CELEX: C1996/370/26
Language: en
Date: 1996-12-07 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 22 October 1996 in Joined Cases T-79/95 and T-80/95: Société Nationale des Chemins de Fer Français and British Railways Board v. Commission of the European Communities (Competition - Channel Tunnel - Reservation of 50 % of tunnel capacity for two railway companies - Restrictions on competition - Exemption - Access for third parties)

7 . 12 . 96             EN 1                 Official Journal of the European Communities                                     No C 370/ 11
     comply with Commission Directive 93/90/EEC of                      Pleas in law and main arguments adduced in support:
     29 October 1993 ( : ) concerning the list of substances
     referred to in the fifth indent of Article 13 ( 1 ) of             The pleas in law and main arguments are the same as in
     Council Directive 67/548/EEC ( 2 ) and/or by failing to            Case C-356/9 6 ( 3 ); the time-limit for transposition expired
     communicate those measures, the Kingdom of Belgium                 on 31 October 1993 .
     has failed to fulfil its obligations under that Directive,
                                                                        (') OJ No L 277, 10 . 1 1 . 1993 , p . 33 .
                                                                        ( ~ ) OJ , English Special Edition ( 1967 ), p. 234 .
— order the Kingdom of Belgium to pay the costs .                       ( M See Case C-356/96 above .
                                                       COURT OF FIRST INSTANCE
   JUDGMENT OF THE COURT OF FIRST INSTANCE                              Netherlands authorities — the Court of First Instance
                       of 22 October 1996
                                                                        (Third Chamber, Extended Composition ), composed of:
                                                                        C. R Briët, President, B. Vesterdorf, P. Lindh, A. Potocki
in Case T-154/94 :        Comité des Salines de France et               and J. D. Cooke, Judges, J. Palacio Gonzalez,
Compagnie des Salins du Midi et des Salines de l'Est v.                 Administrator, for the Registrar, has given a judgment on
                                                                        22 October 1996 in which it:
         Commission of the European Communities ( 1 )
(State aid — General regional aid scheme — Letter from the
Commission concerning aid — Action for annulment —                      1 . dismisses the action as inadmissible ;
                            Inadmissible)
                           ( 96/C 370/25 )                              2 . orders the applicants to pay the costs, including those
                                                                              incurred by Frima B V;
                 (Language of the case: French)                         3 . orders Salt Union Ltd, Südwestdeutsche Salzwerke AG ,
                                                                              and Verein Deutsche Salzindustrie eV to bear their own
                                                                              costs .
In Case T- 154/94 : Comite des Salines de France, established           (') OJ No C 161 , 11.6 . 1994 .
in Paris, and Compagnie des Salins du Midi et des Salines
de l'Est SA, established in Paris, represented by Dominique
Voillemot, of the Paris Bar, and Peter Verloop, of the
Amsterdam Bar, with an address for service in Luxembourg
at the Chambers of Jacques Loesch, 11 Rue Goethe,
supported by Salt Union Ltd, established in Cheshire                        JUDGMENT OF THE COURT OF FIRST INSTANCE
( United Kingdom ), represented by Jonathan Scott and Craig
Pouncey, Solicitors, with an address for service in                                               of 22 October 1996
Luxembourg at the Chambers of Georges Baden,                            in Joined Cases T-79/95 and T-80/95 : Société Nationale
8 Boulevard Royal, and Südwestdeutsche Salzwerke AG,                    des Chemins de Fer Français and British Railways Board v.
established in Heilbronn ( Germany ), and Verein Deutsche                          Commission of the European Communities ( 1 )
Salzindustrie eV, established in Bonn ( Germany ),
represented by Thomas Jestaedt and Barbel Altes,                        (Competition — Channel Tunnel — Reservation of SO % of
Rechtsanwälte, Dusseldorf, and Walter Klosterfelde and                  tunnel capacity for two railway companies — Restrictions
Karsten Metzlaff, Rechtsanwälte, Hamburg, with an                          on competition — Exemption — Access for third parties)
address for service in Luxembourg at the Chambers of                                                 ( 96/C 370/26 )
Philippe Dupont, 8-10 Rue Mathias Hardt, v. Commission
of the European Communities ( Agents : initially Giuliano
Marenco and Jean-Paul Keppenne, then Giuliano Marenco                               (Language of the case: English and French)
and Paul Nemitz ), supported by Frima BV, established in
The Hague ( Netherlands ), represented by Tom Ottervanger
and Gerrit Vriezen , of the Rotterdam Bar, with an address              In Joined Cases T-79/95 and T-80/95 : Societe Nationale des
for service in Luxembourg at the Chambers of Carlos                     Chemins de Fer Français, established in Paris, represented
Zeyen, 67 Rue Ermesinde — application for annulment of                  by Barbara Rapp-Jung and Nathalie Flandin, of the Brussels
the decision allegedly contained in a letter addressed by the           Bar, with an address for service in Luxembourg at the
Commission on 7 February 1994 to Comite des Salines de                  Chambers of Victor Elvinger, 31 Rue d'Eich, and British
France concerning aid granted to Frima BV by the                        Railways Board, established in London , represented by
 ---pagebreak--- No C 370/ 12         [ EN                Official Journal of the European Communities                                    7 . 12 . 96
Thomas Sharpe QC, of the Bar of England and Wales,                     JUDGMENT OF THE COURT OF FIRST INSTANCE
instructed by Alexandre R. M. Nourry, Solicitor, with an                                     of 5 November 1996
address for service in Luxembourg at the Chambers of Jean
Hoss, 15 Cote d'Eich, supported by the United Kingdom of            in Joined Cases T-21 /95 and T-186/95 : Marco Mazzocchi­
Great Britain and Northern Ireland ( Agents : Lindsey Nicoll,        Alemanni v. Commission of the European Communities ( 1 )
Stephanie Ridley, K. P. E. Lasok and Kenneth Parker ) and           (Officials — Supplementary sickness insurance scheme for
by Channel Tunnel Group Ltd, established in London, and             officials serving in a third country — Procedure for
France Manche SA, established in Paris, together                    reimbursement of medical expenses — Application of
constituting Eurotunnel, whose head office is in London,                                             ceilings)
represented by Christine Heron Schwaighofer and Christian
Roth, of the Paris Bar, with an address for service in                                           ( 96/C 370/27 )
Luxembourg at the Chambers of Aloyse May, 31 Grand­
Rue, British Railways Board being supported also by
European Passenger Services Ltd, established in London,                              (Language of the case: French)
represented by Thomas Sharpe QC, of the Bar of England
and Wales, instructed by Alexandre R. M. Nourry, Solicitor,         In Joined Cases T-21 /95 and T-186/95 : Marco Mazzocchi­
with an address for service in Luxembourg at the Chambers           Alemanni, an official of the Commission of the European
of Jean Hoss, 15 Cote d'Eich, against the Commission of             Communities, residing in Libreville ( Gabon ), represented
the European Communities (Agents: Francisco Enrique                 by Nicolas Lhoest, of the Brussels Bar, with an address for
Gonzalez Diaz, Carmel O'Reilly and Guy Charrier ) —                 service in Luxembourg at the offices of Fiduciaire Myson
applications for the annulment of Commission Decision 94/           Sari, 1 Rue Glesener, v. Commission of the European
894/EC of 13 December 1994 relating to a proceeding                 Communities ( Agent: Julian Currall ) — application for
under Article 85 of the EC Treaty and Article 53 of the EEA         annulment of the decision of the Commission refusing the
Agreement ( IV/32.490 — Eurotunnel ) ( OJ No L 354 ,                applicant full reimbursement of certain dental expenses —
31 . 12 . 1994, p. 66 ) and, in the alternative, for the            the Court of First Instance ( Third Chamber ), composed of:
annulment of the conditions laid down in Article 2 ( A ) of         C. P. Briët, President, and B. Vesterdorf and A. Potocki,
that decision — the Court of First Instance ( Third Chamber,        Judges; B. Pastor, Principal Administrator, for the Registrar,
Extended Composition ), composed of C. P. Briët, President,         has given a judgment on 5 November 1996 , in which it:
and B. Vesterdorf, P. Lindh, A. Potocki and J. D. Cooke,
Judges; J. Palacio Gonzalez, Administrator, for the
Registrar, has given a judgment on 22 October 1996 , in              1 . dismisses the action in Case T-21 /95 as inadmissible;
which it ruled as follows :
                                                                    2.    dismisses the action in Case T-l 86/95 as inadmissible in
                                                                          so far as it requests the Court to issue directions or
                                                                          make declarations;
 1 . Cases T-79/95 and T-80/95 are joined for the purposes
     of the judgment.
                                                                     3 . dismisses the remainder of the action as unfounded;
                                                                    4 . orders the parties to bear their own costs.
 2 . Commission Decision 94/894/EC of 13 December 1994
     relating to a proceeding under Article 85 of the EC             (!) OJ No C 87, 8 . 4 . 1995 , and
     Treaty and Article 53 of the EEA Agreement (IV/                     OJ No C 299 , 11 . 11 . 1995 .
     32.490 — Eurotunnel) is annulled.
 3 . The Commission shall bear its own costs together with
     those of the applicants, including the costs relating to           JUDGMENT OF THE COURT OF FIRST INSTANCE
     the applications for interim measures. It shall also bear                               of 7 November 1996
     the costs of the intervener European Passenger Services
     Ltd.                                                            in Case T-298/94: Roquette Freres SA v. Council of the
                                                                                              European Union ( ] )
                                                                     (Common agricultural policy — Quota system in relation
                                                                     to the production of potato starch — Regulation (EC)
 4 . The United Kingdom of Great Britain and Northern                No 1868/94 — Action for annulment — Closed group of
     Ireland, together with Channel Tunnel Group Ltd and                                 traders — Inadmissibility)
     France Manche SA (Eurotunnel), shall bear their own
     costs .
                                                                                                  ( 96/C 370/28
                                                                                      (Language of the case: French)
 C ) OJ No C 119 , 13 . 5 . 1995 .
                                                                     In Case T-298/94 : Roquette Freres SA, established at
                                                                     Lestrem ( France ), represented by Jacques Dutat, of the