Judgment of the Court of First Instance of 6 March 2003 in Cases T-228/99 and T-233/99: Westdeutsche Landesbank Girozentrale and Land Nordrhein-Westfalen v Commission of the European Communities (State aid — Commission's lack of competence — Infringement of the rights of the defence — Infringement of essential procedural requirements — Concept of aid — Infringement of Articles 87 EC and 295 EC — Market economy investor — Appropriate rate of remuneration — Infringement of the obligation to state reasons)
Date: 2003-05-24
Institutions: Court of First Instance
Subjects: European Commission, Germany, State aid, action for annulment (EU), bank

24.5.2003

EN

Official Journal of the European Union

C 124/17

COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 6 March 2003

of 6 March 2003

in Cases T-228/99 and T-233/99: Westdeutsche Landes-
bank Girozentrale and Land Nordrhein-Westfalen v Com-
mission of the European Communities (1)

in Joined Cases T-61/00 and T-62/00: Associazione Pro-
duttori Olivicoli Laziali (APOL) and Associazione Italiana
Produattori Olivicoli (AIPO) v Commission of the Euro-
pean Communities (1)

(State aid — Commission’s lack of competence — Infringe-
ment of the rights of the defence — Infringement of essential
procedural requirements — Concept of aid — Infringement
of Articles 87 EC and 295 EC — Market economy investor
— Appropriate rate of remuneration — Infringement of the
obligation to state reasons)

(Agriculture — EAGF — Regulation (EEC) No 355/77
— Regulation (EEC) No 4253/88 Community Financial
Assistance — Aid for the processing and marketing of
agricultural products — Procedure to annul aid — Failure
to comply with the conditions of grant — Force majeure —
Principle of proportionality)

(2003/C 124/28)

(2003/C 124/29)

(Language of the case: German)

(Language of the case: Italian)

and Land Nordrhein-Westfalen,

In Cases T-228/99 and T-233/99: Westdeutsche Landesbank
Girozentrale, established in Düsseldorf (Germany), represented
by F. Montag, lawyer, with an address for service in Luxem-
bourg,
represented by
M. Schütte, lawyer, with an address for service in Luxembourg,
supported by Federal Republic of Germany (Agents: W.-
D. Plessing, assisted by H.-F. Wissel), against Commission of
the European Communities (Agents: K.-D. Borchardt and V.
Kreuschitz) supported by Bundesverband deutscher Banken eV,
established in Berlin (Germany), represented by H.-J. Niemeyer,
lawyer — application for annulment of Commission Decision
2000/392/EC of 8 July 1999 on a measure implemented by
the Federal Republic of Germany for Westdeutsche Landesbank
— Girozentrale (WestLB) (OJ 2000 L 150, p. 1) — the Court
of First Instance (Second Chamber, Extended Composition),
composed of R.M. Moura Ramos, President, V. Tiili, J. Pirrung,
P. Mengozzi and A.W.H. Meij, Judges; D. Christensen, Adminis-
trator, for the Registrar, has given a judgment on 6 March
2003, in which it:

1. Annuls Commission Decision 2000/392/EC of 8 July 1999
on a measure implemented by the Federal Republic of Germany
for Westdeutsche Landesbank — Girozentrale (WestLB);

2. Orders the Commission to pay the costs of the applicants and

to bear its own costs;

3. Orders the Federal Republic of Germany and the Bundesverband

deutscher Banken eV to bear their own costs.

In Joined Cases T-61/00 and T-62/00: Associazione Produttori
Olivicoli Laziali (APOL), established in Rome, Associazione
Italiana Produttori Olivicoli
(AIPO), established in Rome,
represented by E. Cappelli, P. de Caterini, F. Lepri and
R. Vaccarella, lawyers, with an address for service in Luxem-
bourg, against Commission of the European Communities
(Agents: C. Cattabriga and M. Moretto)

— application, in Case T-61/00, for annulment of Decision C
(1999) 4561 of the Commission, of 14 December 1999,
withdrawing the financial contribution granted from the
European Agricultural Guidance and Guarantee Fund to
the applicant by Decision C (84) 1100/293 of the
Commission, of 20 December 1984,

— in Case T-62/00, for annulment of Decision C (1999)
4559 of the Commission, of 14 December 1999, with-
drawing the financial contribution from the European
Agricultural Guidance and Guarantee Fund granted to the
applicant by Decision C (84) 500/213 of the Commission,
of 29 June 1984

the Court of First Instance (Second Chamber), composed of
R.M. Moura Ramos, President, and J, Pirrung and A.W.H. Meiji,
Judges; J. Palacio Gonzàlez, Principle Administrator, for the
Registrar, has given a judgment on 6 March 2003, in which it:

1. Dismisses the applications;

2.

In each case, orders the applicant concerned to bear all the costs.

( 1) OJ C 6 of 8.1.2000.

(1) OJ C 135 of 13.5.2000.