Judgment of the Court of First Instance of 18 September 2003 in Case T-321/01: Internationaler Hilfsfonds eV v Commission of the European Communities (Development cooperation — Community co-financing of projects by NGOs — Ineligibility of an NGO — Rejection of co-financing applications)
Date: 2003-11-15
Institutions: Court of First Instance
Subjects: action for annulment (EU), co-financing, development aid, non-governmental organisation

15.11.2003

EN

Official Journal of the European Union

C 275/43

COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 17 September 2003

in Case T-137/01: Stadtsportverband Neuss eV v Com-
mission of the European Communities (1)

(Action for annulment — Eurathlon Programme — Com-
munity financial assistance — Partial repayment — Obli-
gation to state reasons — Method of calculation — Limi-
tation period — Ineligible expenditure)

(2003/C 275/69)

(Language of the case: German)

In Case T-137/01, Stadtsportverband Neuss eV, established in
Neuss (Germany), represented by H.G. Hüsch and S. Schnelle,
lawyers, v Commission of the European Communities (Agent:
J. Sack): Application for annulment of the Commission’s
decision of 9 April 2001 ordering partial repayment of
financial assistance granted to the applicant under the Eur-
athlon programme, the Court of First Instance (Fourth Cham-
ber), composed of: V. Tiili, President, P. Mengozzi and
Judges; D. Christensen, Administrator, for the
M. Vilaras,
Registrar, has given a judgment on 17 September 2003, in
which it:

1. Dismisses the application.

2. Orders the applicant to pay the costs.

(1) OJ C 245 of 1.9.2001.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 17 September 2003

in Joined Cases T-309/01 and T-239/02: Peter Biegi Nah-
rungsmittel GmbH and Commonfood Handelsgesellschaft
für Agrar-Produkte mbH v Commission of the European
Communities (1)

(Subsequent accounting for import duties — Conditions
— Article 220(2)(b) of Regulation (EC) No 2193/92 —
Detectable error — Duty of care — Regulation (EC) No
774/94 — Combined nomenclature — WTO tariff quotas)

(2003/C 275/70)

(Language of the case: German)

In Joined Cases T-309/01 and T-239/02, Peter Biegi Nahrungs-
mittel GmbH, established in Frankfurt am Main (Germany),

Commonfood Handelsgesellschaft für Agrar-Produkte mbH,
established in Langen (Germany), represented by K. Landry
lawyers, v Commission of the European
and L. Harings,
Communities (Agents: J.-C. Schieferer, R. Tricot, X. Lewis and
M. Núñez-Müller): Application for, first, partial annulment of
Commission Decision C (2001) 2533 of 14 August 2001
(REC 4/00), finding it appropriate to effect post-clearance
recovery of import duties not charged to Peter Biegi Nahrungs-
mittel GmbH in respect of the importation of poultry meat
from Thailand during the period from 13 to 18 July 1995 and
from 4 to 22 September 1995 (Case T-309/01), and, second,
annulment of Commission Decision C (2002) 857 of 5 March
2002 (REC 4/01), finding it appropriate to effect post-clearance
recovery of
import duties not charged to Commonfood
Handelsgesellschaft für Agrar-Produkte mbH in respect of the
importation of poultry meat from Thailand on 24 July 1995
(Case T-239/02), the Court of First Instance (Fourth Chamber),
composed of: V. Tiili, President, P. Mengozzi and M. Vilaras,
Judges; I. Natsinas, Administrator, for the Registrar, has given
a judgment on 17 September 2003, in which it:

1. Dismisses the applications.

2. Orders the applicants to pay the costs.

(1) OJ C 56 of 2.3.2002 and C 247 of 12.10.2002.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 18 September 2003

in Case T-321/01: Internationaler Hilfsfonds eV v Com-
mission of the European Communities (1)

(Development cooperation — Community co-financing of
projects by NGOs — Ineligibility of an NGO — Rejection
of co-financing applications)

(2003/C 275/71)

(Language of the case: French)

In Case T-321/01, Internationaler Hilfsfonds eV, established in
Rosbach (Germany), represented by H. Kaltenecker, lawyer, v
Commission of the European Communities (Agents: M.-J.
the
Jonczy and S. Fries): Application for annulment of
Commission’s decision of 16 October 2001 refusing appli-
cations for the co-financing of two projects submitted by the

C 275/44

EN

Official Journal of the European Union

15.11.2003

applicant in December 1996 and September 1997, the Court
of First Instance (Third Chamber), composed of: K. Lenaerts,
President, J. Azizi and M. Jaeger, Judges; J. Plingers, Adminis-
trator, for the Registrar, has given a judgment on 18 September
2003, in which it:

1. Dismisses the application.

2. Orders the applicant to pay the costs.

1. Annuls the Commission’s decision of 16 October 2001
refusing the applications for co-financing made by the applicant
in December 1996 and September 1997.

2. Orders the Commission to pay the costs of the applicant in

addition to its own costs.

(1) OJ C 56 of 2.3.2002.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 17 September 2003

in Case T-71/02: Classen Holding KG v Office for Harmon-
isation in the Internal Market (Trade Marks and Designs)
(OHIM) (1)

(Community trade mark — Admissibility of appeal before
the Board of Appeal — Formal requirements — Filing of a
written statement setting out the grounds of appeal — Time-
limit for applying for restitutio in integrum — Articles 59
and 78 of Regulation No 40/94)

(2003/C 275/72)

(Language of the case: English)

In Case T-71/02, Classen Holding KG, established in Essen
(Germany), represented by S. von Petersdorff-Campen, lawyer,
with an address for service in Luxembourg, v Office for
Harmonisation in the Internal Market
(Trade Marks and
Designs) (OHIM) (Agent: S. Laitinen), the intervener before
the Court of First Instance being International Paper Co.,
established in New York, New York (United States of America),
represented by E. Armijo Chávarri, lawyer: Action brought
against the decision of the Second Board of Appeal of the
Office for Harmonisation in the Internal Market (Trade Marks
and Designs) of 14 December 2001 (Case R 810/1999-2)
declaring inadmissible, following rejection of the application
for restitutio in integrum, the appeal brought against the
decision of the Opposition Division in opposition proceedings
between Classen Holding KG and International Paper Co., the
Court of First Instance (Fourth Chamber), composed of: V. Tiili,
J. Plingers,
President, P. Mengozzi and M. Vilaras, Judges;
Administrator, for the Registrar, has given a judgment on
17 September 2003, in which it:

(1) OJ C 156 of 29.6.2002.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 17 September 2003

in Case T-76/02: Mara Messina v Commission of the
European Communities (1)

(Regulation (EC) No 1049/2001 — Access to documents —
Non-disclosure of a document originating from a Member
State without the prior agreement of that State)

(2003/C 275/73)

(Language of the case: Italian)

In Case T-76/02, Mara Messina, residing at Naples (Italy),
lawyer, v Commission of the
represented by M. Calabrese,
European Communities (Agents: U. Wölker, V. Di Bucci and
P. Aalto): Application for annulment of the Commission’s
decision refusing the applicant access to certain documents
relating to the State aid scheme which was the subject of the
Commission’s Decision of 2 August 2000 (State Aid N 715/
99 — Italy (SG 2000 D/10574), the Court of First Instance
(Fourth Chamber, Extended Composition), composed of: V. Tii-
li, President, J. Pirrung, P. Mengozzi, A.W.H. Meij and M. Vila-
ras, Judges; J. Palacio González, Principal Administrator, for
the Registrar, has given a judgment on 17 September 2003, in
which it:

1. Dismisses the action.

2. Orders the applicant to bear half her own costs. Orders the
Commission to bear its own costs and to pay half of the
applicant’s costs.

(1) OJ C 109 of 4.5.2002.