Judgment of the Court of First Instance of 23 November 2004 in Case T-166/98: Cantina sociale di Dolianova Soc. coop. rl and Others v Commission of the European Communities (Common organisation of the market in wine — Regulation (EEC) No 2499/82 — Community aid — Action for annulment — Action for declaration of failure to act — Action for compensation)
Date: 2005-02-05
Institutions: Court of First Instance
Subjects: Italy, action for annulment (EU), aid system, cooperative, distillation, production aid, viticulture

C 31/18

EN

Official Journal of the European Union

5.2.2005

COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

Community aid provided for in that regulation to the producers
concerned;

of 23 November 2004

in Case T-166/98: Cantina sociale di Dolianova Soc. coop.
rl and Others v Commission of the European Commu-
nities (1)

2. Orders the parties to notify the Court, within four months of
delivery of this judgment, of the amount of compensation fixed by
mutual agreement;

3. In the event that no agreement is reached, orders the parties to
inform the Court, within the same period, of the figures they
propose.

(Common organisation of the market in wine — Regulation
(EEC) No 2499/82 — Community aid — Action for annul-
ment — Action for declaration of failure to act — Action for
compensation)

(1) OJ C 378 of 5.12.1998.

(2005/C 31/35)

(Language of the case: Italian)

JUDGMENT OF THE COURT OF FIRST INSTANCE

In Case T-166/98: Cantina sociale di Dolianova Soc. coop. rl,
established in Dolianova (Italy), Cantina Trexenta Soc. coop. rl,
established in Senorbì
(Italy), Cantina sociale Marmilla –
Unione viticoltori associati Soc. coop. rl, established in Sanluri
(Italy), Cantina sociale S. Maria La Palma Soc. coop. rl, estab-
lished in Santa Maria La Palma (Italy), Cantina sociale del
Vermentino Soc. coop. rl Monti-Sassari, established in Monti
(Italy), represented by C. Dore and G. Dore, lawyers, with an
address for service in Luxembourg, against the Commission of
(Agents:
the European Communities
initially, F. Ruggeri
Laderchi and A. Alves Vieira,
then A. Alves Vieira and L.
Visaggio, with an address for service in Luxembourg) – action
under Article 173 of the EC Treaty (now, after amendment,
Article 230 EC) for annulment of the Commission's letter of 31
July 1998 refusing to pay directly to the applicants aid for
preventive distillation for the wine year 1982/1983 or, under
for a
Article 175 of the EC Treaty (now Article 232 EC)
declaration that the Commission unlawfully failed to act or, in
the further alternative, under Article 178 of the EC Treaty (now
Article 253 EC) for compensation for the loss allegedly suffered
by the applicants as a result of the Commission's conduct – the
Court of First
J.
Pirrung, President, A.W.H. Meij and N.J. Forwood, Judges; J.
Palacio Gonzàlez, Principal Administrator,
for the Registrar,
gave a judgment on 23 November 2004, in which it:

Instance (Second Chamber), composed of

1. Orders the Commission to pay compensation for the loss suffered
by the applicants, following the insolvency of Distilleria Agricola
Industriale de Terralba, as a result of the lack of a scheme guaran-
teeing, under the rules laid down in Article 9 of Commission
Regulation (EEC) No 2499/82 laying down provisions concerning
preventive distillation for the 1982/83 wine year, payment of the

of 1 December 2004

in Case T-27/02: Kronofrance SA v Commission of the
European Communities (1)

(State aid — Commission decision not to raise objections —
Action for annulment — Admissibility — Multisectoral
framework on regional aid for large investment projects)

(2005/C 31/36)

(Language of the case: German)

represented by H.-J. Niemeyer

In Case T-27/02: Kronofrance SA, established in Sully-sur-Loire
(France), represented by R. Nierer, lawyer, against Commission
the European Communities (Agents: V. Kreuschitz and
of
J. Flett, with an address for service in Luxembourg), supported
by Glunz AG and OSB Deutschland GmbH, established in
Meppen (Germany),
and
K. Ziegler, lawyers, with an address for service in Luxembourg
– application for annulment of Commission Decision SG
(2001) D of 25 July 2001 not to object to the aid granted by
the German authorities to Glunz AG – the Court of First
Instance (Fourth Chamber, Extended Composition), composed
I. Wiszniewska-
of: H. Legal, President, V. Tiili, M. Vilaras,
Białecka and V. Vadapalas, Judges; J. Plingers, Administrator,
for the Registrar, has given a judgment on 1 December 2004,
in which it: