CELEX: C1996/370/31
Language: en
Date: 1996-12-07 00:00:00
Title: ORDER OF THE PRESIDENT OF THE COURT OF FIRST INSTANCE of 14 October 1996 in Case T-137/96 R: Valio Oy v. Commission of the European Communities (Application for interim measures - Admissibility - Common agricultural policy - Standards for spreadable fats - Prohibition of the use of reserved sales descriptions - Application - Division of powers between the Commission and the national authorities)

7 . 12 . 96             EN                  Official Journal of the European Communities                                 No C 370 / 13
Lille Bar, against Council of the European Union ( Agents:             1 . the action is dismissed as inadmissible;
Arthur Brautigam and Jan-Peter Hix), supported by
Commission of the European Communities (Agent: Gerard                  2 . the applicant is ordered to pay all the costs.
Rozet) — application for annulment of Council Regulation
( EC ) No 1868/94 of 27 July 1994 establishing a quota                 (') OJ No C 133 , 4 . 5 . 1996 .
system in relation to the production of potato starch ( OJ
No L 197, 30 . 7. 1994, p. 4 ) — the Court of First Instance
( Fourth Chamber), composed of K. Lenaerts, President, and
P. Lindh and J. D. Cooke, Judges; J. Palacio Gonzalez,
Administrator, for the Registrar, has given a judgment on
7 November 1996, in which it:                                                         ORDER OF THE PRESIDENT
                                                                                 OF THE COURT OF FIRST INSTANCE
1 . dismisses the application as inadmissible;                                                  of 21 October 1996
                                                                       in Case T-107/96 R: Pantochim SA v. Commission of the
2 . orders the applicant to pay its own costs and those of                                   European Communities
     the Council;
                                                                       (State aid — Administrative procedure pending —
3.   orders the Commission to bear its own costs.                      Application for an injunction requiring the Commission to
                                                                       direct a Member State to modify the conditions for the
(!) OJ No C 331 , 26 . 11 . 1994 .
                                                                       grant of aid — Injunction involving a measure beyond the
                                                                           Commission 's powers — Dismissal of the application)
                                                                                                   ( 96/C 370/30 )
                                                                                       (Language of the case: French)
      ORDER OF THE COURT OF FIRST INSTANCE
                        of 25 October 1996                             In Case T-107/96 R : Pantochim SA, established at Feluy
                                                                       ( Belgium ), represented by Jacques H. J. Bourgeois, of the
in Case T-26/96: Orlando Lopes v. Court of Justice of the              Brussels Bar, with an address for service in Luxembourg at
                  European Communities (^                              the Chambers of Marc Loesch, 11              rue Goethe, v.
(Officials — Action for annulment of measures — Act                    Commission of the European Communities ( Agents : Gerard
adversely affecting an official — Action for damages —                 Rozet and Herve Lehman ) — application for an interim
                             Inadmissible)                             measure requiring the Commission to direct France , in a
                                                                       procedure pursuant to the first paragraph of Article 93 ( 2 )
                            ( 96/C 370/29 )
                                                                       of the EC Treaty, to grant the applicant provisional
                                                                       exemption from duty on biodiesel for a quantity of 20 000
                (Language of the case: French)                         tonnes a year — the President of the Court of First Instance
                                                                       has made an order on 21 October 1996 , the operative part
In Case T-26/96 : Orlando Lopes, an official of the Court of           of which is as follows :
Justice of the European Communities, residing in
Luxembourg, represented by Marc Kleyr, of the                          1 . The application for interim measures is dismissed.
Luxembourg Bar, with an address for service in
Luxembourg at his Chambers, 17 Rue Louvigny, v. Court                  1.   Costs are reserved.
of Justice of the European Communities (Agents: Timothy
Millett and Aloyse May ) — application for annulment of a
memorandum of the Head of the Portuguese Translation
Division of the Court of Justice of 21 January 1994 and of a
document entitled 'Analysis of sample I' dated 29 June
 1995 , both of which documents were submitted by the                                 ORDER OF THE PRESIDENT
defendant in response to written questions put by the Court                      OF THE COURT OF FIRST INSTANCE
of First Instance in Joined Cases T-547/93 and T-280/94                                         of 14 October 1996
Lopes v. Court of Justice; annulment of the decision of the
Registrar of the Court of Justice, communicated by                     in Case T-l 3 7/96 R: Valio Oy v. Commission of the
memorandum of 21 July 1995 , not to act on the applicant's                                   European Communities
request, submitted on 7 July 1995, seeking the cessation of             (Application for interim measures — Admissibility —
the alleged misuse of powers or authority; annulment of the             Common agricultural policy — Standards for spreadable
decision of the Court's complaints committee of 22 January             fats — Prohibition of the use of reserved sales descriptions
 1996 rejecting the complaint submitted by the applicant on            — Application — Division of powers between the
 3 October 1995 ; and compensation for the material and                           Commission and the national authorities)
non-material damage which the applicant claims to have
suffered as a result of the conduct of the servants of the                                          ( 96/C 370/31 )
 Court of Justice — the Court of First Instance ( Second
 Chamber), composed of C. W. Bellamy, President, and H.                                (Language of the case: English)
Kirschner and A. Kalogeropoulos, Judges; H. Jung,
 Registrar, made an order on 25 October 1996, the operative            In Case T-l 37/96 R: Valio Oy, established at Helsinki,
part of which is as follows :                                           represented by Francis Herbert and Daniel M. Tomasevic,
 ---pagebreak--- No c 370/ 14        L en                   Official Journal of the European Communities                                       7 . 12 . 96
of the Brussels Bar, with an address for service in                   use of the third option laid down in the third paragraph of
Luxembourg at the Chambers of Carlos Zeyen, 67 Rue                    Article 45 of Annex VIII to the Staff Regulations, that is he
Ermesinde, v. Commission of the European Communities                  elected to have his pension paid in the currency of the
( Agent: Xavier Lewis ) — application for suspension of               country where the institution in question has its seat. Thus
operation of a Commission ' decision' contained in the letter         no change was necessary with respect to the situation prior
of 25 June 1996 to the Permanent Representative of the                to retirement ( same currency, same bank , same account
Republic of Finland to the European Union and                         number to which to credit the monthly payments ).
communicated to the applicant by the Finnish
Elintarvikevirasto, in so far as it concerned the Voilevi and
Voimariini brands — the President of the Court of First
                                                                      However, in June 1995 the applicant received a
Instance made an order on 14 October 1996 , the operative             communication concerning the ' recovery of amounts
part of which is as follows:                                          overpaid in the context of the annual review of
                                                                      remunerations for 1995 '. It should be pointed out that Bfrs
1 . The application for interim measures is dismissed.                163 270 were credited in June 1993 , whereas Bfrs 228 215
                                                                      were credited in December 1994 . On the basis of those
                                                                      facts , the applicant puts forward the following pleas in law:
2.  The costs are reserved.
                                                                      — Infringement of Articles 63 and 64 of the Staff
                                                                           Regulations inasmuch as a weighting which was
                                                                           arbitrarily calculated was unlawfully applied to the
                                                                           remunerations. It is obvious that such a weighting
Action brought on 26 July 1996 by Italo Telchini against                   cannot be established arbitrarily or discretionally as
       the Commission of the European Communities                          regards the criteria to be applied even where the
                        ( Case T- 116/96 )                                 declared intention is to make the purchasing power of
                          ( 96/C 370/32 )
                                                                           all beneficiaries equal . In this instance, however, at least
                                                                           recently, more importance has been attached to the
                                                                           criterion of the relationship between the rates of
                (Language of the case: Italian)                            exchange of the various currencies, in comparison with
                                                                           that of the cost of living, namely factors not envisaged
                                                                           in the provisions of the Staff Regulations .
An action against the Commission of the European
Communities was brought before the Court of First
Instance of the European Communities on 26 July 1996 by
                                                                      — Breach of the principles of the protection of legitimate
Italo Telchini , residing at Bolzano ( Italy ), represented by
Bruno Telchini, of the Bolzano Bar, with an address for
                                                                           expectations and acquired rights in respect of amounts
                                                                           of pension inasmuch as his expectations with regard to
service in Luxembourg at the Chambers of Becker &
                                                                           pension have been disappointed . The applicant
 Cahen, 3 rue des Foyers .
                                                                           emphasizes that during his period of employment he
                                                                           was always remunerated in Belgian francs and he has
The applicant claims that the Court should :                               therefore acquired rights to a pension in that currency.
                                                                           To deprive him of part of such remuneration on the
                                                                           ground of the cost of living of the place where he resides
— annul the applicant's pension statements as from                         constitutes unjustified discrimination and thus wrongful
    January 1996 and order the Commission to adjust said                   conduct by the Commission .
     remuneration as appropriate henceforth, pursuant to
     Council Regulation ( EC, Euratom, ECSC ) No 2963/95
     of 18 December 1995 f 1 ) adjusting the remuneration
     and pensions of officials and other servants of the              — Erroneous and contradictory application of the
                                                                           principle of legal certainty in the matter of retrospective
     European Communities and the weightings applied
     thereto .                                                             revocation of lawful acts and recovery of the alleged
                                                                           overpayment. The Commission's conduct to the
                                                                           detriment of its retired officials has become even more
 — order the defendant to pay interest at the current rate                 prejudicial and arbitrary by retroactively recovering
     and the costs of the proceedings .                                    overpaid sums in application of Regulation ( EC,
                                                                           Euratom , ECSC ) No 2963/95 . In the past, in cases
                                                                           where the amount of the pension was to be adjusted,
 Pleas in law and main arguments adduced in support:                       the Commission did not recover the negative amount.
                                                                            Now it has instead withheld it, setting the number of
 The applicant, a retired official of Italian nationality,                  monthly payments below that permitted by the Council
                                                                            Regulation .
 contests the way in which the defendant has applied to him
 Regulation ( EC, Euratom, ECSC ) No 2963/95 .
                                                                       (') OJ No L 310 , 22 . 12 . 1995 , p . 1 .
 The applicant observes in this regard that, upon retirement
 in December 1983 , he decided to return to Italy, making