Chambers of Nathan Roy, 18 Rue des Glacis, against the
                                                                          Commission of the European Communities (Agents: initially,
                        (Taxation of costs)                               Giuliano Marenco and Guy Charrier, subsequently Giuliano
                                                                          Marenco and Loïc Guérin) — application for a declaration that
                                                                          the Commission failed, contrary to the Treaty, to decide on
                          (1999/C 246/58)                                 the compliant lodged by the applicant, pursuant to Article 3(2)
                                                                          of Regulation No 17 of the Council of 6 February 1962, First
                                                                          regulation implementing Articles 85 and 86 of the Treaty (OJ,
                   (Language of the case: English)                        English Special Edition 1959-62, p. 87), annulment of an
                                                                          alleged implied rejection by the Commission of that complaint,
In Case T-97/95 (92): Sinochem National Chemicals Import &                annulment of an implied refusal to send to the applicant
Export Corporation, established in Beijing, represented by                certain documents in the file and an application seeking
Jean-François Bellis, of the Brussels Bar, with an address for            compensation for damage suffered — the Court of First
 ---pagebreak--- 28.8.1999             EN                      Official Journal of the European Communities                                          C 246/29
Instance (First Chamber), composed of B. Vesterdorf, President           amended, in so far as the effect of those provisions is to limit
of the Chamber, J. Pirrung and M. Vilaras, Judges; H. Jung,              imports into the Community of sugar originating in the
Registrar, made an order on 29 March 1999, the operative                 overseas countries and territories — the President of the Court
part of which is as follows:                                             of First Instance made an order on 30 April 1999, the
                                                                         operative part of which is as follows:
1. There is no longer any need to adjudicate as to the failure to act.
2. The remainder of the application is dismissed as inadmissible.        1. Operation of Article 108b of Council Decision 91/482/EEC of
                                                                            25 July 1991 on the association of the overseas countries
3. Each party shall bear its own costs.                                     and territories with the European Economic Community, of
                                                                            Commission Regulation (EC) No 2553/97 of 17 December
                                                                            1997 on rules for issuing import licences for certain products
(1) OJ 1996 C 210.                                                          covered by CN codes 1701, 1702, 1703 and 1704 and
                                                                            qualifying as ACP/OCT originating products, and of the
                                                                            Commission Decision of 23 December 1997 (VI/51329) is
                                                                            suspended with respect to Emesa Sugar (Free Zone) NV.
                                                                         2. Emesa Sugar (Free Zone) NV is authorised to import into the
                                                                            Community milled sugar originating in the overseas countries
                                                                            and territories (OCT) within the meaning of Article 6 of Annex
ORDER OF THE PRESIDENT OF THE COURT OF FIRST                                II to Decision 91/482, in accordance with the conditions set out
                           INSTANCE                                         in that decision in the version in force until 30 November 1997,
                                                                            subject to the following conditions and restrictions:
                        of 30 April 1999
                                                                            — The imports thus authorised are subject to the provisions of
in Case T-44/98 R II: Emesa Sugar (Free Zone) NV v                               Decision 91/482 applicable before the entry into force of
         Commission of the European Communities                                  Council Decision 97/803/EC of 24 November 1997
                                                                                 amending at mid-term Decision 91/482, and in particular
(Association of the overseas countries and territories —                         the obligation to obtain an import licence in accordance with
Decisions 91/482/EEC and 97/803/EC — Regulation (EC)                             Article 5(1) of Commission Regulation (EEC) No 3719/88
No 2553/97 — Procedure for interim measures — Prima                              of 16 November 1988 laying down common detailed rules
        facie case — Urgency — Balancing of interests)                           for the application of the system of import and export licences
                                                                                 and advance fixing certificates for agricultural products, the
                                                                                 obligation to obtain an EUR-I certificate, and the obligation
                        (1999/C 246/60)                                          to provide a security of 3 euro/tonne, that security to be
                                                                                 released if the import is carried out in accordance with the
                                                                                 import licence;
                   (Language of the case: Dutch)
In Case T-44/98 R II: Emesa Sugar (Free Zone) NV, established               — The maximum import volume authorised is 7 500 tonnes
in Oranjestad, Aruba, represented by Gerard van der Wal,                         for the period of six months from the date of signature of
Advocate with a right of audience before the Hoge Raad der                       this order;
Nederlanden, with an address for service in Luxembourg at the
Chambers of Aloyse May, 31 Grand-Rue, supported by
Government of Aruba, represented by Pierre V.F. Bos and                     — The sugar of OCT origin imported into the Community must
Marco M. Slotboom, of the Rotterdam Bar, with an address for                     be sold at a price at least equal to the intervention price
service in Luxembourg at the Chambers of Loesch and Wolter,                      referred to in Article 3(1)(a) of Council Regulation (EEC)
11 Rue Goethe, v Commission of the European Communities,                         No 1785/81 of 30 June 1981 on the common organisation
(Agent: Thomas van Rijn), supported by Council of the                            of the markets in the sugar sector;
European Union (Agents: Jürgen Huber and Guus Houttuin),
Kingdom of Spain (Agent: Mónica López-Monis Gallego) and
French Republic (Agent: Claude Chavance) — application for,                 — Emesa Sugar (Free Zone) NV shall be able to import the
first, suspension of operation of the Commission Decision of                     sugar of OCT origin on condition that it provides a security
23 December 1997 (VI/51329) rejecting a request by the                           in the form of a bank guarantee in the sum of USD 28 per
applicant for the issue of import licences in respect of sugar                   tonne of sugar which it wishes to import in accordance with
products pending a decision on the substance by the Court of                     this order. The security must be provided at the latest on the
First Instance and, second, interim measures prohibiting the                     date when the sugar is presented to customs for declaration
Commission pending that decision from applying Commission                        and must cover the tonnage so presented. The amount of the
Regulation (EC) No 2553/97 of 17 December 1997 on rules                          security to be provided per tonne of sugar shall be increased
for issuing import licences for certain products covered by CN                   or reduced:
codes 1701, 1702, 1703 and 1704 and qualifying as ACP/OCT
originating products (OJ 1997 L 349, p. 26) and/or Article
108b of Council Decision 91/482/EEC of 25 July 1991 on the                       — according to the rise or fall of the intervention price
association of the overseas countries and territories with the                        referred to in Article 3(1)(a) of Regulation No
European Economic Community (OJ 1991 L 263, p. 1), as                                 1785/81;