Judgment of the Court of First Instance of 7 July 2004 in Joined Cases T-107/01 and T-175/01: Société des mines de Sacilor — Lormines SA v Commission of the European Communities (ECSC Treaty — Steel — Abandonment of mining concessions — Charges imposed on mining undertakings by the French Republic — Complaint — No favourable response from the Commission — Action for failure to act — Action for annulment — Admissibility — Capacity to bring proceedings — Undertaking within the meaning of Article 80 CS)
Date: 2004-09-25
Institutions: Court of First Instance
Subjects: ECSC Treaty, France, action for annulment (EU), complaint to the Commission, iron and steel industry, mining industry

C 239/14

EN

Official Journal of the European Union

25.9.2004

2. Sets the fine imposed on each of the four applicants by Article 4

3. Orders the Commission to bear its own costs and to pay two-

of Decision 2003/382 at EUR 10,935,000;

thirds of the applicant's costs;

3. Dismisses the remainder of the four applications;

4. Orders the Federal Republic of Germany to bear its own costs.

4. Orders the four applicants and the Commission to bear their own

costs;

(1) OJ C 335 of 25.11.2000.

5. Orders the EFTA Surveillance Authority to bear its own costs.

(1) OJ C 149 of 27.5.2000.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 1 July 2004

in Case T-308/00: Salzgitter AG v Commission of the
European Communities (1)

(State aid — Article 4(c) CS, Articles 67 CS and 95 CS —
Financial intervention in favour of the undertaking Salzgitter
— Border between the former German Democratic Republic
and former Czechoslovak Socialist Republic — Non-notified
aid — Sixth Steel Aid Code — Legal certainty)

(2004/C 239/28)

(Language of the case: German)

In Case T-308/00: Salzgitter AG, established in Salzgitter
(Germany), represented by J. Sedemund and T. Lübbig, lawyers,
with an address for service in Luxembourg, supported by the
Federal Republic of Germany, (Agent: W.-D. Plessing, assisted
by K. Schroeter, lawyer) against the Commission of the Euro-
pean Communities (Agents: K.-D. Borchardt and V. Kreuschitz)
— application for an annulment of Commission Decision
2000/797/ECSC of 28 June 2000 on State aid granted by the
Federal Republic of Germany to Salzgitter AG, Preussag Stahl
AG and the group's steel-industry subsidiaries, now known as
Salzgitter AG – Stahl und Technologie (SAG) (OJ 2000 L 323,
p. 5) — the Court of First Instance (Fourth Chamber, Extended
J. Pirrung, P.
Composition), composed of V. Tiili, President,
Mengozzi, A.W.H. Meij and M. Vilaras,
I.
Natsinas, Administrator, has given a judgment on 1 July 2004,
in which it:

Judges; Registrar:

2

1. Annuls Articles

and

Commission Decision
3
2000/797/ECSC of 28 June 2000 on State aid granted by the
Federal Republic of Germany to Salzgitter AG, Preussag Stahl AG
and the group's
subsidiaries, now known as
Salzgitter AG – Stahl und Technologie (SAG);

steel-industry

of

2. Orders the applicant to bear one-third of its costs;

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 7 July 2004

in Joined Cases T-107/01 and T-175/01: Société des mines
de Sacilor — Lormines SA v Commission of the European
Communities (1)

(ECSC Treaty — Steel — Abandonment of mining conces-
sions — Charges imposed on mining undertakings by the
French Republic — Complaint — No favourable response
from the Commission — Action for failure to act — Action
for annulment — Admissibility — Capacity to bring proceed-
ings — Undertaking within the meaning of Article 80 CS)

(2004/C 239/29)

(Language of the case: French)

In Joined Cases T-107/01 and T-175/01: Société des mines de
Sacilor — Lormines SA, established in Puteaux (France), repre-
sented initially by G. Marty and subsequently by R. Schmitt,
lawyers, against Commission of the European Communities
(Agents: G. Rozet and L. Ström) — application for failure to act
and, in the alternative, for annulment, concerning the Commis-
sion's refusal to uphold the applicant's complaint seeking a
declaration that the French Republic had infringed the provi-
sions of Articles 4(b) and (c) CS and 86 CS by reason of the
imposition on the applicant of allegedly excessive charges in
the context of procedures for the abandonment and renuncia-
tion of its mining concessions — the Court of First Instance
(Fourth Chamber), composed of H. Legal, President, V. Tiili and
M. Vilaras, Judges; J. Palacio González, Principal Administrator,
in
for the Registrar, has given a judgment on 7 July 2004,
which it:

1. Dismisses the actions as inadmissible;

2. Orders the applicant to pay the costs, including those of the proce-

dure for interim measures.

(1) OJ C 227 of 11.8.2001.