Judgment of the Court of First Instance of 15 March 2001 in Case T-73/98: Société Chimique Prayon-Rupel SA v Commission of the European Communities (State aid — Failure to open the procedure under Article 93(2) of the EC Treaty (now Article 88(2) EC) — Serious difficulty)
Date: 2001-05-19
Institutions: Court of First Instance
Subjects: Belgium, European Commission, Germany, State aid, action for annulment (EU), chemical industry

C 150/20

EN

Official Journal of the European Communities

19.5.2001

COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

2. Orders the defendant

the arrears of
remuneration not received since the withdrawal of his resig-
nation, together with default interest at the rate of 6,75%;

to pay the applicant

of 23 February 2001

3. Orders the defendant to pay the applicant the token sum of one
euro by way of compensation for non-pecuniary damage;

in Joined Cases T-7/98, T-208/98 and T-109/99; Carlo De
Nicola v European Investment Bank (1)

4. Orders the defendant to pay all the costs;

5. Dismisses the remainder of the application.

(1) OJ C 94, (28.3.1998), and C 71, (13.3.1999).

(European Investment Bank — Staff — Action for annul-
ment — Admissibility — Time-limit for initiating action —
Substance — Anual performance appraisal — Promotion —
Consideration of comparative merits — Principle of equal
treatment — Misuse of powers — Mental harassment —
Resignation — Conditions of validity — Form — Capacity
— Refusal of administration to accept withdrawal of resig-
nation — Request to remove documents from the file —
Action for damages)

(2001/C 150/36)

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 15 March 2001

(Language of the case: Italian)

in Case T-73/98: Société Chimique Prayon-Rupel SA v
Commission of the European Communities (1)

initially,

In Joined Cases T-7/98 and T-208/98; Carlo De Nicola, an
employee of
the European Investment Bank, residing in
Strassen (Luxembourg), represented by L. Isola, avocat, and
in Case T-7/98, by F. Randolph, Barrister, against
also,
European Investment Bank (Agents:
in Case
T-78/98, G. Marchegiani and then, and also in Case T-208/98,
P. Koskelo, E. Uhlmann and C. Camilli) — application for
annulment of the applicant’s annual performance appraisals
for 1996 and 1997 in so far as they do not contain a proposal
for promotion and also of the promotion decisions taken
by the European Investment Bank following those annual
appraisals, in so far as they relate to promotions from Function
to
E to Function D and fail
Function D, and T-109; Carlo De Nicola, a former servant of
the European Investment Bank, residing in Rome, represented
by L. Isola, avocat, against European Investment Bank (Agents:
P. Koskelo, E. Uhlmann and C. Camilli) — application for a
declaration that the applicant’s resignation is void and for
annulment of the European Investment Bank’s letter of 2 Febru-
ary 1999 refusing to accept the withdrawal of that resignation
and the letter of 25 February 1999 purporting to dismiss the
applicant — the Court of First Instance, composed of K. Lena-
erts, President, and J. Azizi and M. Jaeger, Judges; B. Pastor,
Principal Administrator, for the Registrar, has given a judgment
on 23 February 2001, in which it:

to promote the applicant

(State aid — Failure to open the procedure under Article
93(2) of the EC Treaty (now Article 88(2) EC) — Serious
difficulty)

(2001/C 150/37)

(Language of the case: French)

In Case T-73/98: Société Chimique Prayon-Rupel SA, estab-
lished in Engis (Belgium), represented by B. van de Walle de
Ghelcke, lawyer, with an address for service in Luxembourg,
against Commission of the European Communities (Agent:
D. Triantafyllou), supported by the Federal Republic of Germ-
any (Agents: B. Muttelsee-Schön and C. von Donat) —
application for annulment of the decision of the Commission
of 16 December 1997 to raise no objection to the grant of aid
by the Federal Republic of Germany to Chemische Werke
Piesteritz GmbH — the Court of First Instance (Fifth Chamber,
Extended Composition), composed of R. Garcı´a-Valdecasas,
President, and P. Lindh, J.D. Cooke, M. Vilaras and N.J. For-
wood,
for the
Judges; B. Pastor, Principal Administrator,
Registrar; has given a judgment on 15 March 2001, in which
it:

1. Annuls the defendant’s decision of 2 February 1999 refusing
to accept the withdrawal of the applicant’s resignation;

1. Annuls the decision of the Commission of 16 December 1997
to raise no objection to the grant of aid by the Federal Republic
of Germany to Chemische Werke Piesteritz GmbH;

19.5.2001

EN

Official Journal of the European Communities

C 150/21

2. Orders the Commission to bear its own costs together with
those of the applicant in the main proceedings and in the
application for interim relief;

3. Orders the Federal Republic of Germany to bear its own costs.

(1) OJ C 312 of 10.10.98.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 20 February 2001

in Case T-112/98: Mannesmannröhren-Werke AG v Com-
mission of the European Communities (1)

(Action for annulment — Competition — Decision to request
information — Periodic penalty payments — Right to refuse
to provide answers that imply admission of an infringement
— Convention for the Protection of Human Rights and
Fundamental Freedoms)

(2001/C 150/38)

(Language of the case: German)

In Case T-112/98: Mannesmannröhren-Werke AG, established
at Mülheim an der Ruhr (Germany), represented by M. Klus-
mann and K. Moosecker, Rechtsanwälte, with an address for
service in Luxembourg, against Commission of the European
Communities (Agents: K. Wiedner and M. Hilf) — application
for annulment of Commission Decision C(98) 1204 of 15 May
1998 relating to a procedure under Article 11(5) of Council
Regulation No 17 — the Court of First Instance (First Chamber,
Extended Composition), composed of B. Vesterdorf, President,
and A. Potocki, A.W.H. Meij, M. Vilaras and N.J. Forwood,
Judges; H. Jung, Registrar, has given a judgment on 20 February
2001, in which it:

1. Annuls Commission Decision C(98) 1204 of 15 May 1998
relating to a procedure under Article 11(5) of Council
Regulation No 17, in so far as it relates to the last indent of
each of questions 1.6, 1.7 and 2.3 and to question 1.8 of the
request for information sent to the applicant on 13 August
1997;

2. Dismisses the remainder of the application;

3. Orders the defendant to bear its own costs and to pay two thirds
of the costs of the applicant, which shall bear the remaining
third.

(1) OJ C 312 of 10.10.98.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 8 February 2001

in Case T-183/98: Jean-François Ferrandi v Commission
of the European Communities (1)

(Officials — Transfer of pension rights — Weighting for
old-age pension — Protection against the risk of sickness —
Invalidity pension — Force of res judicata)

(2001/C 150/39)

(Language of the case: French)

In Case T-183/98: Jean-François Ferrandi, former official at the
Commission of the European Communities, residing in Ajaccio
(France), represented by J.-B. Giuseppi, avocat, with an address
for service in Luxembourg, against Commission of the Euro-
pean Communities (Agents: G. Valsesia and F. Clotuche-
Duvieusart) — application for, first, annulment of the decision
of the Commission to reject the applicant’s requests for his
pension rights acquired prior to entering the service of
the European Communities to be transferred, the weighting
applicable to his old-age pension to be recalculated,
for
protection against the risk of sickness and for an invalidity
pension and, secondly, for compensation for harm caused as a
result of those requests having been refused — the Court of
First Instance (Single Judge: P. Mengozzi); H. Jung, Registrar,
gave a judgment on 8 February 2001, in which it:

1.

2.

dismisses the application;

orders each of the parties to bear their own costs.

(1) OJ C 1 of 4.1.99.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 1 February 2001

in Case T-1/99: T. Port GmbH & Co. KG v Commission of
the European Communities (1)

(Bananas — Common organisation of the markets —
Regulation (EC) No 478/95 — Export licence scheme —
Action for damages — Proof of damage and causal link)

(2001/C 150/40)

(Language of the case: German)

In Case T-1/99: T. Port GmbH & Co. KG, established in
Hamburg (Germany), represented by G. Meier, Rechtsanwalt,