Judgment of the Court of First Instance of 22 November 2001 in Case T-9/98: Mitteldeutsche Erdoel-Raffinerie GmbH v Commission of the European Communities (State aid — Extension of the period for completion of investment projects qualifying for a premium — General aid scheme — Action for annulment — Admissibility — Act of direct and individual concern to the applicant — Interest in bringing proceedings — Additional aid — Investment aid or operating aid — Principle of proportionality)
Date: 2002-02-02
Institutions: Court of First Instance
Subjects: European Commission, German Democratic Republic, action for annulment (EU), investment aid, oil industry, subsidiary

2.2.2002

EN

Official Journal of the European Communities

C 31/7

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

COURT OF FIRST INSTANCE

of 22 November 2001

of 23 October 2001

in Case T-9/98: Mitteldeutsche Erdoel-Raffinerie GmbH v
Commission of the European Communities (1)

(State aid — Extension of the period for completion of
investment projects qualifying for a premium — General aid
scheme — Action for annulment — Admissibility — Act of
direct and individual concern to the applicant — Interest in
bringing proceedings — Additional aid — Investment aid or
operating aid — Principle of proportionality)

in Case T-155/99: Dieckmann & Hansen GmbH v Com-
mission of the European Communities (1)

(Common Agricultural Policy — Decision 1999/244/EC
amending Decision 97/296/EC drawing up the list of third
countries from which the import of fishery products is
authorised for human consumption — Non-contractual
liability of the Community)

(2002/C 31/12)

(Language of the case: German)

(2002/C 31/13)

(Language of the case: German)

In Case T-9/98: Mitteldeutsche Erdoel-Raffinerie GmbH, estab-
lished in Spergau, Germany, represented initially by M. Schütte
and M. Maier, lawyers, and subsequently by Mr Schütte and
J. Lüdicke, lawyer, with an address for service in Luxembourg,
against Commission of the European Communities (Agents:
V. Kreuschitz and P. Nemitz) — application for annulment
of Commission Decision 98/194/EC of 1 October 1997
concerning the extension of the 8 % investment premium for
investment projects in the new Länder pursuant to the Finance
Law 1996 (OJ 1998 L 73, p. 38) — 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.J. Forwood, Judges; D. Christensen, Administrator, for the
Registrar, has given a judgment on 22 November 2001, in
which it:

In Case T-155/99: Dieckmann & Hansen GmbH, established
in Hamburg (Germany), represented by H.J. Rabe, lawyer, with
an address for service in Luxembourg, against Commission of
the European Communities (Agents: M. Niejahr and G. Ber-
scheid) — application for, first, annulment of Commission
Decision 1999/244/EC of 26 March 1999 amending Decision
97/296/EC drawing up the list of third countries from which
the import of
fishery products is authorised for human
consumption (OJ 1999 L 91, p. 37) and, secondly, damages
for loss allegedly suffered by the applicant — the Court of First
Instance (Fifth Chamber), composed of P. Lindh, President,
R. Garcı´a-Valdecasas and J.D. Cooke, Judges; J. Palacio Gonza´-
lez, Administrator, for the Registrar, has given a judgment on
23 October 2001, in which it:

1. Annuls Commission Decision 98/194/EC of 1 October 1997
concerning the extension of the 8% investment premium for
investment projects in the new Länder pursuant to the Finance
Law 1996 in so far as it concerns the situation of the applicant;

1. Dismisses the application;

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

incurred by the applicant.

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

Commission.

(1) OJ C 72 of 7.3.98.

(1) OJ C 281 of 2.10.99.