Order of the President of the Court of first instance 19 December 2001 in Joined Cases T-195/01 R and T-207/01 R, Government of Gibraltar v Commission of the European Communities (Proceedings for interim relief — State aid — Decision to initiate a formal investigation procedure — Admissibility — Prima facie case — Urgency — None — Balancing of interests)
Date: 2002-05-18
Institutions: Court of First Instance
Subjects: European Commission, Gibraltar, State aid, control of State aid, national law, organisation

C 118/24

EN

Official Journal of the European Communities

18.5.2002

Article 215 of the EC Treaty (now Article 235 EC and the
second paragraph of Article 288 EC) for damage suffered by
the applicant as a result of his having been prevented from
marketing milk by virtue of Council Regulation (EEC)
No 857/84 of 31 March 1984 adopting general rules for the
application of the levy referred to in Article 5c of Regulation
(EEC) No 804/68 in the milk and milk products sector, (OJ
1984 L 90, p. 13), as supplemented by Commission Regulation
(EEC) No 1371/84 of 16 May 1984 laying down detailed rules
for the application of
levy referred to in
Article 5c of Regulation (EEC) No 804/68 (OJ 1984 L 132,
p. 11), Court of First Instance (Fourth Chamber), composed of:
P. Mengozzi, President, V. Tilli and R. M. Moura Ramos,
Judges; D. Christensen, Administrator, for the Registrar, has
given a judgment on 7 February 2002, in which it:

the additional

1. Dismisses the application;

2. Orders the applicant to pay the costs.

(1) OJ C 304 of 29.10.1994.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 7 February 2002

in Case T-193/00: Bernard Felix v Commission of the
European Communities (1)

(Officials — Open competition — Oral test — Non-
inclusion in the reserve list — Consistency of the composition
of the selection board — Knowledge of languages)

1. Annuls the decision of the selection board in competition COM/
A/12/98 in so far as it concerns the mark awarded to the
applicant for the oral test;

2. Orders the Commission to pay the costs.

(1) OJ C 273 of 23.9.2000.

ORDER OF THE PRESIDENT OF THE COURT OF FIRST
INSTANCE

19 December 2001

in Joined Cases T-195/01 R and T-207/01 R, Government
of Gibraltar v Commission of the European Communities

(Proceedings for interim relief — State aid — Decision to
initiate a formal investigation procedure — Admissibility —
Prima facie case — Urgency — None — Balancing of
interests)

(2002/C 118/39)

(2002/C 118/38)

(Language of the Case: English)

(Language of the case: French)

In Case T-193/00: Bernard Felix, an official of the Commission
of the European Communities, residing at Arlon (Belgium),
represented by J.-N. Louis and V. Peere,
lawyers, with an
address for service in Luxembourg, v Commission of the
European Communities (Agent: J. Currall) — application for
annulment of the decision of the selection board in compe-
tition COM/A/12/98 awarding the applicant a lower mark
than the minimum required for the oral test and excluding
him from the reserve list — the Court of First Instance (Fifth
Chamber), composed of: J.D. Cooke, President, and R. Gracı´a-
Valdecasas and P. Lindh, Judges; J. Plingers, Administrator, for
the Registrar, has given a judgment on 7 February 2002, in
which it:

In Joined Cases T-195/01 R and T-207/01 R, Government of
Gibraltar, represented by A. Sutton, M. Llamas, Barristers, and
W. Schuster, lawyer, with an address for service in Luxem-
bourg, against Commission of the European Communities,
(Agents: V. Di Bucci and R. Lyal): Application for interim
measures in respect of the decisions of the Commission of
11 July 2001, notified to the Government of the United
Kingdom by letters SG(2001) D/289755 and SG(2001) D/
289757,
the procedure provided for by
Article 88(2) EC in respect of alleged State aid granted under
Gibraltarian legislation to exempt and qualifying companies
respectively, the President of the Court of First Instance made
the following order on 19 December 2001, the operative part
of which is as follows:

to initiate

18.5.2002

EN

Official Journal of the European Communities

C 118/25

1.

2.

The applications for interim measures are dismissed.

The costs are reserved.

— the aid in question must be regarded as having been in
existence ever since 1928. In adopting the contested
decision, the Commission omitted the entire procedure
provided for by the first paragraph of Article 88;

— infringement of

the Community rules

concerning
improvements in the efficiency of agricultural structure
the ‘Community guidelines on State aid for
and of
rescuing and restructuring firms in difficulty’.

Action brought on 25 January 2002 by Giuseppe Atzeni
and Others against the Commission of the European
Communities

The applicants also plead failure to comply with the obligation
to provide a statement of reasons.

(Case T-21/02)

(2002/C 118/40)

(Language of the case: Italian)

(1) OJ C 56 of 2.3.2002, p. 20.

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 25 January 2002 by the applicants
specified above, represented by Giovanni Dore and Fabio
Ciulli, lawyers.

The applicants claim that the Court should:

— pursuant to Article 230 of the Treaty, declare unlawful,
and consequently annul
in its entirety, Commission
Decision 612/97, alternatively annul the same in so far
as it provides for the recovery of the aid granted to the
applicants by the Italian State, and order the Commission
to pay the costs.

Pleas in law and main arguments

Action brought on 7 February 2002 by Michel Sautelet
against the Commission of the European Communities

(Case T-25/02)

(2002/C 118/41)

(Language of the case: French)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 7 February 2002 by Michel
Sautelet, residing at Kirchberg (Grand Duchy of Luxembourg),
represented by Gilles Bounéou, lawyer, with an address for
service in Luxembourg.

This action is directed against the same decision as that
contested in Case T-4/02 Arca Delio eredi and Others v
Commission (1)

The applicant claims that the Court should:

In support of their claims, the applicants plead:

— lack of competence on the part of

the defendant,
inasmuch as the competition rules are not in principle
applicable in the agriculture sector. As regards the
provisions of Regulation No 26/62, the applicants main-
tain that, in the present case, no aid was granted, either
for production or for trade in the agricultural sector;
instead, what was intended was merely the re-establish-
ment of the necessary liquidity for agricultural undertak-
ings facing objective difficulties, as expressly identified by
the Region of Sardinia. Moreover, that regulation provides
that the rules concerning aid are applicable only in
relation to the matters covered by Article 88(1) and the
first sentence of Article 88(3);

— annul the express decision No 39090 of 6 November
2001 fixing the compensation for the non-material
damage suffered by the applicant
in the sum of
1 500euros;

— award the applicant the sum of 12 394,68 euros (rep-
resenting the sum of LUF 500 000) by way of compen-
sation for the non-material damage suffered as a result of
the lateness in drawing up his staff report for the period
from 1 July 1997 to 30 June 1999;

— annul the express decision No 44024 of 15 November
2001 declaring inadmissible complaint No 497/01 of
31 October 2001, registered by the General Secretariat of
the Commission on 5 November 2001;