Order of the Court of First Instance of 27 May 2004 in Case T- 358/02: Deutsche Post AG and DHL International Srl v Commission of the European Communities (State aid — Approval by the Commission of aid granted by the Italian authorities to Poste Italiane — Action for annulment brought by competitors — Inadmissibility)
Date: 2004-09-11
Institutions: Court of First Instance
Subjects: European Commission, General Court (EU), State aid, action for annulment (EU), postal service, restriction on competition

C 228/40

EN

Official Journal of the European Union

11.9.2004

ORDER OF THE COURT OF FIRST INSTANCE

ORDER OF THE COURT OF FIRST INSTANCE

of 7 June 2004

in Case T-333/02: Gestoras Pro-Amnistía and Others v
Council of the European Union (1)

(Action for damages — Justice and home affairs — Common
position of the Council — Measures concerning persons,
groups and entities involved in terrorist acts — Manifest lack
of jurisdiction — Action manifestly unfounded)

(2004/C 228/90)

(Language of the case: French)

Juan Mari Olano
In Case T-333/02, Gestoras Pro-Amnistía,
Olano, residing in Gradignan (France), Julen Zelarain Errasti,
residing in Madrid (Spain), represented by D. Rouget, lawyer, v
Council of the European Union (Agents: M. Vitsentzatos et M.
Bauer), supported by the Kingdom of Spain, represented by its
Agent, with an address for service in Luxembourg, and by the
United Kingdom of Great Britain and Northern Ireland (Agents:
initially P. Ormond, subsequently C. Jackson, with an address
for service in Luxembourg) — application for damages as
compensation for damage allegedly suffered by the applicants
as a result of the inclusion of Gestoras Pro-Amnistía in the list
of persons, groups and entities involved in terrorist acts
provided for in Article 1 of the Council Common Position of
27 December 2001 on the application of specific measures to
combat terrorism (OJ 2001 L 344, p. 93), of the Council
Common Position of 2 May 2002 updating Common Position
2001/931/CFSP (OJ 2002 L 116, p. 75), and of the Council
Common Position of 17 June 2002 updating Common Position
2001/931/CFSP
Position
repealing
2002/340/CFSP (OJ 2002 L 160, p. 32) — the Court of First
Instance (Second Chamber), composed of J. Pirrung, President,
A.W.H. Meij and N. J. Forwood, Judges; H. Jung, Registrar, has
made an Order on 7 June 2004, the operative part of which is
as follows:

Common

and

1) The action is dismissed.

2) Each party shall bear its own costs.

(1) OJ C 19 of 25.1.2003.

of 27 May 2004

in Case T- 358/02: Deutsche Post AG and DHL Interna-
tional Srl v Commission of the European Communities (1)

(State aid — Approval by the Commission of aid granted by
the Italian authorities to Poste Italiane — Action for annul-
ment brought by competitors — Inadmissibility)

(2004/C 228/91)

(Language of the case: German)

In Case T- 358/02: Deutsche Post AG, established in Bonn
(Germany), DHL International Srl., established in Rozzano
(Italy), represented by J. Sedemund and T. Lübbig,
lawyers,
against Commission of the European Communities (Agents: V.
Di Bucci, J. Flett and V. Kreuschitz), supported by the Italian
Republic (Agents: initially U. Leanza, subsequently I. Braguglia,
with an address for service in Luxembourg) and by Poste
Italiane SpA, established in Rome (Italy), represented by B.
O'Connor, Solicitor, and A. Fratini, lawyer — action for annul-
ment of Commission Decision 2002/782/EC of 12 March
2002 on the aid granted by Italy to Poste Italiane SpA
(formerly Ente Poste Italiane) (OJ 2002 L 282, p. 29) — the
Court of First Instance (Second Chamber, Extended Composi-
tion), composed of J. Pirrung, President, V. Tiili, A.W.H. Meij,
M. Vilaras and N.J. Forwood, Judges; H. Jung, Registrar, has
made an order on 27 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 pay those incurred
Italiane SpA. The Italian

by the Commission and by Post
Republic shall bear its own costs.

(1) OJ C 44, 22.2.2003.

ORDER OF THE COURT OF FIRST INSTANCE

of 2 July 2004

in Case T-9/03, Federazione Regionale Coltivatori Diretti
della Sardegna and CIA v Commission of the European
Communities (1)

(State aid — Action for annulment and compensation —
Decision finding an aid scheme incompatible with the
common market — Actions brought by representatives of
potential beneficiaries of that scheme — Inadmissibility)

(2004/C 228/92)

(Language of the case: Italian)

In Case T-9/03, COLDIRETTI — Federazione Regionale Coltiva-
(Italy) —
tori Diretti della Sardegna, established in Cagliari