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C 26/6 EN Official Journal of the European Communities 24.1.

98

additional levy referred to in Article 5c of Regulation AssimileÂes de Wallonie ASBL (FeÂd. Horeca-Wallonie),
(EEC) No 804/68, in so far as those Regulations did established in Namur (Belgium), represented by Gilles
not make provision for the allocation of a reference BouneÂou, of the Luxembourg Bar, and by Jean Materne
quantity to holdings subject to an undertaking given and Alain Bernard, of the LieÁge Bar, with an address for
under Council Regulation (EEC) No 1078/77 of service in Luxembourg at the chambers of Gilles BouneÂou,
17 May 1977 introducing a system of premiums for 15 Avenue du Bois, against Commission of the European
the non-marketing of milk and milk products and for Communities (Agent: GeÂrard Rozet) Ð application,
the conversion of dairy herds, where the producers primarily, for the annulment of the Commission decision,
had not delivered milk during the reference year addressed to the Kingdom of Belgium by letter SG(96) D/
adopted by the Member State concerned, and, second, 8253 of 24 September 1996, not to raise any objection to
as a result of application of the same Regulation the implementation by the Wallonia region of a draft
(EEC) No 857/84, as amended by Council Regulation decree on social tourism Ð the Court of First Instance
(EEC) No 764/89 of 20 March 1989, in so far as the (Second Chamber, Extended Composition), composed of:
second indent of Article 3a(1) excluded the allocation A. Kalogeropoulos, President, C. P. BrieÈt, C. W. Bellamy,
of a special reference quantity to the transferees A. Potocki and J. Pirrung, Judges; H. Jung, Registrar,
of a premium granted under Regulation (EEC) made an order on 20 November 1997 in which it:
No 1078/77;

1. dismisses the application as inadmissible;


2. declares that the period for which the applicants must
be compensated for the damage suffered as a result of
the application of Regulation (EEC) No 857/84 is, in 2. orders the applicant to pay the costs.
Case T-195/94, the period from 12 January 1989 to
28 July 1993 and, in Case T-202/94, the period from
(1) OJ C 166, 31.5.1997.
3 September 1987 to 31 January 1993;

3. orders the parties to forward to the Court, within 12


months from this judgment, details of the amounts to
be paid, as agreed by the parties;
ORDER OF THE COURT OF FIRST INSTANCE
4. orders the parties, if no agreement is reached, to (First Chamber, Extended Composition)
submit to the Court their views as to the amounts
of 24 November 1997
which should be awarded;
in Case T-266/94 (92): Foreningen af Jernskibs- og
Maskinbyggerier i Danmark, Skibsvñrftsforeningen and
5. reserves the costs. others v. Commission of the European Communities (1)
(State aids Ð Shipbuilding Ð Taxation of costs)
(1) OJ C 188, 9.7.1994 and OJ C 218, 6.8.1994.
(98/C 26/12)

(Language of the case: English)

In Case T-266/94 (92): Foreningen of Jernskibs- og


ORDER OF THE COURT OF FIRST INSTANCE
Maskinbyggerier i Danmark, Skibsvñrftsforeningen, with
of 20 November 1997 its registered office in Copenhagen, Assens Skibsvñrft A/S,
established in Assens (Denmark), Burmeister & Wain
in Case T-85/97: Interprovinciale des FeÂdeÂrations Skibsvñrft A/S, established in Copenhagen, Danyard A/S,
d'Hoteliers, Restaurateurs, Cafetiers et Entreprises established in Frederikshavn (Denmark), Fredericia
AssimileÂes de Wallonie ASBL (FeÂd. Horeca-Wallonie) v. Skibsvñrft A/S, established in Fredericia (Denmark),
Commission of the European Communities (1) Odense Staalskibsvñrft A/S, established in Odense
(Procedure Ð Time limits Ð Method of calculation Ð (Denmark), Svendborg Vñrft A/S, established in
Inadmissibility) Svendborg (Denmark), érskov Christensens
Staalskibsvñrft A/S, established in Frederikshavn, and
(98/C 26/11) Aarhus Flydedok A/S, established in Šrhus (Denmark),
represented by Jan-Erik Svensson, advokat of the
Copenhagen Bar, with an address for service in
(Language of the case: French) Luxembourg at the chambers of Philippe Dupont, 8Ð10
Rue Mathias Hardt, supported by the Kingdom of
Denmark (Agent: Peter Biering) against the Commission of
In Case T-85/97: Interprovinciale des FeÂdeÂrations the European Communities (Agents: Anders Christian
d'Hoteliers, Restaurateurs, Cafetiers et Entreprises Jessen and Ben Smulders), supported by the Federal
24.1.98 EN Official Journal of the European Communities C 26/7

Republic of Germany (Agents: Ernst Röder, Bernd Kloke 2. The applicant is ordered to pay all the costs of the
and, at the hearing, Michael Schütte) and by MTW application for interim relief.
Schiffswerft GmbH, (formerly Meerestechnik Werft), with
its registered office at Wismar (Germany), represented by
Hans-Jürgen Rabe and Georg M. Berrisch, Rechtsanwälte, 3. Each party is to bear its own costs in respect of the
Hamburg, with an address for service in Luxembourg at application for a declaration of failure to act.
the chambers of FrancËois Turk, 13B Avenue Guillaume Ð
application for taxation of the costs to be paid by the
(1) OJ C 131, 26.4.1997.
applicants to the intervener, MTW Schiffswerft GmbH,
following the judgment of the Court of First Instance of
22 October 1996 in Case T-266/94 Skibsvñrftsforeningen
a.O. v. Commission [1996] ECR II-1399 Ð the Court of
First Instance (First Chamber, Extended Composition),
composed of A. Saggio, President, B. Vesterdorf, C. W.
Bellamy, R. M. Moura Ramos and J. Pirrung, Judges; H.
Jung, Registrar, made an order on 24 November 1997, the Action brought on 10 November 1997 by Peter Cain
operative part of which is as follows: against the Commission of the European Communities
(Case T-289/97)
The total amount of costs to be paid by the applicants to (98/C 26/14)
the intervener MTW Schiffswerft GmbH is fixed at
DM 125 000.
(Language of the case: French)
( ) OJ C 254, 10.9.1994.
1

An action against the Commission of the European


Communities was brought before the Court of First
Instance of the European Communities on 10 November
1997 by Peter Cain, residing at Trier (Federal Republic of
Germany), represented by Jean-NoeÈl Louis, Thierry
Demaseure, Ariane Tornel and FrancËoise Parmentier, of
ORDER OF THE COURT OF FIRST INSTANCE
the Brussels Bar, with an address for service in
of 26 November 1997 Luxembourg at the offices of Fiduciaire Myson SaÁrl, 30
Rue de Cessange.
in Case T-39/97: T. Port GmbH & Co v. Commission of
the European Communities (1)
(Agriculture Ð Common organization of the markets Ð The applicant claims that the Court should:
Bananas Ð Request for the issue of additional import
licences Ð Action for declaration of failure to act Ð
Procedure by default Ð No need to adjudicate) Ð annul the decision of 12 March 1997 appointing the
applicant, with effect from 1 February 1997, to grade
(98/C 26/13)
LA 7, step 3 within the translators' career bracket,

(Language of the case: German)


Ð order the defendant to pay the costs.

In Case T-39/97: T. Port GmbH & Co, established in


Hamburg (Germany), represented by Gert Meier, Pleas in law and main arguments adduced in support:
Rechtsanwalt, Cologne, with an address for service in
Luxembourg at the Chambers of Marc Baden, 24 Rue
Marie-Adelaïde, against Commission of the European By decision of 26 February 1996, which took effect
Communities (Agents: Dierk Booû, Klaus-Dieter retroactively on 1 January 1996, the applicant was
Borchardt and Hubert van Vliet) Ð application for a appointed a probationer official in grade LA 7, step 1 and
declaration pursuant to Article 175 of the Treaty that the assigned to the Translation Service, Directorate G Ð
Commission has failed to take a position on the Eurostat, information and innovation, credit and
applicant's request of 16 December 1996 for the issue of investments, Publications Office and ECSC, English
additional import licences as a transitional measure under Language Unit, in Luxembourg. He was established in his
the common organization of the markets in the banana post by decision of 28 October 1996, which took effect on
sector Ð the Court of First Instance (Fourth Chamber), 1 November 1996.
composed of P. Lindh, President, and K. Lenaerts and J. D.
Cooke, Judges; H. Jung, Registrar, has made an order the
operative part of which is as follows: The act complained of is the decision of 12 March 1997
annulling and replacing that of 26 February 1996, by
which the appointing authority appointed the applicant a
1. There is no need to adjudicate. probationer official in grade LA 7, step 3.