Judgment of the Court of First Instance of 5 June 2001 in Case T-6/99: ESF Elbe-Stahlwerke Feralpi GmbH v Commission of the European Communities (ECSC Treaty — State aid — Investment aid — Operating aid — Scope of the ECSC Treaty — Principle of protection of legitimate expectations)
Date: 2002-01-05
Institutions: Court of First Instance
Subjects: European Commission, Germany, State aid, action for annulment (EU), aid to industry, iron and steel industry

C 3/22

EN

Official Journal of the European Communities

5.1.2002

3. Orders the Commission and the French Republic to bear their

JUDGMENT OF THE COURT OF FIRST INSTANCE

own costs.

(1) OJ C 71 of 13.3.1999.

of 5 June 2001

in Case T-6/99: ESF Elbe-Stahlwerke Feralpi GmbH v
Commission of the European Communities (1)

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 12 July 2001

(ECSC Treaty — State aid — Investment aid — Operating
aid — Scope of the ECSC Treaty — Principle of protection
of legitimate expectations)

in Case T-3/99: Banatrading GmbH v Council of the
European Union (1)

(Bananas — Imports from ACP States and third countries
— Regulation (EEC) No 404/93 — Possibility of relying on
WTO rules — First paragraph of Article 234 of the EC
Treaty (now, after amendment, first paragraph of Article
307 EC) — Action for damages)

(2002/C 3/34)

(Language of the case: German)

lawyer, against

In Case T-3/99: Banatrading GmbH, established in Hamburg
(Germany), represented by G. Meier,
the
Council of the European Union (Agents: S. Marquardt and
J.P. Hix) supported by the French Republic (Agents: K. Rispal-
Bellanger, C. Vasak, S. Seam and F. Million) and by the
Commission of the European Communities (Agent: K.-D. Bor-
chardt) — application for compensation for the loss which the
applicant has suffered as a result of the Council introducing,
under Council Regulation (EEC) No 404/93 of 13 February
1993 on the common organisation of the market in bananas
(OJ 1993 L 47, p. 1), provisions which are alleged to conflict
with Article I.1 and Article XIII of the General Agreement on
Tariffs and Trade (GATT) — the Court of First Instance
(Fifth Chamber), composed of P. Lindh, President, R. Garcı´a-
Valdecasas and J.D. Cooke, Judges; G. Herzig, Administrator,
for the Registrar, has given a judgment on 12 July 2001, in
which it:

1. Dismisses the action;

2. Orders the applicant to pay the costs;

3. Orders the Commission and the French Republic to bear their

own costs.

(1) OJ C 71 of 13.3.1999.

(2002/C 3/35)

(Language of the case: German)

In Case T-6/99: ESF Elbe-Stahlwerke Feralpi GmbH, established
in Riesa, Germany, represented by W.M. Kühne and S. Bauer,
avocats, with an address for service in Luxembourg, supported
by Federal Republic of Germany (Agents: W.-D. Plessing and
C.-D. Quassowski) and by the Freistaat Sachsen, represented
by J. Sedemund and T. Lübbig, avocats, with an address for
service in Luxembourg, against Commission of the European
Communities (Agents: D. Triantafyllou and P. Nemitz) —
application
of Commission Decision
1999/580/ECSC of 11 November 1998 concerning aid granted
by Germany to ESF Elbestahlwerk Feralpi GmbH, Riesa, Saxony
(OJ 1999 L 220, p. 28) — the Court of First Instance (Third
Chamber, Extended Composition), composed of
J. Azizi,
President, and P. Mengozzi, K. Lenaerts, R.M. Moura Ramos
and M.
for the
Registrar, has delivered a judgment on 5 June 2001 in which
it:

Judges; G. Herzig, Administrator,

annulment

Jaeger,

for

1. Annuls the first paragraph of Article 1 of Commission Decision
1999/580/ECSC of 11 November 1998 concerning aid
granted by Germany to EF Elbestahlwerk Feralpi GmbH, Riesa,
Saxony, in so far as the part of the investment grant granted to
the applicant in 1995 relating to investments in its cold wire
rod drawing plant is declared incompatible with Decision
No 2496/96/ESC and the common market for coal and steel;

2. Annuls

the second paragraph of Article 1 of Decision
1999/580, in so far as it states that the aid element of the
guarantees covering the operating loans of DEM 7.2 million
and DEM 4.8 million granted at the end of 1994 was not
authorised;

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Official Journal of the European Communities

C 3/23

3. Annuls Article 2 of Decision 1999/580, in so far as the
Federal Republic of Germany is required to recover from the
applicant the part of the investment grant make to the applicant
in 1995 in respect of investment in its cold wire rod drawing
plant and the aid element of the guarantees covering the
operating loans of DEM 7.2 million and DEM 4.8 million
granted at the end of 1994;

1. Annuls Council Regulation (EC) No 2450/98 of 13 November
1998 imposing a definitive countervailing duty on imports of
stainless steel bars originating in India and collecting definitively
the provisional duty imposed, in so far as it concerns imports
into the European Community of products manufactured by
Mukand Ltd, Isibars Ltd, Ferro Alloys Corporation Ltd and
Viraj Impoexpo Ltd;

4. Dismisses the remainder of the application;

5. Orders the applicant to pay two-thirds of its costs;

2.

3.

6. Orders the Commission to pay, in addition to its own costs, one

third of the costs incurred by the applicant;

The remainder of the application is dismissed as inadmissible;

The Council shall bear its own costs together with those incurred
by the applicants. The Commission shall bear its own costs.

7. Orders the interveners to bear their own costs.

(1) OJ C 160 of 5.6.1999.

(1) OJ C 86, 27.3.1999

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 10 October 2001

of 19 September 2001

in Case T-58/99: Mukand Ltd and Others v Council of the
European Union (1)

(Anti-subsidy proceedings — Regulation (EC) No 2450/98
— Stainless steel bright bars — Injury — Causal link)

in Case T-171/99: Corus UK Ltd v Commission of the
European Communities (1)

(Action for damages — Recovery of undue payments —
Harm suffered by reason of a partially annulled decision)

(2002/C 3/36)

(Language of the case: English)

(2002/C 3/37)

(Language of the case: English)

In Case T-58/99: Mukand Ltd, established in Mumbai (India),
Isibars Ltd, established in Mumbai, Ferro Alloys Corporation
Ltd, established in Nagpur (India), Viraj Impoexpo Ltd, estab-
lished in Mumbai, represented by K. Adamantopoulos, lawyer,
and J. Branton, Solicitor, with an address for service in
Luxembourg, against Council of the European Union (Agents:
S. Marquardt, H.-J. Rabe and G. Berrisch), supported by
Commission of the European Communities (Agents: V. Kreu-
schitz and N. Khan) — application for annulment of Council
Regulation (EC) No 2450/98 of 13 November 1998 imposing
a definitive countervailing duty on imports of stainless steel
bars originating in India and collecting definitively the pro-
visional duty imposed (OJ 1998 L 304, p. 1) — the Court
of First
Instance (First Chamber, Extended Composition),
composed of B. Vesterdorf, President, A. Potocki, J. Pirrung,
M. Vilaras and N.J. Forwood, Judges; D. Christensen, Adminis-
trator, for the Registrar, has given a judgment on 19 September
2001, in which it:

In Case T-171/99: Corus UK Ltd, formerly British Steel plc,
then British Steel Ltd, established in London, represented by
P.G.H. Collins and M. Levitt, Solicitors, with an address for
service in Luxembourg, against Commission of the European
Communities (Agents: J. Currall and W. Wils) — application
seeking compensation for the harm allegedly suffered by the
applicant through the Commission’s refusal to pay it interest
on the amount repaid pursuant to a judgment of the Court of
First Instance reducing the level of the fine imposed on it —
the Court of First Instance (First Chamber), composed of
B. Vesterdorf, President, M. Vilaras and N.J. Forwood, Judges;
G. Herzig, Administrator,
for the Registrar, has given a
judgment on 10 October 2001, in which it:

1. Orders the Commission to pay to the applicant the sum of
EUR 3 016 608, together with simple interest on that sum at
the fixed rate of 5.75 % per annum, for the period from
24 April 1999 to the date of the present judgment;