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Official Journal of the European Communities
ORDER OF THE COURT OF FIRST INSTANCE of 14 February 2000 in Case T-325/99: Generale Conserve Spa v Commission of the European Communities and Italian Republic (1) (Manifest lack of jurisdiction) (2000/C 122/51) (Language of the case: Italian) In Case T-325/99: Generale Conserve Spa, established at Assogo, Italy, represented by C. Cigolini, G. Durazzo and M. Hengel, against Commission of the European Communities and Italian Republic — application for annulment of Commission Decision C(1999) 1596 def. of 17 June 1999 finding that steps should be taken for the post-clearance recovery of import duties which the applicant was not required to pay in respect of imports of tuna fish from Turkey — the Court of First Instance (Fourth Chamber), composed of V. Tiili, President, R.M. Moura Ramos and P. Mengozzi, Judges; H. Jung, Registrar, made an order on 14 February 2000, the operative part of which is as follows: 1. The action is partially dismissed, in so far as it was brought against the Italian Republic. 2. The applicant shall bear its own costs, in so far as the action was brought against the Italian Republic.
(1) OJ C 63 of 4.3.2000.
(Germany), represented by U. Schrömbges and L. Harings, Rechtsanwälte, Hamburg, with an address for service in Luxembourg at the Chambers of Arendt and Medernach, 8-10 Rue Mathias Hardt, v Commission of the European Communities (Agents: M. Niejahr and G. Braun) — application, first, for suspension of operation of Commission Regulation (EEC) No 2799/1999 of 17 December 1999 laying down details of rules for applying Regulation (EEC) No 1255/1999 as regards the grant of aid for skimmed milk and skimmed-milk powder intended for animal feed and the sale of such skimmed-milk powder (OJ 1999 L 340, p. 3) and, second, for a declaration that Regulation (EEC) No 1105/68 of the Commission of 27 July 1968 on detailed rules for granting aid for skimmed-milk for use as feed (OJ, English Special Edition, 1968 (II), p. 379), as last amended by Commission Regulation (EC) No 1802/95 of 25 July 1995 amending the regulations that fixed, prior to 1 February 1995, certain prices and amounts in the market in milk and milk products of which the value in ecus was adapted as a result of the abolition of the correction factor for agricultural conversion rates (OJ 1995 L 174, p. 27) is to continue to apply until the Court has given its ruling on the substance of the case — the President of the Court of First Instance made an order on 15 February 2000, the operative part of which is as follows: 1. The application for interim measures is dismissed. 2. The costs are reserved.
Action brought on 20 January 2000 by Athanasios N. Pitsiorlas against the Council of the European Union and the European Central Bank (Case T-3/00) (2000/C 122/53)
ORDER OF THE PRESIDENT OF THE COURT OF FIRST INSTANCE of 15 February 2000 in Case T-1/00 R: Gustav Hölzl and Others v Commission of the European Communities (Proceedings for interim relief — Admissibility of the main action) (2000/C 122/52) (Language of the case: German) In Case T-1/00 R: Gustav Hölzl, residing at Damme (Germany), Günter Wiegert, residing at Velen (Germany), Firma Molkerei Wagenfeld Karl Niemann GmbH & Co. KG, established at Wagenfeld (Germany), Josef Brüninghoff, residing at Bocholt (Germany) and Lüdger Nienhaus, residing at Borken-Gemen
(Language of the case: Greek) An action against the Council of the European Union and the European Central Bank (ECB) was brought before the Court of First Instance on 20 January 2000 by Athanasios N. Pitsiorlas, residing in Thessaloniki, 8 Odos N. Koudouriotou (Greece), represented by Dimitris Papafilippou, Barrister. The applicant asks the Court of First Instance to: — uphold the action in its entirety; — order the production of evidence to clarify the circumstances in which the decisions of the two Community institutions were adopted; — annul the negative decisions of the Council of 30 July 1999 and of the ECB of 8 November and 6 July 1999 entirely depriving the applicant of the right of access to the Basle/Nyborg Agreement;
Official Journal of the European Communities
— order the Council and the ECB to pay the costs. Pleas in law and main arguments
— annul the decision of the appointing authority of 10 February 1999 refusing to recognise the occupational cause of his wife’s illness; — order the defendant to pay the fees and expenses incurred by the applicant in accordance with Article 23(2) of the Rules on the insurance of officials of the European Communities against the risk of accident and of occupational disease; — order the defendant to pay the costs. Pleas in law and main arguments According to the applicant, his wife suffered a high degree of exposure to contaminating agents during her working life, in particular exposure to asbestos while she was working in the ‘Berlaymont’ Building from 1974 to 1979. In his view, it follows that the lung cancer of which his wife died had an occupational cause. In support of his claims, he alleges: — that the opinion of the medical committee was unlawful. The meeting of the medical committee took place under improper circumstances. The committee’s opinion did not express a view as to certain important matters, was based on inaccuracies and showed no comprehensible connection between the medical findings and the conclusions it contains; — unequal treatment and a manifest error of assessment. The Commission recognised the occupational cause of the disease of another official who developed pathology absolutely similar to that of the applicant’s wife, following exposure to asbestos.
I. Against the Council’s decision 1. Infringement of the fundamental principle of protection of legitimate expectations, infringement of the principle of sound administration, deceit and total bad faith on the part of the Council 2. Infringement of the fundamental principle of Community law concerning the citizen’s right of access to documents and of Article 1 of Council Decision 93/731 3. Infringement of Article 253 of the EC Treaty: absence of legal reasoning.
II. Against the ECB’s decision 1. Infringement of essential procedural requirements (lack of reasoning) and misuse of powers 2. Infringement of the fundamental principle of transparency and the right of access to documents.
Action brought on 24 January 2000 by Ivo Camacho-Fernandes against Commission of the European Communities (Case T-20/00) (2000/C 122/54) (Language of the case: French) An action against the Commission of the European Communities was brought before the Court of First Instance of the European Communities on 24 January 2000 by Ivo Camacho-Fernandes, residing in Overijse (Belgium), represented by Nicolas Lhoest, of the Brussels Bar, with an address for service in Luxembourg at the offices of Fiduciaire Becker & Cahen, 3 Rue des Foyers. The applicant claims that the Court should: — annul the Commission’s decision of 8 October 1999 rejecting the applicant’s complaint lodged pursuant to Article 90(2) of the Staff Regulations against the appointing authority’s decision refusing to acknowledge the occupational cause of the lung cancer from which his wife died;
Action brought on 27 January 2000 by Enrico Sabbioni against Commission of the European Communities (Case T-22/00) (2000/C 122/55) (Language of the case: Italian) An action against the Commission of the European Communities was brought before the Court of First Instance of the European Communities on 27 January 2000 by Enrico Sabbioni, represented by Bruno Nascimbene and Marina S. Mori, of the Milan Bar, and Massimo Condinanzi, of the Biella Bar, with an address for service in Luxembourg at the Chambers of Franco Colussi, 36 Rue de Wiltz.