Court of Justice of the European Communities (including Court of First Instance Decisions)

ORDER OF THE PRESIDENT OF THE COURT

15 July 2009 (*)

(Joinder)

In Case C-191/09 P,

APPEAL under Article 56 of the Statute of the Court of Justice, brought on 29 May 2009 (fax of 20 May 2009),

Council of the European Union, represented by J.-P. Hix, acting as Agent, and G. Berrisch, Rechtsanwalt,

appellant,

the other parties to the proceedings being:

Interpipe Nikopolsky Seamless Tubes Plant Niko Tube ZAT (Interpipe Niko Tube ZAT), formerly Nikopolsky Seamless Tubes Plant ‘Niko Tube’ ZAT, established in Nikopol (Ukraine),

Interpipe Nizhnedneprovsky Tube Rolling Plant VAT (Interpipe NTRP VAT), formerly Nizhnedneprovsky Tube-Rolling Plant VAT, established in Dnipropetrovsk (Ukraine),

represented by P. Vander Schueren, avocat,

applicants at first instance,

Commission of the European Communities, represented by H. van Vliet and C. Clyne, acting as Agents, with an address for service in Luxembourg,

intervener at first instance,

and in Case C-200/09 P,

APPEAL under Article 56 of the Statute of the Court of Justice, brought on 27 May 2009 (fax of 26 May 2009),

Commission of the European Communities, represented by H. van Vliet and C. Clyne, acting as Agents, with an address for service in Luxembourg,

appellant,

the other parties to the proceedings being:

Interpipe Nikopolsky Seamless Tubes Plant Niko Tube ZAT (Interpipe Niko Tube ZAT), formerly Nikopolsky Seamless Tubes Plant ‘Niko Tube’ ZAT, established in Nikopol (Ukraine),

Interpipe Nizhnedneprovsky Tube Rolling Plant VAT (Interpipe NTRP VAT), formerly Nizhnedneprovsky Tube-Rolling Plant VAT, established in Dnipropetrovsk (Ukraine),

represented by P. Vander Schueren, avocat,

applicants at first instance,

Council of the European Union, represented by J.-P. Hix, acting as Agent, and G. Berrisch, Rechtsanwalt,

defendant at first instance,

THE PRESIDENT OF THE COURT,

after hearing First Advocate General Sharpston,

makes the following

Order

1 By letter of 9 June 2009, the Court requested the parties to state their position on the possible joinder of Cases C-191/09 P and C-200/09 P for the purposes of the written and oral procedure and of the judgment.

2 By letter received at the Court Registry on 25 June 2009 (fax of 19 June), the parties Interpipe Nikopolsky Seamless Tubes Plant Niko Tube ZAT and Interpipe Nizhnedneprovsky Tube Rolling Plant VAT informed the Court that they agreed to a possible joinder of the cases at issue.

3 By letter received at the Court Registry on 25 June 2009 (fax of 19 June), the Council informed the Court that it had no objections concerning the joinder of the cases at issue.

4 In its appeal, the Commission had already stated that it would not oppose a possible joinder of the two cases.

5 Since the above cases concern the same subject-matter, it is appropriate, in accordance with Article 43 of the Rules of Procedure, to join them for the purposes of the written and oral procedure and of the judgment.

On those grounds, the President of the Court hereby orders:

1. Cases C-191/09 P and C-200/09 P are joined for the purposes of the written and oral procedure and of the judgment.

2. Costs are reserved.

Luxembourg, 15 July 2009.

* Language of the case: English.

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