Judgment of the Court of First Instance of 26 September 2002 in Case T-199/99: Sgaravatti Mediterranea Srl v Commission of the European Communities (EAGGF — Cancellation of financial assistance — Article 24 of Regulation (EEC) No 4253/88 — Prior hearing of the beneficiary — Appropriate examination of the case by the Commission — Rights of the defence — Manifest error of assessment — Statement of reasons — Principle of protection of legitimate expectations — Principle of legality of penalties — Principle of proportionality)
Date: 2002-12-07
Institutions: Court of First Instance
Subjects: EU aid, European Commission, Italy, action for annulment (EU), cultivation techniques, redemption

C 305/20

EN

Official Journal of the European Communities

7.12.2002

COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 26 September 2002

of 25 September 2002

in Case T-199/99: Sgaravatti Mediterranea Srl v Com-
mission of the European Communities (1)

(EAGGF — Cancellation of
financial assistance —
Article 24 of Regulation (EEC) No 4253/88 — Prior hearing
of the beneficiary — Appropriate examination of the case by
the Commission — Rights of the defence — Manifest error
of assessment — Statement of reasons — Principle of
protection of legitimate expectations — Principle of legality
of penalties — Principle of proportionality)

in Joined Cases T-201/00 and T-384/00: Agnès Ajour and
others v Commission of the European Communities (1)

(Officials — Remuneration — Weighting for Ireland —
Cost of living in Dublin — Articles 64 and 65 of the Staff
Regulations)

(2002/C 305/43)

(Language of the case: French)

(2002/C 305/42)

(Language of the case: Italian)

(Agents:

the European Communities

In Case T-199/99, Sgaravatti Mediterranea Srl, established in
Capoterra (Italy), represented by M. Merola and P.A.M. Ferrari,
lawyers, with an address for service in Luxembourg, v Com-
mission of
initially
F.P. Ruggeri Laderchi, J. Guerra Fernández, L. Visaggio, and
M. Moretto, and, subsequently, C. Cattabriga and M. Moretto):
Application for annulment of Commission Decision C(1999)
1502 of 4 June 1999 cancelling financial assistance previously
granted to the applicant by the European Agricultural Guid-
ance and Guarantee Fund, Guidance Section (EAGGF Guidance
Section), the Court of First Instance (Fifth Chamber), composed
of: J.D. Cooke, President, R. García-Valdecasas and P. Lindh,
Judges; J. Palacio González, Administrator, for the Registrar,
has given a judgment on 26 September 2002, in which it:

1. Dismisses the action;

2. Orders the applicant to pay all the costs.

( 1) OJ C 333 of 20.11.1999.

the European Communities,

In Joined Cases T-201/00 and T-384/00: Agnès Ajour, residing
in Dublin, and 128 other officials and agents of the Com-
represented by
mission of
J.-N. Louis and V. Peere, avocats, with an address for service in
Luxembourg, against Commission of the European Communi-
ties (Agent: J. Currall), supported by Council of the European
Union (Agents A. Pilette and F. Anton) — application for the
annulment of the decisions of the Commission drawing up the
pay slips of the applicants in respect of September and
December 1999 and of the decisions of the Commission
drawing up, pursuant
to Council Regulation (EC, ECSC,
Euratom) No 2700/1999 of 17 December 1999 adjusting
with effect from 1 July 1999 the remuneration and pensions
of officials and other servants of the European Communities
and the weightings applied thereto (OJ 1999 L 327, p. 1), back
pay for the applicants in respect of the period from 15 May to
31 December 1999 and the pays slips drawn up in respect of
the applicant since January 2000 — the Court of First Instance
(Second Chamber), composed of R.M. Moura Ramos, President,
J. Pirrung and A.W.H. Meij, Judges; J. Plingers, Administrator,
for the Registrar, gave a judgment on 25 September 2002, the
operative part of which is as follows:

1.

2.

3.

There is no need to adjudicate on Case T-201/00 with regard
to Mr Kienersberger and his dependants.

The applications are dismissed.

The parties shall bear their own costs.

(1) OJ C 285 of 7.10.2000 and OJ C 45 of 10.2.2001.