Judgments nº T-38/96 of Court of First Instance of the European Communities, July 10, 1997

• Resolution Date: July 10, 1997
• Issuing Organization: Court of First Instance of the European Communities
• Decision Number: T-38/96

JUDGMENT OF THE COURT OF FIRST INSTANCE (Second Chamber,

Extended Composition)

10 July 1997(1) [234s(Competition — Action for failure to act — No need for a ruling — Action for

damages — Inadmissibility)[s

In Case T-38/96,

Guérin Automobiles, a company incorporated under French law, in liquidation, with

its registered office at Alençon (France), represented by Jean Claude Fourgoux, of

the Paris Bar and of the Brussels Bar, with an address for service in Luxembourg

at the Chambers of Pierrot Schiltz, 4 Rue Béatrix de Bourbon,

v

Commission of the European Communities, represented initially by Francisco

Enrique González Díaz, of its Legal Service, and Guy Charrier, a national civil

servant on secondment to the Commission, acting as Agents, and subsequently by

Giuliano Marenco, Legal Adviser, and Guy Charrier, with an address for service

in Luxembourg at the office of Carlos Gómez de la Cruz, of its Legal Service,

Wagner Centre, Kirchberg,

APPLICATION for (i) a declaration that the Commission failed to act, by not

addressing a statement of objections to Nissan France and (ii) compensation for the

damage caused to the applicant by that failure to act,

THE COURT OF FIRST INSTANCEOF THE EUROPEAN COMMUNITIES (Second Chamber, Extended

Composition),

composed of: C.W. Bellamy, President, C.P. Briët and A. Kalogeropoulos, Judges,Registrar: A. Mair, Administrator,

having regard to the written procedure and further to the hearing on 20 November

1996,

gives the following

Facts and...