Case T-196/04: Action brought on 25 May 2004 by Ryanair Limited against the Commission of the European Communities
Date: 2004-09-11
Institutions: Court of First Instance
Subjects: European Commission, State aid, Walloon region (Belgium), action for annulment (EU), control of State aid, discount sale

C 228/42

EN

Official Journal of the European Union

11.9.2004

ORDER OF THE COURT OF FIRST INSTANCE

of 2 June 2004

in Case T-123/03 Pfizer Ltd v Commission of the European
Communities (1)

(Medicinal products for human use — Initiation, under
Article 30 of Directive 2001/83/EC, of the procedure under
Article 32 of that directive — Application for annulment —
Measure against which an action may be brought — Prepara-
tory measure — Inadmissible)

(2004/C 228/95)

(Language of the case: English)

of

the

Communities

In Case T-123/03: Pfizer Ltd, established in Sandwich, Kent
(United Kingdom), represented by D. Anderson QC, K. Bacon,
I. Dodds-Smith and T. Fox, Solicitors, against
Barrister,
Commission
(Agents:
European
H. Støvlbaek and X. Lewis, acting as Agents, with an address
for service in Luxembourg ) — application for the annulment
of the Commission Decision of 6 January 2003 initiating a
referral to the European Agency for the Evaluation of Medicinal
Products (EMEA) in relation to Lopid under Article 30 of Direc-
tive 2001/83/EC of
the
Council of 6 November 2001 on the Community code relating
to medicinal products for human use (OJ 2001 L 311, p. 67)
— the Court of First Instance (Fourth Chamber), composed of:
H. Legal, President, V. Tilli and M. Vilaras, Judges; H. Jung,
Registrar, has made an order on 2 June 2004, the operative
part of which is as follows:

the European Parliament and of

established in Bremen (Germany), Hauptverban der Deutschen
Bauindustrie eV, established in Berlin (Germany), represented
by H.-P. Schneider,
lawyer, against Commission of the Euro-
pean Communities (Agents: K. Wiedner, assisted by A. Böhlke,
lawyer, with an address for service in Luxembourg) — applica-
tion for annulment of Article 1 of, and Table 1 of the Annex
to, Commission Decision 2003/312/EC of 9 April 2003 on the
publication of the reference of standards relating to thermal
insulation products, geotextiles, fixed fire-fighting equipment
and gypsum blocks in accordance with Council Directive
89/106/EEC (OJ 2003 L 114, p. 50), — the Court of First
Instance (Third Chamber), composed of J. Azizi, (President), M.
Jaeger and F. Dehousse, Judges; H. Jung, Registrar, has made an
order on 25 May 2004, the operative part of which is as
follows:

1. The action is dismissed as inadmissible;

2. The applicants shall bear their own costs and those incurred by the
defendant, including those relating to the interlocutory proceedings
in Case T-264/03 R.

(1) OJ C 239, 4.10.2003.

Action brought on 25 May 2004 by Ryanair Limited
against the Commission of the European Communities

1. The application is dismissed as inadmissible.

2. The applicant shall pay the costs.

(1) OJ C 171 of 19.7.2003.

(Case T-196/04)

(2004/C 228/97)

(Language of the case: English)

ORDER OF THE COURT OF FIRST INSTANCE

of 25 May 2004

in Case T-264/03: Jürgen Schmoldt and Others v Commis-
sion of the European Communities (1)

(Action for annulment — Procedural time-limit — Natural
or legal persons — Acts of individual concern to them —
Decision — Thermal insulation standards — Inadmissibility)

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 25 May 2004 by Ryanair Limited,
Dublin,
Ireland, represented by Mr D. Gleeson and Mr A.
Collins Barristers and Dr V. Power, Solicitor.

The applicant claims that the Court should:

(2004/C 228/96)

(Language of the case: German)

— Annul the decision of 12 February 2004 concerning the
advantages authorised by the Walloon Region and Brussels
South Charleroi Airport to the airline Ryanair at the time of
its installation at Charleroi.

In Case T-264/03:
Jürgen Schmoldt, residing in Dallgow-
Döberitz (Germany), Kaefer Isoliertechnik GmbH & Co. KG,

— Order the Commission to pay the costs of these proceed-

ings.

11.9.2004

EN

Official Journal of the European Union

C 228/43

Pleas in law and main arguments:

The applicant company is an airline which specialises in low
fares flights. On the occasion of the establishment by the appli-
cant of a base at Brussels South Charleroi Airport the Walloon
Region of Belgium implemented a number of aid measures in
favour of the applicant. By the contested decision the Commis-
sion found that a part of these measures, namely a reduction in
airport landing charges as well as discounts on ground handling
services, constituted state aid incompatible with the common
market within the meaning of Article 87 EC. The same decision
declared a number of other aid measures granted by the airport
to the applicant compatible with the common market subject
to several conditions.

In support of its application for the annulment of this decision,
the applicant submits that
the duty to give reasons under
Article 253 EC was infringed. In particular the applicant claims
that the contested decision fails to provide reasons for treating
the Walloon Region and the airport as independent entities,
even though the region owns and controls the airport. Further,
the applicant claims that no reasons are given for treating the
region as a legislator/regulator and not as an airport owner,
and that the Commission failed to consider evidence of the
behaviour of other airports and failed to assess the airport's
business plan in a correct manner.

The applicant also considers that there has been a misapplica-
tion of Article 87 EC because not all elements of the first para-
graph of that article were satisfied; the agreement does not
amount to State aid when viewed objectively; and the Commis-
sion failed to analyse the situation from the perspective of both
the alleged benefactor and beneficiary.

Action brought on 21 June 2004 by Monique Negenman
against Commission of the European Communities

(Case T-255/04)

(2004/C 228/98)

(Language of the case: French)

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 21 June 2004 by Monique
Negenman, residing in Roosendaal (Netherlands), represented
by L. Vogel, lawyer.

The applicant claims that the Court should:

— annul the decision adopted by the appointing authority on
8 March 2004 (and notified on 11 March 2004) rejecting
the applicant's complaint of 25 November 2003 against the
administrative decisions of 23 October and 30 October
2004 fixing the dates of the beginning and end of the appli-
cant's maternity leave;

— order the defendant to pay compensation of EUR 10 000,
with the express reservation that this amount may subse-

quently be increased, reduced or subject to further clarifica-
tion;

— order the defendant to pay the costs of the proceedings.

Pleas in law and main arguments

The applicant in the present case maintains that the appointing
authority incorrectly calculated the dates of the beginning and
the end of her maternity leave.

In support of her claims, she alleges that there has been a
breach of Article 58 of the Staff Regulations (as worded before
1 May 2004) and of the principle of legitimate expectations,
laid down in particular in Article 35 of the Staff Regulations, in
that the appointing authority fixed the dates of the beginning
and the end of her maternity leave on the basis of the actual
date of her confinement, whereas under Article 58 of the Staff
Regulations maternity leave starts six weeks before the expected
date of confinement as shown in a certificated produced by the
official concerned.

Removal from the Register of Case T-306/99 (1)

(2004/C 228/99)

(Language of the case: Dutch)

the President of

By order of 11 May 2004,
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-306/99, Oliecentrum Nederland B.V.,
supported by the Kingdom of the Netherlands v Commission
of the European Communities.

(1) OJ C 63, 4.3.2000.

Removal from the Register of Case T-307/99 (1)

(2004/C 228/100)

(Language of the case: Dutch)

the President of

By order of 11 May 2004,
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-307/99, Oliecentrum Strijbos B.V.,
supported by the Kingdom of the Netherlands v Commission
of the European Communities.

(1) OJ C 63, 4.3.2000.