CELEX: C1998/340/48
Language: en
Date: 1998-11-07 00:00:00
Title: Action brought on 7 August 1998 by UPS Europe NV/SA against the Commission of the European Communities (Case T-127/98)

7.11.98               EN                 Official Journal of the European Communities                                     C 340/25
Finally the applicant claims that its right to a fair hearing       On 19 December 1997 the Commission sent a letter
has been disregarded, given that, at no time during the             pursuant to Article 6 of Commission Regulation No 99/
pre-litigation procedure did the Commission respect its             63/EEC in which it stated that it had concluded that there
fundamental right to be heard.                                      were no grounds for granting the application in so far as
                                                                    Article 86 of the EC Treaty was concerned. In its letter of
                                                                    2 February 1998 the applicant submitted its observations
(1) OJ L 364 of 12.12.1992, p. 7.
(2) OJ C 205 of 5.7.1997, p. 5.                                     to this Article 6 letter' by reiterating its objections to the
                                                                    intention of the Commission to reject its complaint. It
                                                                    asked the Commission to reject the complaint by formal
                                                                    decision within a reasonable time and in any event before
                                                                    15 March 1998.
                                                                    On 2 June 1998 the applicant formally invited the
Action brought on 7 August 1998 by UPS Europe NV/SA                 Commission to make a final decision with regard to its
   against the Commission of the European Communities               complaint under Article 86 of the EC Treaty and
                       (Case T-127/98)                              announced that it would initiate an action for failure to
                                                                    act under Article 175 of the EC Treaty if the Commission
                        (98/C 340/48)                               did not inform the applicant of its decision within two
                                                                    months from the date of that letter. As the Commission
                                                                    has not delivered the requested final decision, the present
               (Language of the case: English)                      application has been submitted to the Court.
An action against the Commission of the European
Communities was brought before the Court of First
Instance of the European Communities on 7 August 1998
by UPS Europe SA/NV, represented by Tom R.
Ottervanger and Dirk Arts, with an address for service in           Action brought on 31 August 1998 by Armement
Luxembourg at the offices of Loeff Claeys Verbeke, 5 rue            CoopeÂratif Artisanal VendeÂen (ACAV) and Others against
Charles Martel.                                                                    Council of the European Union
                                                                                           (Case T-138/98)
The applicant claims that the Court should:                                                  (98/C 340/49)
Ð declare in accordance with Article 175           of the EC                       (Language of the case: French)
     Treaty that the Commission has failed to      act by not
     having delivered a decision on the            applicant's      An action against the Council of the European Union was
     complaint lodged with the Commission          on 7 July        brought before the Court of First Instance of the European
     1994;                                                          Communities on 31 August 1998 by Armement
                                                                    CoopeÂratif Artisanal VendeÂen (ACAV) and Others,
                                                                    established in Ile d'Yeu (France), represented by Lise
Ð order the Commission to pay the costs incurred by the             Funck-Bretano and SteÂphanie Ponsot, of the Paris Bar,
     applicant in the present proceedings; and                      with an Address for service in Luxembourg at the
                                                                    Chambers of Jacques Neuer, 9 Avenue Guillaume.
Ð take such further action as the Court may deem
     appropriate.                                                   The applicant claims that the Court should:
Pleas in law and main arguments adduced in support:                 Ð annul Council Regulation (EC) No 1239/98;
                                                                    Ð order the Council to pay all the costs.
On 7 July 1994, the applicant, part of the United Parcel
Service' (UPS) group of companies, which is active
worldwide in the business of parcel delivery, lodged a              Pleas in law and main arguments adduced in support:
complaint with the Commission asking it to initiate
proceedings against Deutsche Bundespostdienst (now                  On 8 June 1998 the Council adopted the contested
Deutsche Post AG). In its complaint, the applicant, apart           regulation prohibiting, with effect from 1 January 2002,
from alleging unlawful State aid by the Member State                the use of drift-nets for the capture of certain species of
Germany, identified conduct of Deutsche Post AG which,              fish, including white tuna, by vessels flying the flag of a
in its opinion, infringes Article 86 of the EC Treaty. The          Member State, in particular in the North-East Atlantic.
applicant is of the opinion that the Deutsche Post AG is
engaged both in predatory pricing practices and in using
cross-subsidies to extend a dominant position from the              The applicants, all fishermen from the Ile d'Yeu, who fish
letter market to the related parcel market.                         for those species, in particular using that type of net,