Judgment of the Court of First Instance of 14 May 2002 in Case T-126/99: Graphischer Maschinenbau GmbH, KBA-Berlin GmbH v Commission of the European Communities (State aids — Restructuring aid — Action for annulment — Manifest errors of assessment)
Date: 2002-07-27
Institutions: Court of First Instance
Subjects: European Commission, Germany, State aid, action for annulment (EU), aid for restructuring, aid to undertakings

27.7.2002

EN

Official Journal of the European Communities

C 180/21

COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 14 May 2002

of 14 May 2002

in Case T-126/99: Graphischer Maschinenbau GmbH,
KBA-Berlin GmbH v Commission of the European Com-
munities (1)

(State aids — Restructuring aid — Action for annulment —
Manifest errors of assessment)

in Case T-80/00: Associaça˜o Comercial de Aveiro v
Commission of the European Communities (1)

(Social policy — European Social Fund — Application for
annulment — Reduction of financial assistance — State-
ment of reasons — Principle of proportionality — Assess-
ment of facts)

(2002/C 180/34)

(2002/C 180/35)

(Language of the case: German)

(Language of the case: Portuguese)

In Case T-126/99, Graphischer Maschinenbau GmbH, estab-
lished in Berlin (Germany), represented by A. Bach, avocat,
with an address for service in Luxembourg, v Commission of
the European Communities (Agents: D. Triantafyllou and
P. Nemitz): Application for the partial annulment of Com-
mission Decision 1999/690/EC of 3 February 1999 on State
aid which Germany is planning to introduce for Graphischer
Maschinenbau GmbH, Berlin (OJ 1999 L 272, p. 16), the
Court of First Instance (First Chamber, Extended Composition),
composed of: B. Vesterdorf, President, P. Mengozzi, J. Pirrung,
M. Vilaras and N.J. Forwood, Judges; D. Christensen, Adminis-
trator, for the Registrar, has given a judgment on 14 May
2002, in which it:

1. Annuls Commission decision 1999/690/EC of 3 February
1999 on State aid which Germany is planning to introduce for
Graphischer Maschinenbau GmbH, Berlin to the extent to
which it declares the part of the planned aid exceeding the
amount of DEM 4 435 million incompatible with the common
market and prohibits it;

2. Dismisses the remainder of the application;

3. Orders the Commission to pay the costs.

In Case T-80/00, Associaça˜o Comercial de Aveiro, established
in Aveiro (Portugal), represented by J. Amaral e Almeida and
B. Diniz de Ayala, lawyers, with an address for service in
Luxembourg, v Commission of the European Communities
(Agents: H. Speyart and M. França): Application for annulment
of Commission Decision C(99) 3684 of 30 November 1999
reducing the European Social Fund assistance granted in the
framework of project No 890365/P 1 to Associaça˜o Comercial
de Aveiro,
Instance (Fifth Chamber),
composed of: J.D. Cooke, President, R. Garcı´a-Valdecasas and
P. Lindh, Judges; J. Plingers, Administrator, for the Registrar,
has given a judgment on 14 May 2002, in which it:

the Court of First

1. Annuls Commission Decision C(96) 3684 of 30 November
1999 reducing the European Social Fund assistance granted to
the Associaça˜o Comercial de Aveiro in the context of project
No 890365/P 1 in so far as it reduces the amount of the
services invoiced by SI, — Sistemas de Informaça˜o Ld.a under
subheading 14.3.9, hire and rental charges;

2. Dismisses the remainder of the application;

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

third of those incurred by the applicant;

4. Orders the applicant to bear two thirds of its own costs.

(1) OJ C 226 of 7.8.1999.

(1) OJ C 176 of 24.6.2000.