Order of the Court of First Instance of 10 March 2005 in Case T-288/00 Gardena Hotels Srl and Others v Commission of the European Communities (State aid — Commission decision declaring incompatible with the common market unlawful aid schemes and requiring repayment of incompatible aid — National procedure for repayment precluded — Action for annulment — No legal interest in bringing proceedings — Inadmissibility)
Date: 2005-06-25
Institutions: Court of First Instance
Subjects: European Commission, Italy, State aid, action for annulment (EU), social-security contribution, tariff reduction, type of business

C 155/20

EN

Official Journal of the European Union

25.6.2005

1. The action is dismissed in part as inadmissible in so far as it was

2. Gardena Hotels Srl shall bear its own costs.

brought by Mingardi Srl and Marsilio Editori SpA.

2. Mingardi Srl and Marsilio Editori SpA shall bear their own costs.

3. The Commission shall bear the costs it has incurred to date in
connection with the action in so far as it was brought by Mingardi
Srl and Marsilio Editori SpA.

4. The Italian Republic shall bear the costs it has incurred in connec-
tion with the action in so far as it was brought by Mingardi Srl
and Marsilio Editori SpA.

3. The Comitato Venezia Vuole Vivere shall bear its own costs and
the Commission's costs incurred to date in connection with the
action in so far as it was brought by the Comitato Venezia Vuole
Vivere.

4. The Commission shall bear the costs it has incurred to date in
connection with the action in so far as it was brought by Gardena
Hotels Srl.

5. The remainder of the costs are reserved.

(1) OJ C 355 of 9.12.2000.

5. The remainder of the costs are reserved.

(1) OJ C 372 of 23.12.2000.

ORDER OF THE COURT OF FIRST INSTANCE

ORDER OF THE COURT OF FIRST INSTANCE

of 10 March 2005

of 10 March 2005

in Case T-288/00 Gardena Hotels Srl and Others v
Commission of the European Communities (1)

(State aid — Commission decision declaring incompatible
with the common market unlawful aid schemes and requiring
repayment of incompatible aid — National procedure for
repayment precluded — Action for annulment — No legal
interest in bringing proceedings — Inadmissibility)

in Case T-184/01 IMS Health, Inc. v Commission of the
European Communities (1)

(Action for annulment — Suspension of application then
withdrawal of the contested decision in the course of the
proceedings — No need to give a decision)

(2005/C 155/39)

(2005/C 155/40)

(Language of the case: Italian)

(Language of the case: English)

In Case T-288/00: Gardena Hotels Srl, Principessa Srl and
Comitato Venezia Vuole Vivere, established in Venice (Italy),
represented by A. Bianchini, lawyer, with an address for service
in Luxembourg, against Commission of the European Commu-
nities (Agent: V. Di Bucci and A. Dal Ferro, lawyer, with an
address for service in Luxembourg) — action for annulment of
Commission Decision 2000/394/EC of 25 November 1999 on
aid to firms in Venice and Chioggia by way of relief from social
security contributions under Laws Nos 30/1997 and 206/1995
(OJ 2000 L 150, p. 50) — the Court of First Instance (Second
J. Pirrung,
Chamber, Extended Composition), composed of
President, A.W.H. Meij, N.J. Forwood, I. Pelikánová, S. Papa-
savvas, Judges; H. Jung, Registrar, made an order on 10 March
2005, the operative part of which is as follows:

1. The action is dismissed in part as inadmissible in so far as it was
brought by Gardena Hotels Srl and the Comitato Venezia Vuole
Vivere .

In Case T-184/01: IMS Health,
Inc., established in Fairfield,
Connecticut (United States), represented by N. Levy, J. Temple-
Lang, Solicitors, and R. O'Donoghue, Barrister, against
the
Commission of the European Communities (Agents: initially by
A. Whelan, É. Gippini Fournier and F. Siredey-Garnier, and
subsequently by A. Whelan, acting as Agents, with an address
for service in Luxembourg, supported by NDC Health Corp.,
formerly National Data Corp., established in Atlanta, Georgia
(United States), (represented initially by I. Forrester QC, F. Fine,
Solicitor, C. Price and A. Gagliardi, lawyers, and subsequently
by C. Price, J. Bourgeois, lawyers, and F. Fine, and lastly by F.
Fine), and NDC Health GmbH & Co. KG, established in Bad
Camberg (Germany), (represented initially by I. Forrester QC, F.
Fine and M. Powell, Solicitors, C. Price and A. Gagliardi,
lawyers, and subsequently by F. Fine, C. Price and J. Bourgeois,
lawyers, and lastly by F. Fine), and by AzyX Deutschland
GmbH Geopharma Information Services, established in