Judgment of the Court of First Instance of 11 July 2002 in Case T-152/99: Hĳos de Andrés Molina, SA (Hamsa) v Commission of the European Communities (State aid — Action for annulment — Aid granted on the basis of general aid schemes approved by the Commission — Aid for rescue and restructuring of firms in difficulty — Private investor criterion — Remission of debts — Manifest error of assessment — Effect on trade between Member States)
Date: 2002-09-14
Institutions: Court of First Instance
Subjects: Spain, State aid, action for annulment (EU), aid to undertakings

14.9.2002

EN

Official Journal of the European Communities

C 219/15

COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

4. Dismisses the application in Case T-18/00 as inadmissible.

of 11 July 2002

5.

The parties shall bear their own costs, including those incurred
in the proceedings for interim relief.

in Joined Cases T-137/99 and T-18/00: Natalia Martínez
Páramo and Serena Angioli and Others v Commission of
the European Communities (1)

(Temporary agent’s
contract — Admissibility — Act
adversely affecting an official — Compliance with time-
limits set by Staff Regulations — Second renewal of a
temporary agent’s contract — Articles 2(a) and (b), 3(a), 8,
9, 10(1), 12, 13, 14 and 15 of the CEOS — Termination of
a fixed-term contract — Notice provided for in Articles 47(2)
and 74 CEOS)

(2002/C 219/38)

(Language of the case: French)

In Joined Cases T-137/99 and T-18/00: Natalia Martínez
Páramo, residing in Brussels, and 32 others, and Serena
Angioli, residing in Brussels, and 4 others, former temporary
agents of the Commission of the European Communities,
represented by E. Boigelot,
lawyer, with an address for
service in Luxembourg, against Commission of the European
Communities (Agents: initially G. Valsesia, subsequently F. Clo-
tuche-Duvieusart) — application for, first, annulment of the
decisions of the Commission of 23 March, 18 May and
31 May 1999 confirming the termination of the applicants’
employment contracts of 30 June 1999 and the expiry date
for each of those contracts and, secondly, annulment of the
legal characterisation of the applicants’ contracts — the Court
of First Instance (Fifth Chamber), composed of J.D. Cooke,
President, R. García-Valdecasas and P. Lindh, Judges; J. Plingers,
Administrator, for the Registrar, gave a judgment on 11 July
2002, in which it:

1. Declares admissible the application in Case T-137/99 in so

far as it was made by Mr Marenne.

2. Declares inadmissible the application in Case T-137/99 in so

far as it was made by the other applicants.

3. Dismisses the application in Case T-137/99.

(1) OJ No C 246 of 28.8.1999 and OJ No C 79 of 18.3.2000.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 11 July 2002

in Case T-152/99: Hijos de Andrés Molina, SA (Hamsa) v
Commission of the European Communities (1)

(State aid — Action for annulment — Aid granted on the
basis of general aid schemes approved by the Commission —
Aid for rescue and restructuring of firms in difficulty —
Private investor criterion — Remission of debts — Manifest
error of assessment — Effect on trade between Member
States)

(2002/C 219/39)

(Language of the case: Spanish)

In Case T-152/99: Hijos de Andrés Molina, SA (Hamsa),
established in Seville (Spain), represented by L. M. Olivencia
Brugger and J. L. Ballester García-Izquierdo, lawyers, with an
address for service in Luxembourg, supported by Kingdom of
Spain (Agent: D. S. Ortiz Vaamonde), against Commission of
the European Communities (Agents: I. Martínez del Peral and
D. Triantafyllou) — application for annulment of Commission
Decision 1999/484/EC of 3 February 1999 concerning State
aid which the Spanish Government has granted to the
company Hijos de Andrés Molina SA (Hamsa) (OJ 1999 L 193,
p. 1) — the Court of First Instance (Fifth Chamber, Extended
Composition), composed of P. Lindh, President, R. García-
Valdecasas, J.D. Cooke, M. Vilaras and N.J. Forwood, Judges;
O. Speltdoorn, Legal Secretary, for the Registrar, has given a
judgment on 11 July 2002, in which it:

1. Annuls Article 1(3) of Commission Decision 1999/484/EC
of 3 February 1999 concerning State aid which the Spanish
Government has granted to the company Hijos de Andrés
Molina SA (Hamsa).

C 219/16

EN

Official Journal of the European Communities

14.9.2002

2. Annuls Articles 3 of Decision 1999/84 in so far as it obliges
the Kingdom of Spain to recover State aid granted in the form
of debt cancellation by public bodies.

3. Dismisses the remainder of the application.

4. Orders the Commission to bear its own costs and 30 % of the

costs incurred by the applicant.

5. Orders the Kingdom of Spain to bear its own costs.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 12 June 2002

in Case T-66/00: B v Commission of the European
Communities (1)

(Officials — Education allowance — Dependent child allow-
ance — Conditions of grant — Recovery of undue payment)

( 1) OJ C 246 of 28.8.1999.

(2002/C 219/41)

(Language of the case: French)

JUDGMENT OF THE COURT OF FIRST INSTANCE

11 July 2002

in Case T-205/99: Hyper Srl v Commission of the Euro-
pean Communities (1)

In Case T-66/00: B, an official of the Commission of the
European Communities, residing at Tervuren (Belgium), rep-
resented by J.-N. Louis, G.-F. Parmentier and V. Peere, lawyers,
with an address for service in Luxembourg, v Commission of
the European Communities (Agent: J. Currall) — application
for annulment of the Commission’s decision of 4 March
1999 discontinuing, with effect from 1 September 1997, the
education allowance and dependent child allowance paid to
the applicant — the Court of First Instance (Fourth Chamber),
composed of: M. Vilaras, President, and V. Tiili and P. Mengoz-
zi, Judges; D. Christensen, Administrator, for the Registrar, has
given a judgment on 12 June 2002, in which it:

(Customs duties — Importation of television sets from India
— Invalid certificates of origin — Application for remission
of import duties — Article 13(1) of Regulation (EEC)
No 1430/79 — Rights of the defence — Special situation)

1. Dismisses the application;

2. Orders the parties to bear their own costs.

(2002/C 219/40)

(1) OJ C 135 of 13.5.2000.

(Language of the case: German)

In Case T-205/99, Hyper Srl, established in Limena (Italy),
represented by D. Ehle and D. Ehle, Rechtsanwälte, with an
address for service in Luxembourg, v Commission of the
European Communities (Agents: J.-C. Schieferer and M. Nun˜ez-
Müller): Application for annulment of Commission Decision
REM 14/98 of 5 February 1999 finding that the remission of
import duties due from the applicant in respect of television
sets imported from India is not justified, the Court of First
Instance (Third Chamber), composed of: M. Jaeger, President,
K. Lenaerts and J. Azizi, Judges; H. Jung, Registrar, has given a
judgment on 11 July 2002, in which it:

JUDGMENT OF THE COURT OF FIRST INSTANCE

9 July 2002

in Case T-333/00: Rougemarine SARL v Commission of
the European Communities (1)

(Programme encouraging the development and distribution
of European audiovisual works (MEDIA II) — Decision to
award financial support — Refusal — Implied reasons)

1. Dismisses the action;

2. Orders the applicant to pay the costs.

( 1) OJ C 333 of 20.11.1999.

(2002/C 219/42)

(Language of the case: French)

In Case T-333/00, Rougemarine SARL, established in Paris
(France), represented by T. Levy and O. Rezlan, lawyers, with