Judgment of the Court of First Instance of 28 February 2002 in Joined Cases T-227/99 and T-134/00: Kvaerner Warnow Werft GmbH v Commission of the European Communities (State aids — Shipbuilding — Former German Democratic Republic — Limits on capacity — Composition of the Commission — Commission Member given leave of absence — Election of Commission Members to the European Parliament)
Date: 2002-06-29
Institutions: Court of First Instance
Subjects: European Commission, Germany, State aid, action for annulment (EU), aid to industry, shipbuilding

29.6.2002

EN

Official Journal of the European Communities

C 156/17

(Third Chamber, Extended Composition), composed of J. Azizi,
President of the Chamber, K. Lenaerts, V. Tiili, R.M. Moura
Ramos and M. Jaeger, Judges; J. Plingers, Administrator, for the
Registrar, has given a judgment on 6 March 2002 in which it:

1. Declares that there is no need to adjudicate on the application;

2. Declares that there is no longer need to adjudicate on the claim

for a declaration that the Commission failed to act;

3. Orders the Commission to bear its own costs and to pay one

half of the applicant’s costs.

2. Orders the applicant to pay the costs.

(1) OJ C 352 of 4.12.1999.

(1) OJ C 281 of 2.10.1999.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 28 February 2002

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 7 March 2002

in Case T-212/99: Intervet International BV v Commission
of the European Communities (1)

(Regulation (EEC) No 2377/90 — Veterinary medicinal
products — Application for the inclusion of ‘Altrenogest’ in
the list of substances for which a provisional maximum
residue limit may be established — Opinion of the Committee
for Veterinary Medicinal Products (CVMP) — Action for
annulment — Inadmissibility — Action for failure to act —
Adoption of a position putting an end to the inaction — No
need to adjudicate)

(2002/C 156/31)

(Language of the case: English)

In Case T-212/99, Intervet International BV, formerly Hoechst
Roussel Vet GmbH, established in Boxmeer (Netherlands),
represented by D. Waelbroek and D. Brinckman, lawyers, with
an address for service in Luxembourg, v Commission of the
European Communities (Agents: T. Christoforou, H. Stolvlbaek
and F. Ruggeri-Laderchi): Application for the annulment of an
alleged Commission decision rejecting an application by the
applicant for the insertion of the substance ‘altrenogest’ in
Annex III
to Council Regulation (EEC) No 2377/90 of
26 June 1990 laying down a Community procedure for
the establishment of maximum residue limits of veterinary
medicinal products in foodstuffs of animal origin (OJ 1990
L 224, p. 1) and, in the alternative, for a declaration that the
Commission unlawfully failed to prepare a draft of measures
to be taken with a view to such insertion and to initiate the
procedure laid down in Article 8 of that regulation. The Court
of First Instance (Second Chamber), composed of: R.M. Moura
Ramos, President, J. Pirrung and A.W.H. Meij, Judges; H. Jung,
Registrar, has given a judgment on 7 March 2002, in which it:

1. Dismisses the claim for annulment as inadmissible;

in Joined Cases T-227/99 and T-134/00: Kvaerner Warnow
Werft GmbH v Commission of the European Communi-
ties (1)

(State aids — Shipbuilding — Former German Democratic
Republic — Limits on capacity — Composition of the
Commission — Commission Member given leave of absence
— Election of Commission Members to the European Parlia-
ment)

(2002/C 156/32)

(Language of the case: German)

In Joined Cases T-227/99 and T-134/00: Kvaerner Warnow
Werft GmbH, established in Rostock-Warnemünde (Germany),
represented by M. Schütte, lawyer, with an address for service
in Luxembourg, v Commission of the European Communities
(Agent: K.-D. Borchardt) — application for annulment of
Commission Decision 1999/675/EC of 8 July 1999, as
amended, and of Commission Decision 2000/336/EC of
15 February 2000 on State aid granted by the Federal Republic
of Germany to Kvaerner Warnow Werft GmbH (OJ 1999
L 274, p. 23 and OJ 2000 L 120, p. 12, respectively) — the
Court of First Instance (Fourth Chamber, Extended Compo-
sition), composed of: P. Mengozzi, President, R. Garcı´a-
Valdecasas, V. Tiili, R.M. Moura Ramos and J.D. Cooke, Judges;
D. Christensen, Administrator, for the Registrar, has given a
judgment on 28 February 2002, in which it:

1. Annuls Commission Decision 1999/675/EC of 8 July 1999
on the State aid implemented by Germany in favour of Kvaerner
Warnow Werft GmbH, as amended by Commission Decision
2000/416/EC of 29 March 2000 on State aid implemented
by Germany in favour of Kvaerner Warnow Werft GmbH
(1999) and Commission Decision 2000/336/EC of 15 Febru-
ary 2000 on State aid implemented by Germany in favour of
Kvaerner Warnow Werft GmbH;

C 156/18

EN

Official Journal of the European Communities

29.6.2002

2. Orders the Commission to pay the costs.

JUDGMENT OF THE COURT OF FIRST INSTANCE

(1) OJ C 6 of 8.1.2000 and C 211 of 22.7.2000.

of 26 February 2002

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 6 March 2002

in Joined Cases T-92/00 and T-103/00, Territorio Histo´ rico
de A´ lava — Diputacio´ n Foral de A´ lava and Others v
Commission of the European Communities (1)

(State aid — Concept of State aid — Tax measures —
Selective nature — Justification owing to the nature or
scheme of the tax system — Misuse of powers)

(2002/C 156/33)

(Language of the case: Spanish)

In Joined Cases T-92/00, Territorio Histo´ rico de A´ lava —
Diputacio´ n Foral de A´ lava, represented by A. Creus Carreras
and B. Uriarte Valiente,
lawyers, and T-103/00 Ramondı´n
SA, established in Logron˜ o (Spain), Ramondı´n Ca´psulas SA,
established in Laguardia (Spain), represented by J. Lazcano-
Iturburu, lawyer, against Commission of the European Com-
munities (Agents: F. Santaolalla, G. Rozet and G. Valero
Jordana) — application for the annulment of Commission
Decision 2000/795/EC of 22 December 1999 on the State aid
implemented by Spain for Ramondı´n SA and Ramondı´n
Ca´psulas SA (OJ 2000 L 318, p. 36) — the Court of First
Instance (Third Chamber, Extended Composition), composed
of J. Azizi, President of the Chamber, K. Lenaerts, V. Tiili,
R.M. Moura Ramos and M. Jaeger, Judges; J. Plingers, Adminis-
trator, for the Registrar, has given a judgment on 6 March
2002, in which it:

1. Dismisses the actions.

2. Orders the applicants to pay their own costs and also those

incurred by the Commission.

in Case T-169/00, Esedra SPRL v Commission of the
European Communities (1)

(Public contract for the supply of services — Day nursery
management services — Principle of non-discrimination —
Contract notice — Contract documents — Reasons for
decision not to award contract — Misuse of powers)

(2002/C 156/34)

(Language of the case: French)

In Case T-169/00: Esedra SPRL, established in Brussels
(Belgium), represented by G. Vandersanden, E. Gillet and
L. Levi, lawyers, with an address for service in Luxembourg,
against Commission of the European Communities (Agents:
initially by X. Lewis and L. Parpala, and, subsequently, H. van
Lier and L. Parpala) — application first, for the suspension of
operation of the Commission’s decision not to award to the
applicant the public contract relating to invitation to tender
No 99/52/IX.D.1, notified to the applicant by letter of 31 May
2000, and the Commission’s decision to award the contract to
a group of Italian companies represented by Centro Studi
Antonio Manieri Srl, notified to the applicant by letter of
9 June 2000, and, second, for compensation for the damage
allegedly caused by those decisions — the Court of First
Instance (Fifth Chamber), composed of P. Lindh, President of
the Chamber, R. Garcı´a-Valdecasas and J.D. Cooke, Judges;
B. Pastor, Administrator, for the Registrar, has given a judg-
ment on 26 February 2002, in which it:

1. Dismisses the application.

2. Orders the applicant to pay its own costs and those of the
Commission, including the costs incurred in the proceedings for
interim measures.

(1) OJ C 163 of 10.6.2000.

(1) OJ C 259 of 9.9.2000.