CELEX: C1997/252/86
Language: en
Date: 1997-08-16 00:00:00
Title: Action brought on 4 July 1997 by Manuel Francisco Caballero Montoya against Commission of the European Communities (Case T-201/97)

16 . 8 . 97           EN                    Official Journal of the European Communities                                    No C 252/41
Pleas in law and main arguments adduced in support:                    — order the Commission of the European Communities
                                                                              to pay the costs.
The applicant contests the abovementioned decision of the
Commission in which it decides against acting upon the                 Pleas in law and main arguments adduced in support:
applicant's request under Article 3 of Regulation No 17
for a finding of infringements of the Community rules on               The pleas in law and main arguments are identical to
competition in the EC Treaty and the EEA agreement                     those in Case T-197/97 (').
relating to reorganization rules and a levy to finance
those rules . The levy is imposed by regulation of the
                                                                       f 1 ) See p. 40 of this Official Journal .
Productschap Veen en Vlees ( PW) and the arrangements
are made and administered by the Stichting
Saneringsfonds Runderslachterijen ( SSR).
The applicant claims that the reorganization measures
concern decisions of associations of undertakings or                   Action brought on 4 July 1997 by Manuel Francisco
agreements between undertakings which restrict                         Caballero Montoya against Commission of the European
competition and ( may) adversely affect trade beteween                                                Communities
Member States. Those measures and primarily the
                                                                                                   ( Case T-201 /97 )
financing are made possible and safeguarded by the
authorities .                                                                                        ( 97/C 252/86 )
                                                                                          (Language of the case: Spanish)
                                                                       An action against the Commission of the European
                                                                       Communities was brought before the Court of Justice on
Action brought on 1 July 1997 by Exportslachterij Chris                4 July by Manuel Francisco Caballero Montoya, residing
Hogeslag BV and Groninger Vleeshandel BV against the                   in Brussels, represented by Juan Ramon Iturriagoitia
          Commission of the European Communities                       Basses, of the Madrid Bar, with an address for service in
                                                                       Brussels at the Chambers of Mr Iturriagoitia Basses, 93
                       ( Case T-198/97 )
                                                                       Rue de la Corrége .
                         ( 97/C 252/ 85 )
                                                                       The applicant claims that the Court of First Instance
                                                                       should :
                 (Language of the case: Dutch)
                                                                       — annul the Commission decisions of 10 September 1996
An action against the Commission of the European                              and 15 October 1996 in so far as they withhold the
Communities was brought before the Court of First                             award of an allowance for a person treated as a
Instance of the European Communities on 1 July 1997 by                        dependent child, such decisions lacking an adequate
Exportslachterij Chris Hogeslag BV, established in Holten,                    statement of the reasons of which they are based, as
and Groninger Vleeshandel BV, established in Groningen,                       required by the provisions in force,
represented by A. P. J. M. de Bruyn, of the Zutphen Bar,
with an address for service in Luxembourg at the
                                                                       — declare         that   the     annulment    of an administrative
Chambers of L. Frieden, 6 Avenue Guillaume .
                                                                              measure renders void any subsequent measure deriving
                                                                              from an earlier measure that has been annulled; and
The applicant claims that the Court should :
                                                                       — order the European Commission to pay the costs,
                                                                              pursuant to Article 87 ( 2 ) or if appropriate Article 88
— declare void the decision of the Commission of the                          of the Rules of Procedure of the Court of First
     European Communities contained in the Commission 's                       Instance of the European Communities, and to
     letter to the applicant dated 23 April 1997 in Case                       reimburse the costs borne by the applicant in
     No IV/35.634/F3 Hogeslag — Groninger / PW+SSR,                           connection with these proceedings, such as the costs of
                                                                              travel , accommodation in Luxembourg and lawyer's
                                                                               fees, as provided for by Article 91 of those rules .
— find that the rules and agreements for the
     reorganization of the Netherlands' cattle slaughtering
                                                                        Pleas in law and main arguments adduced in support:
     sector infringe Article 85 ( 1 ) of the EC Treaty,
                                                                        The applicant in these proceedings is the same as in Case
— order all other measures considered to be necessary,                  T-573/93 , which was determined by judgment of 19 June
 ---pagebreak--- No C 252/42          EN                 Official Journal of the European Communities                                  16 . 8 . 97
1996 ('), which held to be unlawful the rejection of the                   Removal from the register of T-17/97 R (')
complaint submitted by him against a decision which,                                          ( 97/C 252/87
although recognizing his entitlement to the allowance for
persons treated as dependent children in respect of the                            (Language of the case: Italian)
first of his two sons, withheld the right to that allowance
for his second son. After that judgment was notified to            By order of 30 June 1997 the President of the Court of
him, the applicant requested the relevant Director-General         First Instance of the European Communities has ordered
to extend the effect of that judgment to the years 1993 ,          the removal from the register of Case T-17/97 R:
1994 and 1995 . In its reply of 10 September 1996, the             Viglienzone Adriatica SpA v. Commission of the European
                                                                   Communities .
administrative authority granted that request only for the
period from 1 December 1992 to 30 November 1993 , on
                                                                   (') OJ No C 108 , 5 . 4 . 1997.
the ground that the judgment of 19 June could not be
regarded as implying that a second allowance should be
granted for periods after those covered by the annulled
decision. A subsequent request for review of that decision
was also rejected, by decision of 15 October 1996 .
                                                                           Removal from the register of T-39/97 R (')
                                                                                              ( 97/C 252/88 )
Consequently, whilst the applicant seeks, by virtue of the
judgment, a new decision covering all the periods of time                        (Language of the case: German)
for which, in his opinion, he is entitled to an allowance          By order of 13 June 1997 the President of the Court of
for a person treated as a dependent child for both his             First Instance of the European Communities has ordered
sons, the Commission has granted him that right only for           the removal from the register of Case T-39/97 R: T.
the period of time expressly mentioned in the body of the          Port GmbH & Co. v. Commission of the European
annulling judgment. In the applicant's view, the                   Communities .
Commission is exploiting the alleged imprecision of the
judgment as regards the periods following 30 November              (') OJ No C 131 , 26 . 4 . 1997.
1993 in order to withhold a right which is lawfully vested
in him. He considers that the administrative authority is
thereby guilty of misuse of powers.
                                                                             Removal from the register of T-71/97 (')
The applicant considers that the judgment of 19 June
1996 is effective ex tunc and that the Commission should                                      ( 97/C 252/89
therefore review the case not only for the period to which                        (Language of the case: English)
the annulled decision relates but also for subsequent
periods .                                                          By order of 2 June 1997 the President of the Third
                                                                   Chamber of the Court of First Instance of the European
                                                                   Communities has ordered the removal from the register of
(') ECR-SC 1996 ] 11-909 .
                                                                   Case T-71/97: Monsanto Europe SA v. Commission of the
                                                                   European Communities.
                                                                   H OJ No C 181 , 14 . 6 . 1997.