Removal from the Register of Case T-253/99
Date: 2004-04-30
Institutions: Court of First Instance
Subjects: European Commission, Germany, Netherlands, State aid, action for annulment (EU), distributive trades, frontier region, motor fuel

C 118/52

EN

Official Journal of the European Union

30.4.2004

Pleas in law and main arguments:

Removal from the Register of Case T-253/99 (1)

In the contested decision, the Commission applied a fixed rate
interest owed on the
of 7.25 % to determine the default
amount of the fine imposed on Cementir by Commission Deci-
sion 94/815/EC of 30 November 1994, as amended by the
Court of First Instance in Case T-87/95 of 15 March 2000, and
subsequently upheld by the Court of Justice of the European
Communities in Case C-219/00 P of 7 January 2004.

The applicant contests the decision and bases its action on two
grounds.

In the first ground, it pleads infringement of the general princi-
ples of Community law and in particular of the right to effec-
tive judicial protection, since the application of a fixed rate of
7.25 % for a period of nine years has produced an excessive
and particularly onerous amount of interest. According to the
applicant, the use of a fixed rate, calculated on the basis of the
market situation in 1995, proves completely unreasonable
when applied to an extremely long time period such as more
than nine years. Further, in the period in question market rates
have fallen considerably and that has brought about a situation
in which Cementir's right
to judicial protection has been
subject to particularly onerous conditions.

In its second ground, the applicant asks the Court to annul the
decision contained in the letter of 28 January 2004 on account
of infringement of the principle of proportionality enshrined in
Article 5 (ex Article 3b) of the EC Treaty. Cementir considers
that the application of a variable rate of interest (increased by a
reasonable spread) would be as effective in attaining the objec-
tives pursued by the Commission, without imposing unjustified
restrictions on the right to full judicial protection.

(2004/C 118/113)

Language of the Case: Dutch

By order of 23 March 2004, the President of the Second
Chamber (Extended Composition) of the Court of First Instance
of the European Communities has ordered the removal from
the Register of Case T-253/99, Oliehandel Van den Belt B.V.
supported by the Kingdom of the Netherlands v Commission
of the European Communities.

(1) OJ C 6 of 8.1.2000.

Removal from the Register of Case T-320/99 (1)

(2004/C 118/114)

(Language of the case: Dutch)

By order of 23 March 2004, the President of the Second
Chamber (Extended Composition) of the Court of First Instance
of the European Communities has ordered the removal from
the Register of Case T-320/99, W.R. Milder supported by the
Kingdom of the Netherlands v Commission of the European
Communities.

(1) OJ C 63 of 4.3.2000.

Removal from the Register of Case T-248/99 (1)

(2004/C 118/112)

Removal from the Register of Case T-246/01 R (1)

(Language of the case: Dutch)

By order of 23 March 2004, the President of the Second
Chamber (Extended Composition) of the Court of First Instance
of the European Communities has ordered the removal from
the Register of Case T-248/99, Autobedrijf Diepenmaat V.O.F
supported by the Kingdom of the Netherlands v Commission
of the European Communities.

(2004/C 118/115)

Language of the case: English

By order of 24 March 2004, the President of the Court of First
the European Communities has ordered the
Instance of
removal from the Register of Case T-246/01 R, GrafTech Inter-
national Ltd v Commission of the European Communities.

(1) OJ C 6 of 8.1.2000.

(1) OJ C 17 of 19.1.2002.