Judgment of the Court of First Instance of 31 January 2001 in Case T-156/98: RJB Mining plc v Commission of the European Communities (ECSC Treaty — Concentration between undertakings — Admissibility — State aid)
Date: 2001-05-05
Institutions: Court of First Instance
Subjects: European Commission, State aid, United Kingdom, action for annulment (EU), coal industry, production aid

5.5.2001

EN

Official Journal of the European Communities

C 134/17

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 31 January 2001

of 17 January 2001

in Case T-156/98: RJB Mining plc v Commission of the
European Communities (1)

(ECSC Treaty — Concentration between undertakings —
Admissibility — State aid)

(2001/C 134/35)

(Language of the case: English)

In Case T-156/98: RJB Mining plc, having its registered office
at Harworth, United Kingdom, represented by M. Brealey,
Barrister, and J. Lawrence, Solicitor, with an address for service
in Luxembourg at the Chambers of Arendt and Medernach,
8-10 Rue Mathias Hardt, against Commission of the European
Communities (Agents: K. Leivo and R. Lyal) supported by RAG
Aktiengesellschaft, established in Essen (Germany), represented
by M. Hansen, Denmark, and S. Völcker, Rechtsanwalt, Berlin,
with an address for service in Luxembourg at the Chambers of
Loesch and Wolter, 11 Rue Goethe, and by Federal Republic
of Germany, (Agents: W.-D. Plessing and C.-D. Quassowski)
— application for annulment of the Commission decision of
29 July 1998 authorising the acquisition by RAG Aktienge-
sellschaft of control of Saarbergwerke AG and Preussag
Anthrazit GmbH (Case No IV/ECSC.1252-RAG/Saarbergwerke
AG/Preussag Anthrazit) — the Court of First Instance (First
Chamber), composed of: B. Vesterdorf, President, M. Vilaras
and N.J. Forwood, Judges; H. Jung, Registrar, has given a
judgment on 31 January 2001, in which it:

1. Annuls the Commission decision of 29 July 1998 authorising
the acquisition of
control by RAG Aktiengesellschaft of
Saarbergwerke AG and Preussag Anthrazit GmbH (Case
No IV/ECSC.1252 — RAG/Saarbergwerke AG/Preussag
Anthrazit);

2. Orders the Commission to bear its own costs and to pay the
costs incurred by the applicant other than costs occasioned to
the applicant by the interventions of RAG Aktiengesellschaft
and the Federal Republic of Germany;

3. Orders RAG Aktiengesellschaft and the Federal Republic of

Germany to bear their own costs.

(1) OJ C 358 of 21.11.98.

in Case T-14/99: Marie-Jeanne Kraus v Commission of the
European Communities (1)

(Officials — Household allowance — Recovery of undue
payment — Manifest irregularity of the payment)

(2001/C 134/36)

(Language of the case: French)

the
In Case T-14/99: Marie-Jeanne Kraus, an official of
Commission of the European Communities, residing in Luxem-
bourg, represented by L. Thielen, of the Luxembourg Bar, with
an address for service in Luxembourg at the latter’s Chambers,
the European
10 Rue Willy Goergen, v Commission of
Communities (Agents: C. Berardis-Kayser, F. Clotuche-Duvieu-
sart and B. Wägenbaur) — application for annulment of the
Commission’s decision of 19 October 1998 requiring the
applicant to reimburse the household allowance received —
the Court of First Instance (Fourth Chamber), composed of:
P. Mengozzi, President, and V. Tiili and R.M. Moura Ramos,
Judges; J. Palacio Gonza´lez, Administrator, for the Registrar,
has given a judgment on 17 January 2001, in which it:

1. Dismisses the action;

2. Orders the parties to bear their own costs.

(1) OJ C 100 of 10.4.1999.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 16 January 2001

in Joined Cases T-97/99 and T-99/99: Michel Chamier and
Eoghan O’Hannrachain v European Parliament (1)

(Officials — Grade A 1 post — Article 29(2) of the Staff
Regulations — Notice of vacancy — Manifest error of
assessment — Misuse of powers)

(2001/C 134/37)

(Language of the case: French)

In Joined Cases T-97/99 and T-99/99: Michel Chamier, an
official of the European Parliament, residing at Reckange-sur-
Mess (Luxembourg), and Eoghan O’Hannrachain, an official of
the European Parliament, residing at Cents (Luxembourg),
represented by G. Vandersanden and L. Levi, of the Brussels