Judgment of the Court of First Instance of 25 May 2004 in Case T-154/01: Distilleria F. Palma SpA v Commission of the European Communities (Regulation (EEC) No 822/87 — Common organisation of the market in wine — Regulation (EEC) No 1780/89 — Regulation (EEC) No 2710/93 — Regulation (EC) No 416/96 — Disposal of alcohol obtained by distillation — Regulation (EEC) No 3390/90 — Sale by tender for use as motor fuel — Refusal by the Commission to amend a number of conditions for the tender — Force majeure — Non-contractual liability of the Community — Admissibility)
Date: 2004-07-24
Institutions: Court of First Instance
Subjects: European Commission, action brought before an administrative court, award of contract, beverage industry, intervention agency, intervention stock

24.7.2004

EN

Official Journal of the European Union

C 190/15

COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 25 May 2004

of 12 May 2004

in Case T-154/01: Distilleria F. Palma SpA v Commission
of the European Communities (1)

in Case T-191/01 André Hecq v Commission of the Euro-
pean Communities (1)

(Regulation (EEC) No 822/87 — Common organisation of
the market in wine — Regulation (EEC) No 1780/89 —
Regulation (EEC) No 2710/93 — Regulation (EC) No
416/96 — Disposal of alcohol obtained by distillation —
Regulation (EEC) No 3390/90 — Sale by tender for use as
motor fuel — Refusal by the Commission to amend a
number of conditions for the tender — Force majeure —
Non-contractual liability of the Community — Admissibility)

(Officials — Social security — Article 72(1) of the Staff
Regulations — Reimbursement of medical expenses —
to reimburse certain medical
Serious illness — Refusal

services at 100 %)

(2004/C 190/24)

(Language of the case: Italian)

(2004/C 190/25)

(Language of the case: French)

In Case T-154/01: Distilleria F. Palma SpA, in liquidation, estab-
lished in Naples (Italy), represented by F. Caruso,
lawyer,
against Commission of the European Communities (Agents:
L. Visaggio and C. Cattabriga, acting as Agents, and A. Dal
Ferro,) - application under Article 235 EC and the second para-
graph of Article 288 EC for compensation for damage allegedly
suffered as a result of the Commission's allegedly unlawful
conduct arising from the letter of 11 November 1996 sent by
the Commission to the Italian authorities - the Court of First
Instance (Second Chamber), composed of J. Pirrung, President,
A.W.H. Meij and N.J. Forwood, Judges;
J. Palacio González,
Principal Administrator, for the Registrar, has given a judgment
on 25 May 2004 in which it:

the European Communities,

In Case T-191/01 André Hecq, an official of the Commission
residing in Mondercange
of
(Luxembourg), represented by C. Mourato,
lawyer, with an
address for service in Luxembourg, against Commission of the
European Communities (Agent:
J. Currall) – application for
annulment of two decisions adopted by the office responsible
for the settlement of claims on 13 October 2000 and 6
November 2000 respectively, refusing to reimburse at 100 %
certain medical services provided for the applicant's wife – the
Court of First Instance, composed of J. Azizi, President, and M.
Jaeger and F. Dehousse, Judges; I. Natsinas, Administrator, for
the Registrar, has given a judgment on 12 May 2004 the
operative part of which is as follows:

1. Dismisses the application as inadmissible;

1. The decisions adopted by the office responsible for the settlement of
claims are annulled in so far as they refuse to reimburse at 100 %
certain medical services provided for the applicant's wife;

2. Orders the applicant to bear the costs.

2. The Commission is ordered to pay the costs.

(1) OJ C 259 of 15.9.2001.

(1) OJ C 317 of 10.11.2001.