Judgment of the Court of First Instance of 30 September 2003 in Case T-26/01: Fiocchi munizioni SpA v Commission of the European Communities (Articles 296 EC and 298 EC — State aid granted to an arms production undertaking — Complaint — Action for declaration of failure to act — Inadmissibility)
Date: 2003-12-13
Institutions: Court of First Instance
Subjects: European Commission, State aid, action for failure to act, arms industry, complaint to the Commission, restriction on competition

13.12.2003

EN

Official Journal of the European Union

C 304/23

1) Dismisses the application.

2) Orders the applicant to bear its own costs and to pay those of
the Commission and the interveners, KirchPayTV and BSkyB.

(1) OJ 2000 C 247 of 26.8.2000.

3. Orders the Commission to pay the costs of the proceedings
which gave rise to the Judgment of the Court of First Instance
of 16 May 2002 Rounis v Commission (T-17/01).

4.

In the present proceedings, orders the Commission to bear its
own costs and to pay one-third of the costs incurred by the
applicant.

(1) OJ C 95 of 24.3.2001.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 30 September 2003

JUDGMENT OF THE COURT OF FIRST INSTANCE

in Case T-17/01: Georgios Rounis v Commission of the
European Communities (1)

of 30 September 2003

(Officials — Articles 17(2)(a) and (b) of Annex VII to the
Staff Regulations — Transfer of a part of remuneration in
the currency of a Member State other than the country in
which the institution has its seat — Conditions — Loss —
Assessment of damages)

(2003/C 304/40)

(Language of the case: French)

In Case T-17/01, Georgios Rounis, an official of the Com-
mission of the European Communities, residing in Brussels
(Belgium), represented by É. Boigelot, lawyer, with an address
for service in Luxembourg, against the Commission of the
European Communities (Agents: J. Currall and F. Clotuche-
Duvieusart) — application for determination of the amount of
the loss for which the Commission was ordered to compensate
the applicant following annulment by the Court of First
Instance of the Commission’s decision of 24 February 2000
limiting transfer of the applicant’s emoluments to the United
Kingdom to 19 % of his net monthly earnings, the Court of
First Instance, M. Vilaras, Judge; and I. Natsinas, Administrator,
for the Registrar, has given a judgment on 30 September
2003, in which it:

in Case T-26/01: Fiocchi munizioni SpA v Commission of
the European Communities (1)

(Articles 296 EC and 298 EC — State aid granted to an
arms production undertaking — Complaint — Action for
declaration of failure to act — Inadmissibility)

(2003/C 304/41)

(Language of the case: Italian)

In Case T-26/01, Fiocchi Munizioni SpA, established in Lecco
(Italy), represented by I. Van Bael, E. Raffaelli, F. Di Gianni
and R. Antonini,
lawyers, v Commission of the European
Communities (Agent: V. Di Bucci), supported by Kingdom of
Spain (Agent: S. Ortiz Vaamonde): Application for a declar-
ation that the Commission unlawfully refrained from taking a
decision on the merits of the complaint by the applicant
concerning a State aid granted by the Kingdom of Spain to the
Santa Barbara company, the Court of First Instance (Third
Chamber, Extended Composition), composed of: K. Lenaerts,
President, P. Lindh, J. Azizi, J.D. Cooke and M. Jaeger, Judges;
J. Palacio González, Principal Administrator, for the Registrar,
has given a judgment on 30 September 2003, in which it:

1. Orders the Commission to pay the applicant damages of
GBP 17 394,64, with interest for late payment at the annual
rate of 5,25 % annually until payment.

1. Dismisses the action as inadmissible;

2. Dismisses the remainder of the action for damages.

2. Orders the applicant to pay the costs;

C 304/24

EN

Official Journal of the European Union

13.12.2003

3. Orders the intervener to bear its own costs.

2. Orders each party to bear its own costs including those relation

(1) OJ C 108 of 7.4.2001.

to the interim proceedings.

(1) OJ C 289 of 13.10.2001.

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 30 September 2003

of 30 September 2003

in Case T-196/01: Aristotelio Panepistimio Thessalonikis
v Commission of the European Communities (1)

(EAGGF — Discontinuation of financial aid — Article 24
of Regulation (EEC) No 4253/88 — Error of assessment
— Principle of proportionality — Reasonable period —
Statement of reasons)

in Case T-203/01: Manufacture française des pneumati-
ques Michelin v Commission of the European Communi-
ties (1)

(Article 82 EC — System of discounts — Abuse of dominant
position)

(2003/C 304/42)

(Language of the case: Greek)

(2003/C 304/43)

(Language of the case: French)

In Case T-196/01: Aristoteleio Panepistimio Thessalonikis,
established in Thessaloniki (Greece) represented by D. Niko-
poulos, lawyer, with an address for service in Luxembourg, v
Commission of the European Communities (Agents: M. Con-
dou-Durande) — application for annulment of Commission
Decision C (2001) 1284 of 8 June 2001, discontinuing aid to
the laboratory for forest genetics and the improvement of
ligneous plant species of Aristotelio Panepistimio Thessaloniki
(University of Thessaloniki) granted by Commission Decision
C (96) 2542 of 25 September 1996 on the grant of EAGGF
Guidance Section assistance in accordance with Council Regu-
context of project
lation (EEC) No 4256/88 in the
No 93.EL.06.023, ‘Pilot project on the acceleration of regener-
ation of woodland affected by the fires in Greece’, — the Court
of First Instance (Third Chamber), composed of K. Lenaerts,
President, J. Azizi and M. Jaeger, Judges; U. Natsinas, Adminis-
trator, for the Registrar, has given a judgment on 30 September
2003, in which it:

1. Annuls Commission Decision C (2001) 1284 of the 8 June
2001 discontinuing assistance to the laboratory for forestry
genetics and improvement of ligneous plant species of Aristotelio
Panepistimio Thessaloniki (Aristoteleio University of Thessa-
loniki) granted by Decision C (96) 2542 of the Commission of
25 September 1996 on the grant of EAGGF Guidance
section assistance in accordance with Council Regulation (EEC)
No 4256/88 in the context of Project No 93.EL.06.023 ‘Pilot
project on the acceleration of regeneration of woodland affected
by the fires in Greece’;

In Case T-203/01: Manufacture française des pneumatiques
Michelin, established in Clermont-Ferrand (France), represent-
ed by J.-F. Bellis, M. Wellinger, D. Waelbroeck and M. Johnsson,
lawyers, with an address for service in Luxembourg, against
Commission of the European Communities (Agents: initially
É. Gippini Fournier and A. Barav, subsequently R. Wainwright
and A. Barav), supported by Bandag Inc., established in
Muscatine, Iowa (United States of America), represented by
H. Calvet and R. Saint-Esteben, lawyers, with an address for
service in Luxembourg - application for annulment of the
Commission Decision of 20 June 2001 (Case COMP/E-2/
36.041/PO — Michelin) relating to a proceeding pursuant to
Article 82 EC (OJ 2002, L 143, p. 1) — the Court of First
Instance (Third Chamber), composed of K. Lenaerts, President,
J. Azizi and M. Jaeger, Judges; J. Plingers, Administrator, for
the Registrar, gave a judgment on 30 September 2003, in
which it:

1. Dismisses the application.

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

Commission.

3. Orders Bandag Inc. to bear its own costs.

(1) OJ C 331 of 24.11.2001.