Order of the Court of First Instance of 25 June 2003 in Case T-41/01: Rafael Pérez Escolar v Commission of the European Communities (State aid — Complaint — Action for failure to act — Standing — Admissibility)
Date: 2003-11-15
Institutions: Court of First Instance
Subjects: European Commission, Spain, State aid, action for failure to act, bank, complaint to the Commission

15.11.2003

EN

Official Journal of the European Union

C 275/45

ORDER OF THE COURT OF FIRST INSTANCE

of 25 June 2003

in Case T-41/01: Rafael Pérez Escolar v Commission of
the European Communities (1)

(State aid — Complaint — Action for failure to act —
Standing — Admissibility)

Luxembourg, against European Parliament (Agents: H. von
Hertzen and L. Knudsen) — application for annulment of the
decision of the Parliament not to pay to the applicant the sum
corresponding to the deductions made from the salary of his
ex-wife between March and November 1998 — the Court of
First Instance (Third Chamber), composed of K. Lenaerts,
President, J. Azizi and M. Jaeger, Judges; H. Jung, Registrar, has
given a judgment on 15 July 2003, in which it:

(2003/C 275/74)

1. Dismisses the application as manifestly inadmissible.

(Language of the case: Spanish)

2. Orders the parties to bear their own costs.

In Case T-41/01: Rafael Pérez Escolar, residing in Madrid,
represented by F. Moreno Pardo, lawyer, with an address for
service in Luxembourg, against Commission of the European
Communities (Agents: I. Martínez del Peral and J. Flett) —
application under Article 232 EC for a declaration that the
Commission has failed to fulfil its obligations under the EC
Treaty by failing to adopt any decision whatever regarding the
complaint made by the applicant against the Kingdom of
Spain for infringement of Article 87 EC and by failing to
initiate the procedure provided for by Article 88(2) EC with
regard to the State aid allegedly granted by the Spanish
authorities to Banco Español de Crédito SA — the Court
of First Instance (Fourth Chamber, Extended Composition),
composed of V. Tiili, President of the Chamber, J. Pirrung,
P. Mengozzi, A.W.H. Meij and M. Vilaras, Judges; H. Jung,
Registrar, made an order on 25 June 2003, the operative part
of which is as follows:

1.

2.

The application is dismissed as inadmissible.

The applicant is ordered to pay the costs.

(1) OJ C 134 of 5.5.2001.

ORDER OF THE COURT OF FIRST INSTANCE

of 15 July 2003

in Case T-371/02: Bernard Barbé v European Parliament

(Attachment of earnings procedure — Failure to pay to the
attaching creditor deductions from salary made prior to
termination of attachment of earnings — Manifest inadmis-
sibility)

(2003/C 275/75)

(Language of the case: French)

In Case T-371/02: Bernard Barbé, official of the European
Parliament, residing in Luxembourg (Luxembourg), represent-
lawyer, with an address for service in
ed by A. Lorang,

ORDER OF THE PRESIDENT OF THE COURT OF FIRST
INSTANCE

of 5 August 2003

in Case T-79/03 R: Industrie riunite odolesi SpA (IRO) v
Commission of the European Communities

(Procedure for interim relief — Competition — Payment of
a fine — Bank guarantee — Urgency — None)

(2003/C 275/76)

(Language of the case: Italian)

In Case T-79/03 R,
Industrie riunite odolesi SpA (IRO),
established in Odolo (Italy), (lawyer: A. Giardina), supported
by the Italian Republic (Agent: I.M. Braguglia) v Commission
of the European Communities (Agents: L. Pignataro and
A. Whelan) — application to suspend operation of the
Commission Decision of 17 December 2002 relating to a
proceeding under Article 65 CS (COMP/37.956 — Reinforcing
bars), in so far as it imposes a fine of EUR 3,58 million on the
applicant, — the President of the Court of First Instance made
an order on 5 August 2003, the operative part of which is as
follows:

1.

The application for interim measures is dismissed.

2.

The costs are reserved.