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Court of Justice of the European Communities (including Court of First Instance Decisions) |
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You are here: BAILII >> Databases >> Court of Justice of the European Communities (including Court of First Instance Decisions) >> Pevasa v Commission (Agriculture) [1998] EUECJ C-200/94P (05 March 1998) URL: http://www.bailii.org/eu/cases/EUECJ/1998/C20094P.html Cite as: [1998] EUECJ C-200/94P |
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JUDGMENT OF THE COURT (Second Chamber)
5 March 1998 (1)
(Revision of a judgment - New and decisive factor - Inadmissibility)
In Joined Cases C-199/94 P and C-200/94 P REV,
CompaÄnia Internacional de Pesca y Derivados SA (Inpesca), a company incorporated under Spanish law, established in Bermeo (Spain), represented by Maria Iciar Angulo Fuertes, of the Vizcaya Bar, with an address for service in Luxembourg at the Chambers of Ernest Arendt, 8-10 Rue Mathias Hardt,
applicant for revision,
APPLICATION for revision of the order of the Court of Justice of 26 October 1995 in Joined Cases C-199/94 P and C-200/94 P Pevasa and Inpesca v Commission [1995] ECR I-3709,
the other parties to the proceedings being:
Commission of the European Communities, represented by Francisco Santaolalla Gadea, Principal Legal Adviser, and José Luis Iglesias Buhigues, Legal Adviser, acting as Agents, with an address for service in Luxembourg at the office of Carlos Goméz de la Cruz, of its Legal Service, Wagner Centre, Kirchberg,
and
Pesqueria Vasco-MontaÄnesa SA (Pevasa), a company incorporated under Spanish law, established in Bermeo (Spain), represented by Maria Iciar Angulo Fuertes, of the Vizcaya Bar, with an address for service in Luxembourg at the Chambers of Ernest Arendt, 8-10 Rue Mathias Hardt,
THE COURT (Second Chamber),
composed of: R. Schintgen, President of the Chamber, G.F Mancini (Rapporteur) and G. Hirsch, Judges,
Advocate General: S. Alber,
Registrar: R. Grass,
after hearing the Advocate General,
gives the following
necessary steps to grant the said financial aid; and (iv) an order directing the Commission to pay compensation for the damage caused by its conduct.
- declare the application for revision admissible;
- set aside the order of the Court of Justice and, consequently, declare admissible the action brought before the Court of First Instance for the annulment of the contested decisions;
- annul the contested decisions;
- direct the Commission to take the necessary steps to grant the financial aid sought from the Community, in accordance with Article 176 of the EC Treaty;
- declare the claim for compensation in respect of the damage suffered as a result of the Commission's conduct, pursuant to Articles 176, 178 and 215 of the EC Treaty to be admissible and well founded;
- order the Commission to pay the costs.
- declare the application for revision inadmissible;
- order the applicant for revision to pay the costs.
to the court which delivered it as well as to the party applying for revision and which, had the court been able to take them into consideration, could have led it to a different determination of the proceedings (see, in particular, Case C-130/91 REV II ISAE/VP and Interdata v Commission, cited above, paragraph 6).
Costs
22. Under Article 69(2) of the Rules of Procedure, the unsuccessful party is to be ordered to pay the costs. Since the applicant has been unsuccessful, it must be ordered to pay the costs. Pursuant to Article 69(4) of the Rules of procedure, Pevasa must be ordered to bear its own costs.
On those grounds,
THE COURT (Second Chamber)
hereby:
1. Dismisses the application for revision as inadmissible;
2. Orders Inpesca to pay the costs;
3. Orders Pevasa to bear its own costs.
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Delivered in closed session in Luxembourg on 5 March 1998.
R. Grass R. Schintgen
Registrar President of the Second Chamber
1: Language of the case: Spanish.