Case T-372/04: Action brought on 15 September 2004 by Coopérative d'Exportation du Livre Français against the Commission of the European Communities
Date: 2004-12-04
Institutions: Court of First Instance
Subjects: European Commission, France, State aid, action for annulment (EU), book trade, control of State aid, cultural promotion, export, services of general interest

4.12.2004

EN

Official Journal of the European Union

C 300/45

— annul any decision which may be taken during the proceed-

ings;

language books, implemented by France between 1980 and
2001, as State aid within Article 87(1) EC;

— order the defendant to pay the compensation for 30 days
of annual leave not used up or paid, pursuant to the second
paragraph of Article 4 of Annex V to the Staff Regulations
of Officials, together with interest at 5.25 % from the date
of this action;

— order payment of damages for non-material damage and
detriment
to his career, assessed ex æquo et bono at €
12 500, subject to any increase or reduction during the
course of the proceedings;

— order the defendant to pay the costs.

Pleas in law and main arguments:

The applicant challenges the decision not to allow him to carry
over his days of leave to 2004. In support of his application,
he pleads infringement of Articles 24 and 57 of the Staff Regu-
lations, infringement of Article 4 of Annex V to the Staff Regu-
lations laying down the detailed rules for the granting of leave
and disregard of the principles of proper administration, equal
treatment and protection of
legitimate expectations, and a
manifest error of assessment.

Action brought on 15 September 2004 by Coopérative
d'Exportation du Livre Français against the Commission of
the European Communities

(Case T-372/04)

(2004/C 300/88)

(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 15 September 2004 by the
Coopérative d'Exportation du Livre Français, established in
Paris, represented by Olivier Schmitt, lawyer.

The applicant claims that the Court should:

— annul the decision of the Commission of the European
Communities No C (2004) 1361 final of 20 April 2004
concerning aid implemented by France in favour of
Coopérative d'Exportation du Livre Français (CELF) in so far
as the first sentence of Article 1 thereof categorises the aid
benefiting CELF for handling small orders of French-

— order the Commission of the European Communities to

pay EUR 5 000.00 in respect of costs.

Pleas in law and main arguments

The applicant's business is directly handling orders from abroad
for books, brochures and all communications media and, more
generally, carrying out any transactions for the purpose of
furthering the promotion of French culture throughout the
world. The applicant states that in carrying out that general-
interest activity, it has benefited from various subsidies paid by
the French State. The subsidy at issue in these proceedings is
an operating subsidy granted to the applicant for the purpose
of offsetting the extra costs involved in handling small orders
from booksellers abroad.

In support of its action, the applicant argues, first, that the
statement of reasons in the contested decision is inadequate.
Second, the applicant relies on infringements of Article 86(2)
EC and Article 87(1) EC.

The applicant submits that, as an undertaking operating a
service of general economic interest, it was made responsible
for performing clearly defined public-service obligations. Thus,
the sums paid by the State are excluded from the State aid at
which Article 87(1) EC is targeted.

Action brought on 17 September 2004 by Grandits GmbH
and five others against the Commission of the European
Communities

(Case T-375/04)

(2004/C 300/89)

(Language of the case: German)

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 17 September 2004 by Grandits
GmbH, Kirchschlag (Austria), Scheuer-Fleisch GmbH, Unger-
dorf (Austria), Tauernfleisch Vertriebs-GmbH, Flattach (Austria),
Glanegg
Wech-Kärntner
(Austria), Wech-Geflügel GmbH, St. Andrä (Austria) and
Johann Zsifkovics, Vienna (Austria), represented by J. Hofer and
T. Humer, lawyers, with an address for service in Luxembourg.

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