Judgment of the Court of First Instance of 21 October 2004 in Case T-36/99: Lenzing AG v Commission of the European Communities (State aid — Action for annulment — Admissibility — Act of individual concern to the applicant — Article 87(1) EC — Agreements on the rescheduling and repayment of debts — Private creditor test)
Date: 2004-12-18
Institutions: Court of First Instance
Subjects: European Commission, General Court (EU), Spain, State aid, action for annulment (EU), control of State aid, textile industry

C 314/12

EN

Official Journal of the European Union

18.12.2004

COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 21 October 2004

of 5 October 2004

in Case T-36/99: Lenzing AG v Commission of the Euro-
pean Communities (1)

(State aid — Action for annulment — Admissibility — Act
of individual concern to the applicant — Article 87(1) EC —
Agreements on the rescheduling and repayment of debts —
Private creditor test)

in Case T-45/01: Stephen Sanders and Others v Commis-
sion of the European Communities (1)

(Staff employed at the JET Joint Undertaking — Equal treat-
ment — Failure to confer status of temporary servant —
Article 152 EA — Reasonable time — Material damage
sustained)

(2004/C 314/30)

(Language of the case: German)

lawyers, against Commission of

In Case T-36/99: Lenzing AG, established in Lenzing (Austria),
represented initially by H.-J. Niemeyer, then by I. Brinker and
U. Soltész,
the European
Communities (Agents: V. Kreuschitz and D. Triantafyllou,
assisted by M. Núñez-Müller,
lawyer, with an address for
service in Luxembourg), supported by Kingdom of Spain
(Agent: N. Díaz Abad, with an address for service in Luxem-
bourg) — application for partial annulment of Commission
Decision 1999/395/EC of 28 October 1998 on State aid imple-
mented by Spain in favour of Sniace, SA, located in Torrela-
vega, Cantabria (OJ 1999 L 149, p. 40), as amended by
Commission Decision 2001/43/EC of 20 September 2000 (OJ
2001 L 11, p. 46) — the Court of First
Instance (Fifth
Chamber, Extended Composition), composed of R. García-
Valdecasas, President, P. Lindh,
J.D. Cooke, H. Legal and
M.E. Martins Ribeiro, Judges; D. Christensen, Administrator, for
the Registrar, has given a judgment on 21 October 2004, in
which it:

1. Annuls Article 1(1) of Commission Decision 1999/395/EC of
28 October 1998 on State aid implemented by Spain in favour
of Sniace, SA, located in Torrelavega, Cantabria, as amended by
Commission Decision 2001/43/EC of 20 September 2000;

(2004/C 314/31)

(Language of the case: English)

In Case T-45/01: Stephen Sanders, residing in Oxfordshire
(United Kingdom), and the 94 applicants whose names appear
in the annex, represented by P. Roth, QC,
I. Hutton and
A. Howard, Barristers, against Commission of the European
Communities (Agents: J. Currall and L. Escobar Guerrero, with
an address for service in Luxembourg), supported by Council of
the European Union (Agent: initially by J.-P. Hix and A. Pilette,
and subsequently by J.-P. Hix and B. Driessen) — application
for damages for the material loss sustained as a result of the
failure to recruit the applicants as temporary servants of the
Communities during the time they worked at the Joint Euro-
pean Torus (JET)
Joint Undertaking — the Court of First
Instance (First Chamber), composed of B. Vesterdorf, President,
M. Jaeger and H. Legal, Judges; J. Plingers, Administrator, for
the Registrar, has given a judgment on 5 October 2004, in
which it:

1. Orders the Commission to pay damages for the financial

loss
sustained by each of the applicants as a result of the fact that they
were not recruited as temporary servants of
the Communities
during the time they worked at the Joint European Torus (JET)
Joint Undertaking;

2. Orders the parties to produce to the Court of First Instance within
six months of this judgment an agreement on the quantum of
damages due in reparation of the said loss;

2. Orders the Commission to bear its own costs and to pay those

incurred by the applicant;

3. In the absence of agreement orders the parties to put before the
Court of First Instance within the same period their submissions
on the quantum of damages;

3. Orders the Kingdom of Spain to bear its own costs.

4. Reserves the costs.

(1) OJ C 160 of 5.6.1999.

(1) OJ C 134 of 5.5.2001.