Case T-133/01: Action brought on 12 June 2001 by Jörg Riedemann, Rechtsanwalt, as liquidator of ZEMAG GmbH, against the Commission of the European Communities
Date: 2001-09-15
Institutions: Court of First Instance
Subjects: European Commission, Germany, State aid, action for annulment (EU), control of State aid, industrial enterprise

C 259/12

EN

Official Journal of the European Communities

15.9.2001

D. Lo´ pez Garido,
lawyer, with an address for service in
Luxembourg against the Council of the European Union
(Agents: F. Anton and G. Ramos Ruano) and the European
Parliament (Agents: M. Go´ mez Leal and F. de Wachter) —
application for annulment of the guide for candidates and the
notice of competition aimed at drawing up reserve lists for
Spanish-language adminstrators and Spanish-language assist-
ant administrators (EUR/A/159/2000 and PE/90/A — the
Court of First
Instance (Second Chamber), composed of
A.W.H. Meij (President), A. Potocki and J. Pirrung, Judges;
H. Jung, Registrar, made an order on 2 May 2001, the operative
part of which is as follows:

1.

2.

The application is dismissed as inadmissible;

The parties shall bear their own costs, including costs relating
to proceedings on the application for interim measures.

(1) OJ C 316 of 4.11.00.

ORDER OF THE PRESIDENT OF THE COURT OF FIRST
INSTANCE

of 21 May 2001

in Case T-52/01 R: Jürgen Schaefer v the Commission of
the European Communities

(Applications for interim measures — Officials — Reassign-
ment — Admissibility — Prima facie case — Urgency)

ORDER OF THE PRESIDENT OF THE COURT OF FIRST
INSTANCE

of 8 May 2001

in Case T-95/01 R: Gérard Coget and Others v Court of
Auditors of the European Communities

(Applications for interim measures — Officials — Internal
competition — Admissibility)

(2001/C 259/21)

(Language of the case: French)

In Case T-95/01 R: Gérard Coget, an official of the Court of
Auditors of the European Communities, Hettange-Grande,
France, Pierre Hugé, an official of the Court of Auditors of the
European Communities, residing in Bonnevoie, Grand Duchy
of Luxembourg, and Emmanuel Gabolde, an official of the
Court of Auditors of the European Communities, residing in
Metz, France, represented by André Soulier, lawyer, against
Court of Auditors of the European Communities — application
for suspension of operation of the decision of the Court of
Auditors of 22 February 2001 filling, with effect from 1 July
2001, the post of Secretary General — the President of the
Court of First Instance made an order on 8 May 2001, the
operative part of which is as follows:

1.

2.

The application for interim measures is dismissed as inadmis-
sible.

The costs are reserved.

(2001/C 259/20)

(Language of the case: Spanish)

Action brought on 12 June 2001 by Jörg Riedemann,
Rechtsanwalt, as liquidator of ZEMAG GmbH, against the
Commission of the European Communities

the European Communities,

In Case T-52/01 R: Jürgen Schaefer, an official of the Com-
represented by
mission of
J. R. Iturriagagoitia, lawyer, against Commission of the Euro-
pean Communities (Agents: J. Currall and E. Gippini-Fournier)
— application for first, suspension of operation of the decision
of the Commission of 12 February 2001 transferring the
applicant to Brussels and, secondly, suspension of any pro-
cedure initiated with a view to filling the vacancy arising from
the order transferring the applicant — the President of the
Court of First Instance made an order on 21 May 2001, the
operative part of which is as follows:

1.

2.

The application for interim measures is dismissed.

The costs are reserved.

(Case T-133/01)

(2001/C 259/22)

(Language of the case: German)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 12 June 2001 by Jörg Riedemann,
Rechtsanwalt, as liquidator of ZEMAG GmbH, Zeitz, Germany,
represented by Ulrich Vahlhaus, Rechtsanwalt.

The applicant claims that the Court should annul Commission
decision K(2201)1028 of 28 March 2001 on state aid granted
by Germany to EFBE Verwaltungs GmbH & Co Management
KG (now Lintra Beteiligungs Holdings GmbH, together with

15.9.2001

EN

Official Journal of the European Communities

C 259/13

Zeitzer Maschinen, Anlagen Geräte GmbH, LandTechnik
Schlüter GmbH, ILKA MAFA Kältetechnik GmbH, SKL Motore-
n- und Systembautechnik GmbH, SKL Spezialapparatebau
GmbH, Magdeburger Eisengießerei GmbH, Saxonia Edelmetal-
le GmbH and Gothaer Fahrzeugwerk GmbH)
(State aid
No C 41/99 (EXN49/95) Germany) in so far as it affects
ZEMAG (Zeitzer Maschinen, Anlagen Geräte) GmbH.

Action brought on 19 June 2001 by F against the Court of
Auditors of the European Communities

(Case T-138/01)

(2001/C 259/23)

Pleas in law and main arguments

(Language of the case: French)

By the contested decision, the Commission required Germany
to demand repayment of aid totalling DEM 34 978 million
from Lintra Beteiligungsholding GmbH and its subsidiary
companies. A total sum of DEM 6 496 271 was filed against
ZEMAG GmbH in the context of that company’s insolvency
proceedings. The Commission claims that the aid to the ‘Lintra
Group’ was unlawful and used in contravention of what was
laid down by the approved restructuring plan.

The applicant claims that the Commission made its decision
on the basis of false premisses. Also, the Commission did not
consider itself required to examine to what extent individual
undertakings within the group profited from the aid, liability
being assumed on grounds of convenience without any more
searching enquiries of subsidiary companies such as ZEMAG
GmbH.

The applicant argues that the Commission misused its discre-
tion. It demands the repayment of aid directly from the debtor
on insolvency, although the aid was not paid to the latter but
to the holding company.

further argues that

The applicant
the procedure under
Article 88(2) EC has been partially circumvented. The contested
the
measure was thus in breach of discretion, since,
Commission had investigated the matter carefully, it would
have been better able to judge the specific situation. It would
then also have been able to determine specifically what amount
of aid might under certain circumstances have been actually
reclaimable from the applicant.

if

An action against the Court of Auditors of the European
Community was brought before the Court of First Instance of
the European Communities on 19 June 2001 by F, domiciled
in Luxembourg, represented by Patrick Goergen, Lawyer, with
an address for service in Luxembourg.

The applicant claims that the Court should:

— Annul the Decision of 4 December 2000.

— Order the Court of Auditors of the European Communi-
ties to pay the applicant the sum of EUR 100 000 in
compensation for non-material damage suffered.

— Order the Court of Auditors of the European Communi-

ties to pay the costs.

Pleas in law and main arguments

The applicant challenges the decision to reassign her to the
translation service as a principal revisor translator responsible
for unrevised Italian translations and under the direct authority
of head of division but not attached to the Italian section.

Irrespective of an obligation to demand repayment of the aid
in question, such an obligation would affect ZEMAG GmbH
only if the former company members remained members of
the company after the second privatisation in 1997, which
was not the case. Direct personal liability of members thus
ceased to exist, at least after the second privatisation. Nor,
finally, was there any legal basis for demanding repayment
from the subsidiary companies in accordance with a formula,
as laid down in the contested decision.

In support of her action, the applicant pleads infringement of
procedural requirements in so far as the contested decision
contains no grounds and infringement of the rights of the
defence, a manifest error of assessment, infringement of the
principle of the protection of legitimate expectations and
infringement of the principle of proper administration and the
duty to have regard for the welfare of officials. The applicant
further claims misuse of power.