Judgment of the Court of First Instance of 7 June 2001 in Case T-187/99 Agrana Zucker und Stärke AG v Commission of the European Communities (Action for annulment — State aid — Aid incompatible with the common market — Time-limit for investigation — Act of Accession — Declaration No 31 — Statement of reasons)
Date: 2001-09-15
Institutions: Court of First Instance
Subjects: Austria, European Commission, State aid, action for annulment (EU), aid to undertakings, starch

15.9.2001

EN

Official Journal of the European Communities

C 259/7

4. Orders the applicant

to pay the Commission the sum of
EUR 49 844, plus interest at an annual rate of 7 % as from
31 January 1999.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 7 June 2001

5. Orders the applicant to bear its own costs and to pay half of

the costs incurred by the Commission.

in Case T-187/99 Agrana Zucker und Stärke AG v
Commission of the European Communities (1)

6. Orders the Commission to bear half of its own costs.

(1) OJ C 160 of 5.6.99.

(Action for annulment — State aid — Aid incompatible
with the common market — Time-limit for investigation —
Act of Accession — Declaration No 31 — Statement of
reasons)

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 14 June 2001

in Case T-143/99 Hortiplant SAT v Commission of the
European Communities (1)

(EAGGF — Cancellation of

financial assistance —

Article 24 of Regulation (EEC) No 4253/88)

(2001/C 259/08)

(Language of the case: Spanish)

In Case T-143/99, Hortiplant SAT, established in Amposta
(Spain), represented by C. Ferna´ndez Vicién and Iglesias Roa,
lawyers, against Commission of the European Communities
(Agents: L. Visaggio and J. Guerra Ferna´ndez) — application
for the annulment of the Commission decision of 4 March
1999 to cancel the financial assistance granted to Hortiplant
SAT by Commission Decision C(92) 3125 of 3 December
1992 concerning the granting of aid from the EAGGF
Guidance Section pursuant
to Council Regulation (EEC)
No 4256/88 in the context of a project entitled ‘Initiative in
the form of a pilot project
to demonstrate a new and
highly efficient method of producing seedlings, as applied to
ornamental and woodland species’ — the Court of First
Instance (Fourth Chamber), composed of P. Mengozzi, Presi-
dent, V. Tiili and R.M. Moura Ramos, Judges; H. Jung, Registrar,
has given a judgment on 14 June 2001, in which it:

1. Dismisses the application.

2. Orders the applicant to bear its own costs and those of the
Commission, including those in the proceedings for interim
relief.

(1) OJ C 226 of 7.8.99.

(2001/C 259/09)

(Language of the case: German)

(Austria),

In Case T-187/99, Agrana Zucker und Stärke AG, established
in Vienna
represented by W. Barfuß and
H. Wollmann, lawyers, with an address for service in Luxem-
bourg, against Commission of the European Communities
(Agents: M. Erhart and D. Triantafyllou) — application for
annulment of Commission Decision 1999/342/EC of 30 Sep-
tember 1998 concerning aid which Austria plans to grant to
Agrana Stärke- GmbH to build and convert starch production
facilities (OJ 1999 L 131, p. 61) — the Court of First Instance
(Fifth Chamber, Extended Composition), composed of P. Lindh,
President, R. Garcı´a-Valdecasas, J.D. Cooke, M. Vilaras and
N. Forwood, Judges; G. Hertzig, Administrator, for the Regis-
trar, has given a judgment on 7 June 2001, in which it:

1. Dismisses the application;

2. Orders the applicant to bear its own costs and pay those of the

Commission.

(1) OJ C 314 of 30.10.99.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 14 June 2001

in Case T-230/99: Hans McAuley v Council of the Euro-
pean Union (1)

(Officials — Appointment by way of promotion — Annul-
ment — Examination of the comparative merits — Manifest
error of assessment)

(2001/C 259/10)

(Language of the case: French)

In Case T-230/99: Hans McAuley, an official of the Council
of
the European Union, residing in Wezembeek-Oppem
(Belgium), represented by J-N. Louis, G-F. Parmentier and