Judgment of the Court of First Instance of 30 September 2003 in Case T-17/01: Georgios Rounis v Commission of the European Communities (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)
Date: 2003-12-13
Institutions: Court of First Instance
Subjects: European Commission, European official, action for annulment (EU), capital transfer, pay, redemption

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;