Judgment of the Court of First Instance of 12 July 2001 in Joined Cases T-12/99 and T-63/99 UK Coal plc v Commission of the European Communities (ECSC Treaty — Decision No 3632/93/ECSC — Operating aid and aid for the reduction of activity — Authorisation ex post facto of aid already paid — Improvement of the viability of recipient undertakings — Degression of aid — Bonus paid to underground mineworkers (Bergmannsprämie) — Amendment of a modernisation, rationalisation and restructuring plan — Taking account of a concentration between undertakings — Statement of reasons)
Date: 2001-11-24
Institutions: Court of First Instance
Subjects: European Commission, Germany, State aid, action for annulment (EU), aid to industry, coal industry

C 331/18

EN

Official Journal of the European Communities

24.11.2001

COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 12 July 2001

in Joined Cases T-198/95, T-171/96, T-230/97, T-174/98
and T-225/99, Comafrica SpA and Dole Fresh Fruit Europe
Ltd & Co. v Commission of the European Communities (1)

(Common organisation of the markets — Bananas — Action
for annulment — Admissibility — Legality of reduction and
adjustment coefficients — Action for damages)

(2001/C 331/28)

(Language of the case: English)

In Joined Cases T-198/95, T-171/96, T-230/97, T-174/98 and
T-225/99 Comafrica SpA, established in Genoa (Italy), and
Dole Fresh Fruit Europe Ltd & Co., established in Hamburg
(Germany), represented by B. O’Connor, Solicitor, and B. Gar-
cı´a Porras, lawyer, with an address for service in Luxembourg,
against Commission of the European Communities (Agents:
X. Lewis, K. Fitch, H. van Vliet, T. van Rijn, C. Van der
Hauwaert, E. de March, J. Flett and J. Handoll), supported by
the French Republic, (Agents: C. Vasak, C. de Salins, K. Rispal-
Bellanger and F. Pascal),
in Cases T-198/95, T-171/96,
T-230/97, and the Kingdom of Spain, (Agent: R. Silva de
Lapuerta), in Cases T-230/97 and T-225/99 — application
for — in Case T-198/95, first, annulment of Commission
Regulation (EC) No 1869/95 of 26 July 1995, amending
Regulation (EC) No 2947/94 fixing the single reduction
coefficient for the determination of the quantity of bananas to
be allocated to each operator in categories A and B within the
tariff quota for 1995 (OJ 1995 L 179, p. 38), and, secondly,
for damages together with interest thereon, in compensation
for the loss caused to the applicants by the adoption of
Regulation (EC) No 1869/95, — in Case T-171/96, first,
annulment of Commission Regulation (EC) No 1561/96
of 30 July 1996 fixing the reduction coefficients for the
determination of the quantity of bananas to be allocated to
each operator in categories A and B within the tariff quota for
1996 (OJ 1996 L 193, p. 15), and, secondly, for damages
together with interest thereon in compensation for the loss
caused to the applicants by the adoption of that Regulation —
in Case T-230/97, first, annulment of Commission Regulation
(EC) No 1155/97 of 25 June 1997 fixing the reduction
coefficients for the determination of the quantity of bananas
to be allocated to each operator in categories A and B within
the tariff quota for 1997 (OJ 1997 L 168, p. 67) and, secondly,
for damages together with interest thereon in compensation
for the loss caused to the applicants by the adoption of
that Regulation — in Case T-174/98, first, annulment of
Commission Regulation (EC) No 1721/98 of 31 July 1998
fixing the reduction coefficients for the determination of the
quantity of bananas to be allocated to each operator in
categories A and B within the tariff quota for 1998 (OJ 1998

L 215, p. 62) and, secondly, for damages together with interest
thereon in compensation for the loss caused to the applicants
by the adoption of that Regulation — in Case T-225/1999,
first, annulment of Commission Regulation (EC) No 1586/99
of 20 July 1999 amending Regulation (EC) No 2632/98 laying
down for 1999 the single adjustment coefficient to be applied
to each traditional operator’s provisional reference quantity
under the tariff quotas for traditional ACP bananas (OJ 1999
L 188, p. 19) and, secondly, for damages together with interest
thereon in compensation for the loss caused to the applicants
by the adoption of Regulation (EC) No 1586/1999, — the
Court of First Instance (Fifth Chamber), composed of P. Lindh,
President, R. Garcı´a-Valdecasas and J.D. Cooke, Judges; J. Pala-
cio Gonza´lez, Administrator, for the Registrar, has given a
judgment on 12 July 2001, in which it:

1. Dismisses the claims for annulment as inadmissible.

2. Dismisses the claims for damages as unfounded.

3. Orders the applicants to bear their own costs and jointly to pay

the costs of the Commission.

4. Orders the interveners to bear their own costs.

(1) OJ C 351 of 30.12.95, C 9 of 11.1.97, C 318 of 18.10.97, C 160

of 5.6.1999 and C 6 of 8.1.2000.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 12 July 2001

in Joined Cases T-12/99 and T-63/99 UK Coal plc v
Commission of the European Communities (1)

(ECSC Treaty — Decision No 3632/93/ECSC — Operating
aid and aid for the reduction of activity — Authorisation ex
post facto of aid already paid — Improvement of the viability
of recipient undertakings — Degression of aid — Bonus
paid to underground mineworkers (Bergmannsprämie) —
Amendment of a modernisation, rationalisation and restruc-
turing plan — Taking account of a concentration between
undertakings — Statement of reasons)

(2001/C 331/29)

(Language of the case: English)

In Joined Cases T-12/99 and T-63/99 UK Coal plc, formerly
RJB Mining plc, whose registered office is in Harworth (United
and
Kingdom),

represented by M. Brealey, Barrister,

24.11.2001

EN

Official Journal of the European Communities

C 331/19

Federal Republic of Germany

J. Lawrence, Solicitor, with an address for service in Luxem-
bourg, against Commission of the European Communities
(Agents: V. Kreuschitz and K.-D. Borchardt, and N. Khan),
supported by
(Agents:
W.-D. Plessing, T.
Jürgensen and M. Maier) and by RAG
Aktiengesellschaft, established in Essen (Germany), represented
by M. Hansen and S. Völcker, lawyers, with an address for
service in Luxembourg — applications for annulment of
Commission Decisions 1999/270/EC and 1999/299/ECSC of
2 and 22 December 1998 on German aid to the coal industry
for 1998 and 1999 (OJ 1999 L 109, p. 14 and L 117, p. 44)
— the Court of First Instance (Second Chamber, Extended
Composition), composed of A.W.H. Meij, President, K. Le-
naerts, A. Potocki, M. Jaeger and J. Pirrung, Judges; D. Chris-
tensen, Administrator, for the Registrar, has given a judgment
on 12 July 2001, in which it:

1. Dismisses the actions;

2. Orders the applicant to bear its own costs and those incurred
by the Commission and the intervener RAG Aktiengesellschaft;

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

(1) OJ C 86 of 27.3.1999 and C 160 of 5.6.1999.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 12 July 2001

in Case T-120/99 Christina Kik v Office for Harmonisation
(Trade Marks and Designs)
in the Internal Market

(OHIM) (1)

(Article 115 of Regulation (EC) No 40/94 — Rules govern-
ing languages at the Office for Harmonisation in the
Internal Market (Trade Marks and Designs) — Plea of
illegality — Principle of non-discrimination)

(2001/C 331/30)

(Language of the case: Dutch)

In Case T-120/99 Christina Kik, residing in The Hague
(Netherlands), represented by G.L. Kooy,
lawyer, with an
address for service in Luxembourg, supported by the Hellenic
Republic (Agents: K. Samoni-Randou and S. Vodina), against
the Office for Harmonisation in the Internal Market (Trade
Marks and Designs) (OHIM) (Agents: O. Montalto, J. Miranda
de Sousa, and J. Bourgeois), supported by the Kingdom of
Spain (Agent: S. Ortiz Vaamonde) and the Council of the
European Union (Agents: G. Houttuin and A. Lo Monaco) —
action brought against the decision of the Third Board of
Appeal of the Office for Harmonisation in the Internal Market
(Trade Marks and Designs) of 19 March 1999 (Case R 65/98-3)

— the Court of First Instance (Fourth Chamber, Extended
Composition), composed of P. Mengozzi, President, R. Garcı´a-
Valdecasas, V. Tiili, R.M. Moura Ramos and J.D. Cooke, Judges;
H. Jung, Registrar, has given a judgment on 12 July 2001, in
which it:

1. Dismisses the action;

2. Orders the applicant to pay her own costs and those incurred

by the defendant;

3. Orders each of the interveners to bear their own costs.

(1) OJ C 246 of 28.8.1999.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 27 June 2001

in Case T-166/99, Luis Fernando Andres de Dios and
Others v Council of the European Union (1)

(Decision 1999/307/EC — Integration of the Schengen
Secretariat into the General Secretariat of the Council —
Action for annulment — Admissibility)

(2001/C 331/31)

(Language of the case: French)

In Case T-166/99 Luis Fernando Andres de Dios, residing in
Brussels, Belgium, Maria Soledad Garcı´a Retortillo, residing in
Ca´ceres, Spain, Suzanne Kitlas, residing in Brussels, Jacques
Verraes, residing in Brussels, represented by J.-N. Louis,
G. Parmentier and V. Peere, lawyers, with an address for service
in Luxembourg, supported by Union syndicale-Bruxelles,
established in Brussels, represented by S. Parmesan, lawyer,
with an address for service in Luxembourg, against Council of
the European Union (Agents: M. Bauer, F. Anton and
A. Bentley) — application for annulment of Council Decision
1999/307/EC of 1 May 1999 laying down the detailed
arrangements for the integration of the Schengen Secretariat
into the General Secretariat of the Council (OJ 1999 L 119,
p. 49) — the Court of First Instance (Second Chamber),
composed of A.W.H. Meij, President, A. Potocki and J. Pirrung,
Judges; D. Christensen, Administrator, for the Registrar, has
given a judgment on 27 June 2001, in which it:

1. Dismisses the action as inadmissible;

2. Orders the applicants to bear their own costs and jointly and

severally to pay those of the Council;

3. Orders the intervener to bear its own costs.

(1) OJ C 281 of 2.10.1999.