CELEX: C1996/031/45
Language: en
Date: 1996-02-03 00:00:00
Title: ORDER OF THE PRESIDENT OF THE COURT OF FIRST INSTANCE of 6 December 1995 in Case T-220/95 R: Christophe Gimenez v. Committee of the Regions

3 . 2 . 96            EN |                Official Journal of the European Communities                                   No C 31 / 19
  JUDGMENT OF THE COURT OF FIRST INSTANCE                             1 . pending delivery of the final order in the procedure
                       of 9 January 1996                                   for interim measures, the recruitment procedure
                                                                           commenced by competition CdR A/03/95 is suspended,
 in Case T-23/95 : Efthimia Bitha and Others v. Commission
                                                                           including the assessment of the tests held to date, the
               of the European Communities ( l )                           holding ofany further tests, the drawing-up of the list of
 (Cover against the risk of accident and of occupational                   suitable candidates and any appointments which may be
 disease for officials of the Community — Payment of the                   made on the basis of that list;
 benefits provided for in Article 73 (2) of the Staff
   Regulations — Accidental death — Underwater diving)                2 . the costs are reserved.
                           ( 96/C 31 /44 )
                (Language of the case: French)
In Case T-23/95 : Efthimia Bitha, Vasiliki Bitha and
Georgios Bitha, the persons entitled under Krinio Bitha, a
                                                                      Action brought on 7 November 1995 by European Fertilizer
former official of the Commission of the European
                                                                     Manufacturers Association against Council of the European
Communities, residing in Thessaloniki ( Greece ),                                                  Union
represented by Jean-Noel Louis, of the Brussels Bar, with an
address for service in Luxembourg at the offices of                                         ( Case T-2 10/95 )
Fiduciaire Myson Sari ., 1 Rue Glesener, v. Commission of                                      ( 96/C 31 /46 )
the European Communities (Agents : Julian Currall and
Jean-Luc Fagnart) — application for the annulment of the
decision of the Commission of 26 April 1994 refusing the                             (Language of the case: English)
applicants the benefits provided for in Article 73 ( 2 ) of the
Staff Regulations of officials in the event of the accidental        An action against the Council of the European Union was
death of an official — the Court of First Instance ( Fourth           brought before the Court of First Instance of the European
Chamber ), composed of D. P. M. Barrington, President, and           Communities on 7 November 1995 by the European
K. Lenaerts and P. Lindh, Judges; H. Jung, Registrar, has            Fertilizer Manufacturers Association, represented by
given a judgment on 9 January 1996 , in which it:                    Dominique Voillemot of Gide Loyrette, Paris, with an
                                                                     address for service in Luxembourg at the Chambers of
1 . dismisses the action .                                           Zeyen Beghin Feider, 67 rue Ermesinde .
2 . orders the Commission to pay the costs.                          The applicant claims that the Court should:
(■) OJ No C 87, 8 . 4 . 1995 .                                       — annul       Article   1    of   Council     Regulation    ( EC )
                                                                          No 2022/95 ,
                                                                     — order that such anti-dumping duty imposed by that
                                                                          provision be maintained until the competent institutions
                                                                          adopt the measures needed to comply with this
               ORDER OF THE PRESIDENT                                     judgment,
           OF THE COURT OF FIRST INSTANCE
                     of 6 December 1995
                                                                     — order to the Council to pay the costs .
in Case T-220/95 R: Christophe Gimenez v. Committee of
                           the Regions                               Pleas in law and main arguments adduced in support:
                          ( 96/C 31 /45 )
                                                                     The applicant, an association representing the European
                                                                     ammonium industry, challenges the abovementioned
                (Language of the case: French)                       regulation, in so far as by fixing in it the profit margin of the
                                                                     European industry at 5 % on actual costs , the defendant
In Case T-220/95 R: Christophe Gimenez, residing at 29               institution made a manifest error of appraisal of the facts of
                                                                     the case .
Avenue du Mont Kemmel, Brussels, represented by Eric
Boigelot, of the Brussels Bar, with an addres for service in
Luxembourg at the Chambers of Louis Schiltz, 2 Rue du                The applicant cannot agree with the Commission's
Fort Rheinsheim, v. Committee of the Regions, 27 Galerie              statement to the effect that a profit of 5 % on costs has been
Ravenstein, Brussels — application for suspension of the             used in recent anti-dumping cases concerning urea and UAN
procedure in competition CdR A/03/95 or of the prospective           solutions and was therefore considered as a reasonable
appointments to be made in consequence of that                       profit margin for nitrogen fertilizers in the present case . The
competition — the President of the Court of First Instance           choice of a 5 % profit margin cannot be used in the
made an order on 6 December 1995 , the operative part of             proceedings concerning two different products, other than
which is as follows :                                                 ammonium nitrate .