Judgment of the Court of First Instance 30 April 2002 In Joined Cases T-195/01 and T-207/01: Government of Gibraltar v Commission of the European Communities (State aid — Tax legislation — Existing aid or new aid — Initiation of the formal investigation procedure provided for in Article 88(2) EC)
Date: 2002-07-13
Institutions: Court of First Instance
Subjects: European Commission, Gibraltar, State aid, action for annulment (EU), control of State aid, tax system

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;

13.7.2002

EN

Official Journal of the European Communities

C 169/31

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

ORDER OF THE COURT OF FIRST INSTANCE

(1) OJ C 303 of 27.10.2001.

ORDER OF THE COURT OF FIRST INSTANCE

of 9 April 2002

in Case T-210/93: H. Hepp v Council of the European
Union and Commission of the European Communities (1)

(Action for damages — Non-contractual liability — Milk
— Producers subscribed to non-marketing or reconversion
undertakings — No need to adjudicate)

(2002/C 169/54)

(Language of the case: German)

In Case T-210/93: H. Hepp, residing in Villmar-Weyer (Germ-
any), represented by H. Heep, lawyer, against Council of the
European Union (Agents: A. Brautigam and A.-M. Colaert) and
Commission of the European Communities (Agents: D. Booß,
M. Niejahr, H.-J. Rabe and Nu´ n˜ ez-Müller) — application for
compensation pursuant
to Articles 178 and the second
paragraph of Article 215 of the EC Treaty (now, Article 235
EC and the second paragraph of Article 288 EC) for the loss
suffered by the applicant as a result of having been prevented
from marketing milk pursuant to 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 93, p. 13), supplemented by Commission Regu-
lation (EEC) No 1371/84 of 16 May 1984 (OJ 1984 L 132,
Instance (Second Chamber,
p. 11) — the Court of First
Extended Composition), composed of R.M. Moura Ramos,
President V. Tiili, J. Pirrung, P. Mengozzi and A.W.H. Meij,
Judges; H. Jung, Registrar, made an order on 22 March 2002,
the operative part of which is as follows:

of 16 April 2002

in Case T-64/00: Continental and Overseas Investments
N.V. v Commission of the European Communities (1)

(Action for annulment — Importation of television sets from
Turkey — No need to adjudicate)

(2002/C 169/55)

(Language of the case: Dutch)

In Case T-64/00: Continental and Overseas Investments N.V.
(formerly Jubertrade N.V.), established in Antwerp (Belgium),
represented by Y. van Gerven and I. Bernaerts, lawyers, with
an address for service in Luxembourg, against Commission of
the European Communities (Agents: R. Tricot and J. Stuyck)
— application for the annulment of Commission Decision
C(1999)4419 final (REC 4/99) of 14 December 1999 finding
that it was appropriate, first, to make post clearance recovery
and, secondly, to refuse to refund duties in respect of the
importation of television sets from Turkey — the Court of
First
Jaeger,
Instance (Third Chamber), composed of M.
President, K. Lenaerts and J. Azizi, Judges; H. Jung, Registrar,
made an order on 16 April 2002, the operative part of which
is as follows:

1.

2.

There is no need to adjudicate on the present case.

The Commission shall pay all the costs.

(1) OJ 149 C 27.5.00.

ORDER OF THE COURT OF FIRST INSTANCE

of 16 April 2002

in Case T-204/00: CCBB Vervoer- en Distributiecentrum
B.V. v Commission of the European Communities (1)

(Action for annulment — Imports of television sets from
Turkey — Case not proceeding to judgment)

1.

2.

There is no need to adjudicate on the present case.

(2002/C 169/56)

The parties shall bear their own costs.

(Language of the case: Dutch)

(1) OJ 270 C 19.10.92.

In Case T-204/00: CCBB Vervoer- en Distributiecentrum B.V.,
represented by R.G. Baron Snouckaert van Schauburg, lawyer,
with an address for service in Luxembourg, v Commission of
the European Communities (Agent: R. Tricot) — application