Judgment of the Court (Sixth Chamber) 24 January 2002 in Case C-500/99 P: Conserve Italia Soc. Coop. arl v Commission of the European Communities (Appeal — Agriculture — EAGGF — Discontinuance of financial aid — Regulation (EEC) No 355/77 — Regulation (EEC) No 4253/88 — Principle of proportionality)
Date: 2002-04-06
Institutions: Court of Justice
Subjects: General Court (EU), action for annulment (EU), agro-industry, aid to industry, fruit product, marketing

C 84/16

EN

Official Journal of the European Communities

6.4.2002

the order of the Court of First Instance of the European
Communities (Second Chamber) of 29 September 1999 in
Joined Cases T-148/98 and T-162/98 Evans and Others v
Commission [1999] ECR II-2837, seeking to have that order
set aside, the other parties to the proceedings being: Com-
mission of the European Communities (agents: M. Erhart
and B. Doherty) and South Wales Small Mines Association,
established in Fochriw, Near Bargoed (United Kingdom),
(agents: T. Sharpe, QC, and M. Brealey, barrister, instructed by
S. Llewellyn Jones, solicitor)
(Sixth Chamber),
composed of: F. Macken, President of the Chamber, C. Gul-
mann,
(Rapporteur), R. Schintgen and
J.N. Cunha Rodrigues, Judges, Advocate General: D. Ruiz-
Jarabo Colomer, Registrar: R. Grass, has given a judgment on
10 January 2002, in which it:

J.-P. Puissochet

the Court

1.

Sets aside the order of the Court of First Instance of 29 Septem-
ber 1999 in Joined Cases T-148/98 and T-162/98 Evans
and Others v Commission in so far as:

— it dismissed the action in Case T-148/98 as inadmissible;

— it joined Cases T-148/98 and T-168/98;

— it stated that it was unnecessary to rule on the application
for legal aid made in Case T-148/98 or on the application
for leave to intervene made by PowerGen UK plc, National
Power plc and British Coal Corporation in the same case;

— it ordered the applicants in Case T-148/98 to bear their
own costs and, jointly and severally, to pay those incurred
by the Commission of the European Communities in Case
T-162/98;

— it ordered the applicant in Case T-162/98, jointly and
severally with the applicants in Case T-148/98, to pay
the costs incurred by the Commission of the European
Communities in Case T-148/98;

Refers Case T-148/98 back to the Court of First Instance to
enable it to give judgment on the substance of the case;

Reserves the costs in Case T-148/98.

2.

3.

JUDGMENT OF THE COURT

(Sixth Chamber)

24 January 2002

in Case C-500/99 P: Conserve Italia Soc. Coop. arl v
Commission of the European Communities (1)

(Appeal — Agriculture — EAGGF — Discontinuance of
financial aid — Regulation (EEC) No 355/77 — Regulation
(EEC) No 4253/88 — Principle of proportionality)

(2002/C 84/25)

(Language of the case: Italian)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-500/99 P: Conserve Italia Soc. Coop. arl, formerly
Massalombarda Colombani SpA, established in San Lazzaro di
Savena (Italy), (agents: M. Averani, A. Pisaneschi, P. de Caterini
and S. Zunarelli): Appeal against the judgment of the Court of
First Instance of the European Communities (Third Chamber)
of 12 October 1999 in Case T-216/96 Conserve Italia v
Commission [1999] ECR II-3139, seeking to have that judg-
ment set aside the other party to the proceedings being:
Commission of the European Communities (agent: F. Ruggeri
Laderchi, assisted by M. Moretto), the Court (Sixth Chamber),
composed of: F. Macken (Rapporteur), President of
the
Chamber, C. Gulmann, R. Schintgen, V. Skouris and J.N. Cunha
Rodrigues,
Judges, Advocate General: S. Alber, Registrar:
L. Hewlett, Administrator, has given a judgment on 24 January
2002, in which it:

1. Dismisses the appeal;

2. Orders Conserve Italia Soc. Coop. arl to pay the costs.

(1) OJ C 63 of 4.3.2000.

(1) OJ C 79 of 18.3.2000.