Judgment of the Court of First Instance 9 July 2002 in Case T-333/00: Rougemarine SARL v Commission of the European Communities (Programme encouraging the development and distribution of European audiovisual works (MEDIA II) — Decision to award financial support — Refusal — Implied reasons)
Date: 2002-09-14
Institutions: Court of First Instance
Subjects: EU aid, EU programme, action for annulment (EU), audiovisual production, audiovisual programme, discrimination on the basis of nationality

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

14.9.2002

EN

Official Journal of the European Communities

C 219/17

an address for service in Luxembourg, v Commission of the
European Communities (Agents: K. Banks and M. Wolfcarius),
supported by Council of the European Union (Agent: A. Lopes
Sabino): Application for annulment of
the Commission’s
decision, contained in a letter of 5 September 2000, refusing
to grant the applicant financial support under the MEDIA II
programme and for damages to compensate for the harm
suffered as a result of that refusal, the Court of First Instance
(Fifth Chamber), composed of: J.D. Cooke, President, R. García-
Valdecasas and P. Lindh, Judges; B. Pastor, Principal Adminis-
trator, for the Registrar, has given a judgment on 9 July 2002,
in which it:

1. Dismisses the application;

2. Orders the applicant to pay the costs incurred by the defendant

in addition to its own;

1.

2.

3.

dismisses the application as inadmissible in so far as it asks the
Court to order the defendant to classify the applicant at a higher
grade.

dismisses the remainder of the application as unfounded.

orders the parties to bear their own costs.

(1) OJ No C 95 of 24.3.01.

3. Orders the intervener to bear its own costs.

JUDGMENT OF THE COURT OF FIRST INSTANCE

( 1) OJ C 372 of 23.12.2000

of 12 June 2002

in Case T-9/01: Michael Becker v Court of Auditors of the
European Communities (1)

(Officials — Leave on personal grounds — Invalidity
pension)

(2002/C 219/44)

(Language of the case: German)

In Case T-9/01: Michael Becker, an official on leave on
personal grounds from the Court of Auditors of the European
represented by
residing in Luxembourg,
Communities,
R. Nathan, lawyer, against Court of Auditors of the European
Communities (Agents: J.-M. Stenier, P. Giusta and B. Schäfers)
— application for annulment of the decision of the Court of
Auditors of 13 November 2000 rejecting a request to be
retired on grounds of invalidity — the Court of First Instance
(Fourth Chamber), composed of M. Vilaras, President, V. Tiili
and P. Mengozzi, Judges; D. Christensen, for the Registrar,
gave a judgment on 12 June 2002, in which it:

1. Dismisses the application.

2. Orders the parties to bear their own costs.

(1) OJ C 95 of 24.3.2001.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 11 July 2002

in Case T-381/00: Franz-Martin Wasmeier v Commission
of the European Communities (1)

(Officials — Appointment — Classification in grade —
Article 31(2) of the Staff Regulations)

(2002/C 219/43)

(Language of the case: German)

In Case T-381/00: Franz-Martin Wasmeier, an official at
the Commission of the European Communities, residing in
Brussels, represented by G. Maier, lawyer, against Commission
of the European Communities (Agents: C. Berardis-Kayser et
M. B. Wägenbaur) — application for annulment of
the
Commission’s decision of 24 September 2000 concerning the
applicant’s definitive classification in Grade A 7, step 3, and of
the Commission’s decision of 24 September 1999 rejecting
the applicant’s complaint — the Court of First Instance (Fifth
Chamber), composed of J.D. Cooke, President, R. García-
Valdecasas and P. Lindh , Judges; D. Christensen, for the
Registrar, gave a judgment on 11 July 2002, in which it: