Judgment of the Court of First Instance of 4 March 2003 in Case T-319/99: Federación Nacional de Empresas de Instrumentación Científica, Médica, Técnica y Dental (FENIN) v Commission of the European Communities (Competition — Abuse of a dominant position — Public health service — Late payment of invoices — Complaint submitted by suppliers — Definition of undertaking)
Date: 2003-05-10
Institutions: Court of First Instance
Subjects: European Commission, Spain, action for annulment (EU), producer organisation, provision of services, social security

C 112/24

EN

Official Journal of the European Union

10.5.2003

COURT OF FIRST INSTANCE

Assignment of Judges to Chambers

(2003/C 112/42)

At its plenary meeting on 2 April 2003, the Court of First
to Article 10 of the Rules of
Instance decided, pursuant
Procedure of the Court of First Instance, in respect of the
period ending on 30 September 2003, to assign Judge Martins
Ribeiro to the First Chamber, to the First Chamber, Extended
Composition, and to the Fifth Chamber, Extended Compo-
sition.

Consequently, the composition of the Chambers as decided on
4 July 2002 (OJ C 202 of 24 August 2002, p. 19) is modified
as follows:

First Chamber

G. Arendt, lawyers, with an address for service in Luxembourg,
against Commission of the European Communities (Agents:
C. Cattabriga and A. Dal Ferro) — application for the
annulment of Commission decision C(1999) 2183 of 5 August
1999, first, discontinuing the financial aid granted to the
applicant by Commission decision C(91) 654/87 of 29 April
1991 in the framework of project IT/0166/91/01, entitled
‘Modernisation of an aquaculture production unit at Contarina
(Veneto)’ and for an order directing the applicant to repay to
the Commission ITL 420 810 718 (EUR 217 330,59) — the
Court of First
Instance (Second Chamber), composed of
R.M. Moura Ramos, President, J. Pirrung and A.W.H. Meij,
Judges; Palacio González, Principal Administrator,
for the
Registrar, has given a judgment on 12 March 2003, in which
it:

1. Dismisses the application;

2. Orders the applicant to pay the costs, including those of the

proceedings for interim measures.

B. Vesterdorf (President of the Chamber), H. Legal and M.E.
Martins Ribeiro, Judges.

(1) OJ C 34 of 5.2.2000.

First Chamber, Extended Composition

B. Vesterdorf (President of the Chamber), J. Azizi, M. Jaeger,
H. Legal and M.E. Martins Ribeiro, Judges.

Fifth Chamber, Extended Composition

JUDGMENT OF THE COURT OF FIRST INSTANCE

R. García-Valdecasas (President of the Chamber), P. Lindh,
J.D. Cooke, H. Legal and M.E. Martins Ribeiro, Judges.

of 4 March 2003

in Case T-319/99: Federación Nacional de Empresas de
Instrumentación Científica, Médica, Técnica y Dental
(FENIN) v Commission of the European Communities (1)

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 12 March 2003

(Competition — Abuse of a dominant position — Public
health service — Late payment of invoices — Complaint
submitted by suppliers — Definition of undertaking)

in Case T-254/99: Maja Srl v Commission of the European
Communities (1)

(Regulation (EEC) No 4028/86 — Community aid — Sale
of business — Implementation of project — Procedure for
discontinuance of aid — Action for annulment)

(2003/C 112/43)

(Language of the case: Italian)

In Case T-254/99: Maja Srl, formerly Ca’Pasta Srl, established
in Padua (Italy), represented by P. Piva, R. Mastroianni and

(2003/C 112/44)

(Language of the case: Spanish)

In Case T-319/99, Federación Nacional de Empresas de
Instrumentación Científica, Médica, Técnica y Dental (FENIN),
established in Madrid (Spain), represented by R. García-
Gallardo Gil-Fournier, G. Pérez Olmo and D. Domínguez
Pérez, lawyers, v Commission of the European Communities
(Agents: W. Wils, É. Gippini-Fournier and J. Rivas Andrés):
Application for annulment of the Commission’s decision of

10.5.2003

EN

Official Journal of the European Union

C 112/25

26 August 1999 (SG(99) D/7.040) rejecting a complaint
submitted pursuant
the Court of First
to Article 82 EC,
Instance (First Chamber, Extended Composition), composed
of: B. Vesterdorf, President, K. Lenaerts, J. Azizi, N.J. Forwood
and H. Legal,
for the
Registrar, has given a judgment on 4 March 2003, in which it:

J. Plingers, Administrator,

Judges;

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 6 March 2003

1. Dismisses the application;

2. Orders the applicant to bear its own costs together with those

incurred by the Commission.

in Case T-56/00: Dole Fresh Fruit International Ltd v
Council of the European Union and Commission of the
European Communities (1)

( 1) OJ C 79 of 18.3.2000.

(Bananas — Common organisation of the markets —
Decision 94/800/EC — Regulation (EC) No 478/95 —
Export licence scheme — Action for damages)

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 27 February 2003

in Case T-20/00 OP: Commission of the European Com-
munities v Ivo Camacho-Fernandes (1)

(Officials — Occupational disease — Irregularity in the
opinion of the medical committee — Objection against a
judgment given by default)

(2003/C 112/45)

(Language of the case: French)

In Case T-20/00 OP: Commission of the European Communi-
ties (Agents: J. Currall and J.-L. Fagnart) against Ivo Camacho-
Fernandes, an official of the Commission of the European
Communities, residing in Overijse (Belgium), represented by
N. Lhoëst, lawyer, with an address for service in Luxembourg
— objection against the judgment of the Court of First Instance
of 15 November 2000 in Case T-20/00 Camacho-Fernandes v
Commission [2000] ECR-SC I-A-249 and II-1149 given by
default, annulling the Commission decision of 10 February
1999 refusing to recognise the occupational origin of the lung
cancer which resulted in the death of Mr Camacho Fernandes’s
wife — the Court of First Instance (First Chamber), composed
of: B. Vesterdorf, President, M. Vilaras and N.J. Forwood,
Judges; D. Christensen, Administrator, for the Registrar, has
given a judgment on 27 February 2003, in which it:

1. Dismisses the objection;

2. Orders the Commission to pay the costs of the objection.

( 1) OJ C 122 of 29.4.2000.

(2003/C 112/46)

(Language of the case: English)

In Case T-56/00, Dole Fresh Fruit International Ltd, established
in San José (Costa Rica), represented by B. O’Connor, Solicitor,
with an address for service in Luxembourg, v Council of the
European Union (Agents: S. Marquardt and J.-P. Hix) and
Commission of the European Communities (Agents: initially
P. Oliver and C. Van der Hauwaert, then L. Visaggio and
K. Fitch): Application for compensation for the damage
allegedly suffered by the applicant by reason of the introduc-
tion of the export licence scheme by Council Decision 94/
800/EC of 22 December 1994 concerning the conclusion on
behalf of the European Community, as regards matters within
its competence, of the agreements reached in the Uruguay
Round multilateral negotiations (1986-1994) (OJ 1994 L 336,
p. 1) and by Commission Regulation (EC) No 478/95 of
1 March 1995 on additional rules for the application of
Council Regulation (EEC) No 404/93 as regards the tariff quota
arrangements for imports of bananas into the Community and
amending Regulation (EEC) No 1442/93 (OJ 1995 L 49, p. 13),
the Court of First Instance (Fifth Chamber), composed of:
J.D. Cooke, President, R. García-Valdecasas and P. Lindh,
Judges; J. Palacio González, Principal Administrator, for the
Registrar, has given a judgment on 6 March 2003, in which it:

1. Dismisses the application;

2. Orders the applicant to bear its own costs and to pay those of

the Council and the Commission.

(1) OJ C 135 of 13.05.2000.