Judgment of the Court of First Instance of 16 May 2001 in Case T-68/99 Toditec NV v Commission of the European Communities (Arbitration clause — Non-performance of contract — Counterclaim)
Date: 2001-09-15
Institutions: Court of First Instance
Subjects: European Commission, appeal to the Court (EU), contract, dissemination of information, information technology industry, termination of a contract

C 259/6

EN

Official Journal of the European Communities

15.9.2001

5. Orders the Commission to pay the costs.

— the remainder of the application is dismissed;

6. Orders the United Kingdom of Great Britain and Northern
the French Republic and the Federal Republic of

Ireland,
Germany to bear their own costs.

— the parties shall bear their own costs, including those

relating to the interlocutory proceedings.

3.

In Case T-241/99:

(1) OJ C 318 of 18.10.97, C 378 of 20.12.97, C 94 of 28.3.98 and

C 246 of 28.8.99.

JUDGMENT OF THE COURT OF FIRST INSTANCE

— the Commission is ordered to pay to the applicant
EUR 1 000 by way of compensation for non-material
damage;

— the remainder of the application is dismissed;

— the Commission shall, in addition to bearing its own

costs, pay one-quarter of the applicant’s costs.

of 3 July 2001

(1) OJ C 94 of 28.3.98 and C 6 of 8.1.98.

in Joined Cases T-24/98 and T-241/99: E v Commission of
the European Communities (1)

(Officials — Temporary agent — Disciplinary action —
Suspension — Disciplinary measure — Termination without
notice of the contract — Period prescribed by the third
paragraph of Article 7 of Annex IX to the Staff Regulations
— Disregarded — Consequences — Action for annulment
and damages — No need to adjudicate)

(2001/C 259/06)

(Language of the case: French)

In Joined Cases T-24/98 and T-241/98: E, temporary member
of staff of the Commission of the European Communities,
residing in T.I. (Italy), represented by J.-N. Louis, G.-F. Parmen-
tier and V. Peere,
lawyers, with an address for service in
Luxembourg, against Commission of the European Communi-
ties (Agents: G. Valsesia and J. Currall) — application,
in
Case T-24/98, first, for annulment of the decision of the
Commission of 12 November 1997 to continue to keep the
applicant on suspension from duties and, secondly, seeking an
order requiring the Community to make good the damage
allegedly suffered by the applicant as a result of that decision
and, in Case T-241/99, an application, first, for annulment of
the decision of
the Commission of 22 December 1998
imposing on the applicant the disciplinary measure of termin-
ation without notice of the temporary-agent contract and,
secondly, seeking an order requiring the Community to make
good the damage allegedly suffered by the applicant as a result
of that decision and of the disciplinary procedure — the Court
of First Instance (Second Chamber), composed of A.W.H. Meij,
President, A. Potocki and J. Pirrung, Judges; H. Jung, Registrar,
gave a judgment on 13 July 2001, the operative part of which
is as follows:

1.

2.

Cases T-24/98 and T-241/99 are joined for the purposes of
the judgment.

In Case T-24/98:

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 16 May 2001

in Case T-68/99 Toditec NV v Commission of the Euro-
pean Communities (1)

(Arbitration clause — Non-performance of contract —
Counterclaim)

(2001/C 259/07)

(Language of the case: English)

In Case T-68/99 Toditec NV, established in Antwerp (Belgium),
represented by E. Ballon and H. Dubois, avocats, with an
address for service in Luxembourg, against Commission of the
European Communities (Agents: E. de March, M. Shotter and
J. Stuyck) — application pursuant to an arbitration clause
within the meaning of Article 181 of the EC Treaty (now
Article 238 EC) for the Commission to be required to pay the
sum of ECU 74 967, plus interest at the rate of 7 % (the legal
rate applicable in Belgium) as from 5 June 1998, and
counterclaim by the Commission for the applicant to be
required to pay it the sum of EUR 54 486, plus interest at the
rate of 7 % as from 31 January 1999 — the Court of First
Instance, composed of (Single Judge: M. Vilaras); J. Palacio
Gonza´lez, Administrator, for the Registrar, has given a judg-
ment on 16 May 2001, in which it:

1. Allows the applicant’s claim in so far as it seeks reimbursement
of expenditure on consumables amounting to EUR 4 642.

2. Dismisses the remainder of the application.

— there is no longer any need to adjudicate on the claims for

annulment;

3. Allows the Commission’s counterclaim.

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