Judgment of the Court of First Instance of 9 July 2003 in Case T-102/00 Vlaams Fonds voor de Sociale Integratie van Personen met een Handicap v Commission of the European Communities (Social policy — European Social Fund — Reduction of financial assistance — Right to a fair hearing — Article 24 of Regulation (EEC) No 4253/88 — Statement of reasons)
Date: 2003-09-06
Institutions: Court of First Instance
Subjects: Belgium, EU aid, European Commission, European Social Fund, action for annulment (EU), operational programme

C 213/26

EN

Official Journal of the European Union

6.9.2003

COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 2 July 2003

in Case T-99/98: Hameico Stuttgart GmbH and Others v
Council of the European Union and Commission of the
European Communities (1)

(Actions for damages — Common organisation of the
markets — Bananas — Import scheme — Undertakings in
the former GDR)

(2003/C 213/48)

(Language of the case: German)

established

Frucht GmbH,

In Case T-99/98, Hameico Stuttgart GmbH, formerly A & B
(Germany),
Fruchthandel GmbH, established in Stuttgart
in Schwabhausen
Amhof
(Germany), Hameico Dortmund GmbH,
formerly Dessau-
Bremer Frucht GmbH, established in Dortmund (Germany),
Hameico Fruchthandelsgesellschaft mbH, formerly Bremen-
Rostocker-Frucht GmbH, established in Rostock (Germany),
Leipzig-Bremer Frucht GmbH, established in Leipzig (Ger-
many), represented by G. Schohe, lawyer, with an address for
service in Luxembourg, v Council of the European Union
(Agents: J.-P. Hix and A. Tanca), Commission of the European
Communities (Agents: K.-D. Borchardt and A. von Bogdandy),
supported by Kingdom of Spain (Agent: R. Silva de Lapuerta):
Application for compensation for the damage allegedly suf-
fered by the applicants as a result of the application of Council
Regulation (EEC) No 404/93 of 13 February 1993 on the
common organisation of the market in bananas (OJ 1993
L 47, p. 1) and of Commission Regulation (EEC) No 1442/93
of 10 June 1993 laying down detailed rules for the application
of the arrangements for importing bananas into the Com-
munity (OJ 1993 L 142, p. 6), the Court of First Instance (First
Chamber), composed of: B. Vesterdorf, President, N.J. Forwood
and H. Legal,
for the
Registrar, has given a judgment on 2 July 2003, in which it:

J. Plingers, Administrator,

Judges;

1. Dismisses the application;

2. Orders the applicants to bear their own costs in addition to
those incurred by the Council and the Commission. The
Kingdom of Spain is to bear its own costs.

( 1) OJ C 312 of 10.10.1998.

of 17 June 2003

in Case T-52/00: Coe Clerici Logistics SpA v Commission
of the European Communities (1)

(Competition — Complaint — Articles 82 EC and 86 EC —
Admissibility — Port services)

(2003/C 213/49)

(Language of the case: Italian)

In Case T-52/00, Coe Clerici Logistics SpA, established in
Trieste (Italy), represented by G. Conte, G.M. Giacomini and
E. Minozzi, lawyers, with an address for service in Luxembourg,
v Commission of the European Communities (Agents: R. Lyal
and L. Pignataro), supported by Autorità Portuale di Ancona,
represented by S. Zunarelli, C. Perrella and P. Manzini, lawyers:
Application for annulment of the Commission’s letter of
20 December 1999 (D 17482) refusing to act on the
applicant’s complaint based on Articles 82 EC and 86 EC,
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 17 June 2003, in which it:

1. Dismisses the application;

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

incurred by the Commission;

3. Orders the Autorità Portuale di Ancona to bear its own costs.

(1) OJ C 135 of 13.5.2000.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 9 July 2003

in Case T-102/00 Vlaams Fonds voor de Sociale Integratie
van Personen met een Handicap v Commission of the
European Communities (1)

(Social policy — European Social Fund — Reduction of
financial assistance — Right to a fair hearing — Article 24
of Regulation (EEC) No 4253/88 — Statement of reasons)

(2003/C 213/50)

(Language of the case: Dutch)

In Case T-102/00, Vlaams Fonds voor de Sociale Integratie
van Personen met een Handicap, established in Brussels

6.9.2003

EN

Official Journal of the European Union

C 213/27

(Belgium), represented by J. Stuyck, lawyer, with an address for
service in Luxembourg, v Commission of
the European
Communities (agents: H.M.H. Speyart and L. Flynn) — an
application for annulment of Commission Decision C (2000)
36 of 31 January 2000 reducing the amount of financial
assistance initially provided by Decision C (1994) 3059 of
25 November 1994 approving the grant of assistance through
the European Social Fund for an operational programme under
the Community framework of support for the achievement of
Objective 3 in Belgium (Flemish Community) — the Court of
First Instance (Fourth Chamber), composed of V. Tiili, Presi-
Judges; Registrar:
dent, and P. Mengozzi and M. Vilaras,
J. Plingers, Administrator, gave the following judgment on
9 July 2003:

1.

Commission Decision C (2000) 36 of 31 January 2000
reducing the amount of financial assistance initially provided
by Decision C (1994) 3059 of 25 November 1994 approving
the grant of assistance through the European Social Fund for
an operational programme under the Community framework of
the achievement of Objective 3 in Belgium
support
(Flemish Community) is annulled in so far as it reduces by
EUR 181 067 the financial assistance under the European
Social Fund of which the Vlaams Fonds voor de Sociale
Integratie van Personen met een Handicap is the recipient;

for

2.

The Commission is ordered to pay the costs.

( 1) OJ C 176 of 24.6.00.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 9 July 2003

in Case T-220/00: Cheil Jedang Corp. v Commission of the
European Communities (1)

(Competition — Cartel — Lysine — Guidelines on the
method of setting fines — Applicability — Gravity and
duration of the infringement — Turnover — Mitigating
circumstances)

(2003/C 213/51)

(Language of the case: English)

In Case T-220/00, Cheil Jedang Corp., established in London
(United Kingdom), represented by A.R.M. Bell, solicitor,
R.P. Gerrits, lawyer, and J. Killick, barrister, with an address for
service in Luxembourg, v Commission of
the European
Communities (Agents: W. Wils, R. Lyal and J. Flynn): Appli-

cation for partial annulment of Commission Decision 2001/
418/EC of 7 June 2000 relating to a proceeding pursuant to
Article 81 of the EC Treaty and Article 53 of the EEA
Agreement (Case COMP/36.545/F3 — Amino Acids) (OJ 2001
L 152, p. 24) or a reduction in the fine imposed on the
applicants, the Court of First Instance (Fourth Chamber),
composed of: M. Vilaras, President, V. Tiili and P. Mengozzi,
Judges; D. Christensen, Administrator, for the Registrar, has
given a judgment on 9 July 2003, in which it:

1.

Sets the amount of the fine imposed on Cheil Jedang Corp. at
EUR 10 080 000;

2. Dismisses the remainder of the application;

3. Orders Cheil Jedang Corp. to bear its own costs and to pay two
thirds of the Commission’s costs and orders the Commission to
bear one third of its own costs.

(1) OJ C 316 of 4.11.2000.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 9 July 2003

in Case T-223/00: Kyowa Hakko Kogyo Co. Ltd and
Kyowa Hakko Europe GmbH v Commission of the
European Communities (1)

(Competition — Cartel — Lysine — Guidelines on the
method of setting fines — Applicability — Gravity of the
infringement — Turnover — Concurrent sanctions)

(2003/C 213/52)

(Language of the case: English)

In Case T-223/00, Kyowa Hakko Kogyo Co. Ltd, established in
Tokyo (Japan), Kyowa Hakko Europe GmbH, established in
Düsseldorf
(Germany), represented by C. Canenbley, and
K. Diedrich, lawyers, with an address for service in Luxem-
bourg, v Commission of the European Communities (Agents:
W. Wils, R. Lyal and J. Flynn): Application for partial annul-
ment of Commission Decision 2001/418/EC of 7 June 2000
relating to a proceeding pursuant to Article 81 of the EC
Treaty and Article 53 of the EEA Agreement (Case COMP/
36.545/F3 — Amino Acids) (OJ 2001 L 152, p. 24) or a
reduction in the fine imposed on the applicants, the Court of