Order of the President of the Court of First Instance of 4 April 2002 in Case T-198/01 R: Technische Glaswerke Ilmenau GmbH v Commission of the European Communities (Proceedings for interim measures — Admissibility — State aid — Obligation to recover aid — Prima facie case — Urgency — Weighing up of interests)
Date: 2002-07-13
Institutions: Court of First Instance
Subjects: European Commission, Germany, State aid, action for annulment (EU), control of State aid, glass industry

C 169/32

EN

Official Journal of the European Communities

13.7.2002

for annulment of the Commission’s decision C(98) 241 final
(REM 13/97) of 4 February 1998 finding that remission of
duties should be refused as regards imports of television sets
from Turkey — the Court of First Instance (Third Chamber),
composed of: M. Jaeger, President, and K. Lenaerts and J. Azizi,
Judges; H. Jung, Registrar, made an order on 16 April 2002,
the operative part of which is as follows:

Commission require importers of ferro-silicon originating in
those four countries to provide security corresponding to the
expired anti-dumping duties and to subject their imports to
registration, or, in the further alternative, for an order that the
Commission require the said importers to subject their imports
to registration — the President of the Court of First Instance
has made an order on 27 February 2002, the operative part of
which is as follows:

1.

2.

3.

There is no need to give a decision on the present action;

There is no need to give a decision on the application by the
Kingdom of Spain for leave to intervene;

1.

2.

The application for interim relief is dismissed.

The costs are reserved.

The Commission is to pay the costs.

(1) OJ C 302 of 21.10.2000.

ORDER OF THE PRESIDENT OF THE COURT OF FIRST
INSTANCE

ORDER OF THE PRESIDENT OF THE COURT OF FIRST
INSTANCE

of 4 April 2002

of 27 February 2002

in Case T-198/01 R: Technische Glaswerke Ilmenau GmbH
v Commission of the European Communities

in Case T-132/01 R: Euroalliages and Others v Com-
mission of the European Communities

(Application for interim measures — Appeal — Referral
back to the Court of First Instance — Dumping — Decision
terminating expiry review — Urgency — Lack of urgency)

(2002/C 169/57)

(Language of the case: French)

(Proceedings for interim measures — Admissibility — State
aid — Obligation to recover aid — Prima facie case —
Urgency — Weighing up of interests)

(2002/C 169/58)

(Language of the case: German)

established

électrométallurgie,

(Agents: V. Kreuschitz,

In Case T-132/01 R: Euroalliages, established in Brussels,
Péchiney
in Courbevoie
(France), Vargön Alloys AB, established in Vargön (Sweden),
Ferroatla´ntica, established in Madrid, represented by D. Voille-
mot and O. Prost, lawyers, supported by the Kingdom of Spain
(Agent: L. Fraguas Gadea) against Commission of the European
Communities
and
A.P. Bentley), supported by TNC Kazchrome, established in
Almaty (Kazakhstan) and Alloy 2000 SA, established in
Luxembourg, represented by J.E. Flynn, Barrister, and J. Magnin
and S. Mills, Solicitors, — application for suspension of the
operation of Commission Decision of 21 February 2001 (OJ
2001 L 84, p. 36) in so far as it terminates the anti-dumping
proceeding concerning imports of ferro-silicon originating in
the People’s Republic of China, Kazakhstan, Russia and Ukraine
and for an order that the Commission re-impose expired anti-
dumping duties, and in the alternative, for an order that the

S. Meany

In Case T-198/01 R: Technische Glaswerke Ilmenau GmbH,
established in Ilmenau (Germany), represented by G. Schohe,
avocat, with an address for service in Luxembourg, against
Commission of the European Communities (Agents: V. Kreu-
schitz and V. Di Bucci) — application for suspension of the
operation of Article 2 of Commission Decision 2002/185/EC
of 12 June 2001 on State aid implemented by Germany for
Technische Glaswerke Ilmenau GmbH (OJ 2002 L 62, p. 30),
and in the alternative, an application for interim measures —
the President of the Court of First Instance, has made an order
on 4 April 2002, the operative part of which is as follows:

1.

The operation of Article 2 of Commission Decision 2002/
185/EEC of 12 June 2001 on State aid implemented by
Germany for Technische Glaswerke Ilmenau GmbH is sus-
pended until 17 February 2003.

13.7.2002

EN

Official Journal of the European Communities

C 169/33

2.

That suspension is subject to the following conditions: first, the
applicant shall
lodge at the Registry of the Court of First
Instance and at the Commission, by 5 August 2002, an
interim report on its financial situation to 1 July 2002; second,
the applicant shall repay to the BvS a first instalment of the
contested aid in the sum of 256 000 euros by 31 December
2002 and shall lodge at the Registry of the Court of First
Instance and at the Commission, within one week of making
the payment, written proof of the said part repayment of the
contested aid; third, the applicant shall lodge at the Registry of
the Court of First
the Commission, by
Instance and at
31 January 2003, a report on its financial situation to
31 December 2002.

The applicant claims that the conduct of the Parliament is not
covered by the legislation promulgated and that it has been
prompted by considerations which are not germane to the
matter. The Parliament found in 1998 that the applicant had a
residence in Germany, and the applicant sent, together with
the annual declaration, a confirmation of registration issued
by the local authority for his place of residence. He claims to
have proved to the administration that he has only one
German residence and a corresponding centre of vital interests,
and that there is thus no valid reason entitling the adminis-
tration to demand further proof. The administrative practice
of the Parliament is neither lawful nor reasonable; moreover,
it does not accord with the duties of mutual cooperation.

3.

Costs are reserved.

Action brought on 18 March 2002 by Wolf-Dieter Graf
Yorck von Wartenburg against the European Parliament
and the Commission of the European Communities

(Case T-82/02)

(2002/C 169/59)

(Language of the case: German)

Action brought on 5 April 2002 by BetzDearborn, Inc.
against the Office for Harmonisation in the Internal
Market

(Case T-107/02)

(2002/C 169/60)

(Language of the case: English)

An action against the European Parliament and the Com-
mission of the European Communities was brought before the
Court of First Instance of the European Communities on
18 March 2002 by Wolf-Dieter Graf Yorck von Wartenburg,
of Wittibreut (Germany), represented by H.-H. Heyland, lawyer,
with an address for service in Luxembourg.

An action against the Office for Harmonisation in the Internal
Market was brought before the Court of First Instance of the
European Communities on 5 April 2002 by BetzDearborn,
Inc., represented by Mr Geert Glas of Allen & Overy, Brussels
(Belgium).

A further party to the proceedings before the Board of appeal
was Atofina Chemicals, Inc.

The applicant claims that the Court should:

The applicant claims that the Court should:

— by way of modification to the European Parliament’s
decision of 28 May 2001, order the appointing authority
to apply to the applicant’s emoluments as a former
servant of the Communities, with effect from December
2000, the weighting for the Federal Republic of Germany,
to pay over the amounts not paid since then and to make
corresponding payments in future for as long as the
applicant maintains his residence in Germany.

— annul the Decision of the First Board of Appeal of 17
January 2002 in case R 1003/2000-1 to the extent that
it annuls the Decision nr 2004/2000 of the Opposition
Division of 7 September 2000; remit the case to the
Opposition Division for further prosecution; order each
party to bear their own costs incurred in connection with
the appeal;

— order the Office to pay all costs.

Pleas in law and main arguments

The applicant, a former member of the temporary staff of the
European Parliament who has been retired since 1998,
is
contesting the Parliament’s decision not to apply any weighting
to the applicant’s retirement pension since 1 December 2001
in the absence of proof that he actually resides in Germany.

Pleas in law and main arguments

Applicant for the Com-
munity trade mark:

BetzDearborn, Inc.

The Community trade
mark concerned:

The word mark ‘BIOMATE’ for
certain goods in class 1