CELEX: C1995/333/26
Language: en
Date: 1995-12-09 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 26 October 1995 in Case T-185/94: Geotronics SA v. Commission of the European Communities (Phare programme - Restricted invitation to tender - Action for annulment - Admissibility - EEA Agreement - Action for damages)

9 . 12 . 95             EN                 Official Journal of the European Communities                                      No C 333/ 13
— ( As regards workers residing for less than three                          a simple attestation of the fact that the worker
      months )                                                               concerned has reported his presence on Belgian territory
      Although Article 8 ( 1 ) ( a ) and ( c ) of Directive                  (Article 8 ( 2 ) of Directive 68/360/EEC ).
      68/360/EEC provides that Member States are, without
                                                                      (') OJ , English Special Edition 1968 ( II ), p. 485 .
      issuing a residence permit, to recognize the right of           ( 2 ) Law of 15 December 1980 on access to the territory, residence,
      residence , the Belgian legislation in force requires the             establishment and the departure of aliens ( as amended by the
      persons concerned to apply for a document ( the issue of              Law of 6 May 1993 ); Royal Decree of 8 October 1981 on access
      which may, depending on the commune involved, give                    to the territory, residence , establishment and the departure of
      rise to the payment of a charge ) amounting to more than              aliens ( as amended several times ).
                                                     COURT OF FIRST INSTANCE
JUDGMENT OF THE COURT OF FIRST INSTANCE                               3 . orders the Council to pay the costs;
                       of 19 October 1995
in Case T-194/94 : John Carvel and Guardian Newspapers                4 . orders the Kingdom of Denmark, the Kingdom of the
            Ltd v. Council of the European Union ( 1 )                       Netherlands and the European Parliament to bear their
                                                                             own costs .
(Transparency — Access to information — Council
Decision refusing access to documents relating to its
deliberations — Interpretation of Article 4 (2) of Decision           (•) OJ No C 202 , 23 . 7 . 1994 .
                             93/731/EC)
                           ( 95/C 333/25 )
                  (Language of the case: English)
In Case T-194/94 : John Carvel, residing in Brussels, and              JUDGMENT OF THE COURT OF FIRST INSTANCE
Guardian Newspapers Ltd, whose registered office is in                                          of 26 October 1995
Manchester, United Kingdom, represented by Onno
                                                                      in Case T-l 85 /94 : Geotronics SA v. Commission of the
W. Brouwer and Frederic P. Louis, of the Brussels Bar,
assisted by Deirdre Curtin, of the University of Utrecht, with                              European Communities ( L )
an address for service in Luxembourg at the Chambers of                (Phare programme — Restricted invitation to tender —
Marc Loesch, 11 Rue Goethe, supported by Kingdom of                   Action for annulment — Admissibility — EEA Agree­
Denmark, ( Agent: Peter Biering ), Kingdom of the                                         ment — Action for damages)
Netherlands ( Agents : A. Bos and J. W. de Zwaan ) and                                              ( 95/C 333/26 )
European Parliament ( Agents : Gregorio Garzon Clariana
and Francois Vainker ) against Council of the European
Union ( Agents : Jill Aussant and Giorgio Maganza ) —                                    (Language of the case: English)
application for annulment of decisions of the Council
adopted pursuant to Council Decision 93/731 /EC of
20 December 1993 on public access to Council documents                In Case T-l 85/94 : Geotronics SA, a company with its
( OJ 1993 L 340, p. 43 ) — the Court of First Instance                registered office at Lognes ( France ), represented by Tommy
 ( Second Chamber, Extended Composition ), composed of                Pettersson, of the Swedish Bar, with an address for service in
B. Vesterdorf, President, D. P. M. Barrington, A. Saggio,              Luxembourg at the Chambers of Arendt and Medernach,
H. Kirschner and A. Kalogeropoulos, Judges; H. Jung,                   8-10 Rue Mathias Hardt, against the Commission of the
Registrar, gave a judgment on 19 October 1995 , in which               European Communities ( Agents : Karen Banks and, at the
 it :                                                                  hearing, John Forman ) — application for, first, the
                                                                       annulment of the Commission 's decision of 10 March 1994
                                                                       rejecting the applicant's tender for the supply of electronic
 I . annuls the implied decision of the Council refusing the           tacheometers under the Phare Programme, and, second,
       applicants access to the preparatory reports, the               compensation under Articles 178 and 215 of the EC Treaty
       minutes, attendance and voting records of the Justice           for the damage which the applicant claims to have suffered
       Council of 29 and 30 November 1993 and the decision             as a result of the contested decision — the Court of First
       contained in the letter of the Council of 17 May 1994           Instance ( Fourth Chamber ), composed of K. Lenaerts
       refusing access to the minutes of the Agriculture Council       ( President of the Chamber ), R. Schintgen and
       of 24 and 25 January 1 994;                                     R. García-Valdecasas, Judges; B. Pastor, Administrator, for
                                                                       the Registrar, has given a judgment on 26 October 1995 in
 2 . dismisses the remainder of the application;                       which it:
 ---pagebreak--- No C 333/ 14           EN                   Official Journal of the European Communities                                     9 . 12 . 95
1 . dismisses the application in its entirety;                         of the Rome Bar, with an address for service in Luxembourg
                                                                       at the Chambers of Nico Schaeffer, 12 Rue de la Porte
2 . orders the applicant to pay all the costs, including those         Neuve .
      of the proceedings for interim measures.
(') OJ No C 188 , 9 . 7. 1994 .                                        The applicant claims that the Court should :
                                                                       — annul the decision of the Commission of the European
                                                                             Communities of 12 May 1995 , notified on 25 May
                                                                             1995 , discontinuing the EAGGF aid granted to it,
    ORDER OF THE COURT OF FIRST INSTANCE
                                                                       — in the alternative, declare unlawful the steps taken for
                      of 11 October 1995                                     recovery of the sum of Lit 314 741 984,
in Case T-302/94 : Dimitrios Coussios v. Commission of the
                   European Communities ( 1 )                          and seeks the reimbursement of the costs of the proceedings
                          (Inadmissibility)                            in accordance with the Rules of Procedure .
                            ( 95/C 333/27 )
                (Language of the case: French)                         Pleas in law and main arguments:
In Case T-302/94 : Dimitrios Coussios, a former official of            The applicant obtained from the Commission by a decision
the Commission of the European Communities, represented                of 28 November 1984 aid in the amount of Lit 494 946 104,
by Georges Sakellaropoulous, of the Athens Bar, with an                of which Lit 314 741 984 was paid on 24 July 1987. The aid
address for service in Luxembourg at the Chambers of                   was granted for the purpose of completing an aquaculture
Aloyse May, 31 Grand-Rue, v. Commission of the                         production unit in Orbetello (Tuscany, Italy ) on the basis of
European Communities ( Agent: Ana Maria Alves Vieira ) —               a project submitted by the applicant. Since there had arisen a
application for annulment of the decision of Commission                difficulty while the project was being carried out not in
appointing Mr Claude Probst to the post of Head of Unit                respect of the aquaculture production plant but rather for
VII . C. 93 with effect from 1 December 1993 — the Court of            the construction of a shed required for use in the business,
First Instance ( Fourth Chamber ), composed of                         the applicant company asked for the project to be
D. P. M. Barrington, President, and K. Lenaerts and                    considered concluded when it was 70 % completed, waiving
P. Lindh, Judges; H. Jung, Registrar, made an order on                 payment of the remainder of the aid in respect of the Lit
11 October 1995 , the operative part of which is as                    314 741 984 previously granted . The Italian Ministry for
follows :                                                              the Merchant Navy informed the applicant that such a
                                                                       request could not be accepted since the company had not
                                                                       obtained the certificate of fitness for use of the plant which
1 . The application is dismissed as inadmissible.                      was defined as a 'conditio sine qua non for payment of the
                                                                       aid'. By letter of 14 April 1994 the Commission informed
2 . The parties are ordered to bear their own costs.                   the applicant that, in the absence of such a certificate, the
                                                                       procedure for discontinuing the aid would be put into effect.
(') OJ No C 351 , 10 . 12 . 1994 .                                     The EAGGF aid granted to the applicant was dicontinued
                                                                       by way of the decision of the Commission of 12 May 1995 ,
                                                                       which is the subject-matter of these proceedings .
                                                                       The application is based on the following grounds :
Action brought on 31 July 1995 by Ittima Maremmana                     ( a ) Infringement of Community law
   against the Commission of the European Communities
                         ( Case T-154/95 )
                                                                              — In the notice granting aid there is no mention of the
                            ( 95/C 333/28 )                                      relevant national authority having been designated
                                                                                  ( Article 18 ( 2 ) of Council Regulation ( EEC )
                 (Language of the case: Italian)                                 No 2908/83 ). The Ministry for the Merchant Navy
                                                                                 ' appears' during the course of the procedure . That
                                                                                 central national authority, whenever, however or
An action against the Commission of the European                                  by whomever it has been appointed, is nonetheless
Communities was brought before the Court of First                                incompetent to carry out the duties laid down in the
Instance of the European Communities on 31 July 1995 by                          abovementioned regulation . Its 'insertion' into the
Ittima Maremmana, whose registered office is at Rome,                            procedure thus constitutes an infringement of that
represented by Sergio Barenghi and Alessandro Pallottino,                        regulation .