Judgment of the Court of First Instance of 10 April 2002 in Case T-209/00, Frank Lamberts v European Ombudsman (Action for damages — Admissibility — Non-contractual liability — European Ombudsman — Conduct of Ombudsman in dealing with a complaint)
Date: 2002-07-13
Institutions: Court of First Instance
Subjects: European Ombudsman, administrative competition, administrative responsibility, civil liability proceedings, damage

13.7.2002

EN

Official Journal of the European Communities

C 169/29

COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

28 February 2002

in Case T-86/95: Compagnie générale maritime v Com-
mission of the European Communities (1)

(Competition — Liner conferences — Intermodal transport
— Regulation (EEC) No 4056/86 — Scope — Block
exemption — Regulation No 1017/68 — Individual exemp-
tion — Fine)

(2002/C 169/50)

(Language of the case: English)

1. Annuls Article 5 of Commission Decision 94/985/EC of
21 December 1994 relating to a proceeding pursuant to
Article 85 of the EC Treaty (IV/33.218 — Far Eastern Freight
Conference) in so far as it imposes a fine on the applicants;

2. Dismisses the remainder of the action;

3. Orders the applicants to bear their own costs and to pay four
fifths of those incurred by the Commission and four fifths of
those incurred by the ECTU, including those relating to the
application for interim measures;

4. Orders the Commission to bear one fifth of its own costs,
including those relating to the application for interim measures;

5. Orders the ECSA and the JSA to bear their own costs and the
costs of the Commission relating to their interventions;

6. Orders the ECTU to bear one fifth of its own costs, including

those relating to the application for interim measures.

(1) OJ C 137 of 3.6.95.

In Case T-86/95, Compagnie Générale Maritime, established
in Suresnes (France), Hapag-Lloyd Aktiengesellschaft, estab-
lished in Hamburg (Germany), Kawasaki Kisen Kaisha Limited,
established in Tokyo (Japan), Lloyd Triestino di Navigazione
SpA, established in Trieste (Italy), AP Møller-Mærsk Line,
established in Copenhagen (Denmark), Malaysian International
Shipping Corporation Berhad, established in Kuala Lumpur
(Malaysia), Mitsui OSK Lines Ltd, established in Tokyo,
Nedlloyd Lijnen BV, established in Rotterdam (the Nether-
lands), Neptune Orient Lines Ltd, established in Singapore
(Singapore), Nippon Yusen Kabushiki Kaisha, established in
Tokyo, Orient Overseas Container Line, established in Hong
Kong (China), P & O Containers Ltd, established in London
(United Kingdom), Wilh. Wilhemsen Ltd A/S, established in
Oslo (Norway), represented by P. Ruttley, Solicitor, J. Pheasant
and A. Mariott,
lawyers, with an address for service in
Luxembourg, supported by The European Community Ship-
owners’ Associations, having their registered office in Brussels
lawyer, with an
(Belgium), represented by D. Waelbroeck,
address for service in Luxembourg, and The Japanese Ship-
owners’ Association, having its registered office in Tokyo,
represented by F. Randolph, Barrister, and F. Murphy, Solicitor,
with an address for service in Luxembourg, v Commission of
the European Communities (Agents: B. Langeheine and
R. Lyal), supported by The European Council of Transport
Users ASBL, established in Brussels, including The European
Shippers Council, represented by M. Cough, barrister, with an
address for service in Luxembourg: Application for annulment
of Commission Decision 94/985/EC of 21 December 1994
relating to a proceeding under Article 85 of the EC Treaty (IV/
33.218 — Far Eastern Freight Conference) (OJ 1994 L 378,
p. 17), the Court of First Instance (Third Chamber), composed
Judges;
of: K. Lenaerts, President,
Y. Mottard, Legal Secretary, for the Registrar, has given a
judgment on 28 February 2002, in which it:

J. Azizi and M.

Jaeger,

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 10 April 2002

in Case T-209/00, Frank Lamberts v European Ombuds-
man (1)

(Action for damages — Admissibility — Non-contractual
liability — European Ombudsman — Conduct of Ombuds-
man in dealing with a complaint)

(2002/C 169/51)

(Language of the case: French)

In Case T-209/00, Frank Lamberts, residing at Linkebeek
(Belgium), represented by E. Boigelot, lawyer, with an address
for service in Luxembourg, against European Ombudsman
(Agent: J. Sant’Anna) — application for compensation for
material and non-material damage allegedly suffered by the
applicant as a result of the conduct of the European Ombuds-
man in dealing with his complaint — the Court of First
Instance (Third Chamber), composed of M. Jaeger, President,
K. Lenaerts and J. Azizi, Judges; J. Plingers, Administrator, for
the Registrar, has given a judgment on 10 April 2002, in
which it:

C 169/30

EN

Official Journal of the European Communities

13.7.2002

1. Dismisses the application;

JUDGMENT OF THE COURT OF FIRST INSTANCE

2. Orders each party to bear its own costs.

30 April 2002

(1) OJ C 316 of 4.11.00.

In Joined Cases T-195/01 and T-207/01: Government of
Gibraltar v Commission of the European Communities (1)

(State aid — Tax legislation — Existing aid or new aid —
Initiation of the formal investigation procedure provided for
in Article 88(2) EC)

JUDGMENT OF THE COURT OF FIRST INSTANCE

(2002/C 169/53)

3 May 2002

(Language of the case: English)

in Case T-177/01: Jégo-Quéré et Cie SA v Commission of
the European Communities (1)

(Fisheries — Regulation (EC) No 1162/2001 — Recovery of
the stock of hake — Fishing company — Action for
annulment — Person individually concerned — Admissi-
bility)

(2002/C 169/52)

(Language of the case: French)

In Case T-177/01, Jégo-Quéré et Cie SA, established at Lorient
(France), represented by A. Creus Carreras, B. Uriarte Valiente
and A. Agustinoy Guilayn,
lawyers, v Commission of the
European Communities (Agents: T. van Rijn and A. Bordes):
Application for annulment of Articles 3(d) and 5 of Com-
mission Regulation (EC) No 1162/2001 of 14 June 2001
establishing measures for the recovery of the stock of hake in
ICES sub-areas III, IV, V, VI and VII and ICES divisions VIII a,
b, d, e and associated conditions for the control of activities of
fishing vessels (OJ 2001 L 159, p. 4), the Court of First
Instance (First Chamber, Extended Composition), composed
of: B. Vesterdorf, President, K. Lenaerts, J. Azizi, N.J. Forwood
and H. Legal, Judges; D. Christensen, Administrator, for the
Registrar, has given a judgment on 3 May 2002, in which it:

1. Dismisses the objection of inadmissibility;

2. Orders that the proceedings be continued in relation to the

substance;

3.

Reserves the costs.

(1) OJ C 289 of 13.10.2001.

In Joined Cases T-195/01 and T-207/01, Government of
Gibraltar, represented by A. Sutton and M. Llamas, Barristers,
and W. Schuster,
lawyer, with an address for service in
Luxembourg, v Commission of the European Communities
(Agent: V. Di Bucci and R. Lyal), supported by Kingdom of
Spain (Agent: R. Silva de Lapuerta): Application for annulment
of decisions SG(2001) D/289755 and SG(2001) D/289757 of
the Commission of 11 July 2001 initiating the procedure
provided for by Article 88(2) EC in respect of the Gibraltarian
legislation on exempt companies and qualifying companies,
the Court of First Instance (Second Chamber, Extended Com-
position), composed of: R.M. Moura Ramos, President, V. Tiili,
J. Pirrung, P. Mengozzi and A.W.H. Meij, Judges; J. Plingers,
Administrator, for the Registrar, has given a judgment on
30 April 2002, in which it:

1.

In Case T-195/01:

(a) Annuls decision SG (2001) D/289755 of the Com-
mission of 11 July 2001 initiating the procedure laid
down in Article 88(2) EC in respect of the Gibraltar
exempt companies legislation;

(b) Orders the Commission to pay the costs incurred by the
Government of Gibraltar and to bear its own costs, with
the exception of the costs of the interlocutory proceedings
in Case T-195/01 R, which shall be paid in their entirety
by the Government of Gibraltar;

(c) Orders the Kingdom of Spain to bear its own costs;

2.

In Case T-207/01:

(a) Dismisses the application;

(b) Orders the Government of Gibraltar to pay the costs
incurred by the Commission and to bear its own costs,
including those incurred in the interlocutory proceedings
in Case T-207/01 R;