Case T-351/02: Judgment of the Court of First Instance of  5 April 2006  — Deutsche Bahn v Commission (State aid — Competitor's complaint — Directive 92/81/EEC — Excise duties on mineral oils — Mineral oils used as fuel for the purpose of air navigation — Exemption from duty — Letter from the Commission to a complainant — Action for annulment — Admissibility — Challengeable act — Regulation (EC) No 659/1999 — Concept of aid — Imputability to the State — Equal treatment)
Date: 2006-06-03
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), aviation fuel, fuel tax, infringement of EU law, restriction on competition, tax exemption

3.6.2006

EN

Official Journal of the European Union

C 131/37

COURT OF FIRST INSTANCE

Assignment of Judges to Chambers

Re:

(2006/C 131/67)

At its plenary meeting on 8 May 2006, the Court of First
Instance decided, following the taking up of his duties by Mr
Moavero Milanesi, to amend as follows the decision of the
plenary meeting of 7 July 2005 on the assignment of Judges to
chambers:

Primarily, an application for annulment of Commission Deci-
sion 2003/674/EC of 2 July 2002 relating to a proceeding
pursuant to Article 81 of the EC Treaty and Article 53 of the
EEA Agreement (Case C.37.519 — Methionine) (OJ 2003 L
255, p.1) and, in the alternative, an application for reduction of
the fine imposed on the applicant by this decision.

Operative part of the judgment

For the period from 8 May 2006 to 30 September 2006, the
following are assigned:

The Court:

to the Fourth Chamber (Extended Composition), sitting
with five Judges:

H. Legal, President of the Chamber, P. Lindh, I. Wiszniewska-
Bialecka, V. Vadapalas and M. Milanesi, Judges;

1. Reduces to EUR 91 125 000 the fine imposed on the applicant
by Article 3 of Commission Decision 2003/674/EC of 2 July
2002 relating to a proceeding pursuant to Article 81 of the EC
Treaty and Article 53 of the EEA Agreement (Case C.37.519 —
Methionine);

to the Fourth Chamber, sitting with three Judges:

2. Dismisses the remainder of the application;

H. Legal, President of the Chamber

(a) P. Lindh and V. Vadapalas, Judges

3. Orders the applicant to pay its own costs and 75 % of the costs

incurred by the Commission;

(b) I. Wiszniewska-Bialecka and M. Milanesi, Judges

4. Orders the Commission to pay 25 % of its own costs;

Judgment of the Court of First Instance of 5 April 2006 —
Degussa v Commission

(Case T-279/02) (1)

(Competition — Article 81 EC — Cartels — Methionine
market — Unique and continuous nature of the infringement
— Fine — Guidelines for calculating the amount of fines —
Gravity and duration of the infringement — Cooperation
during the administrative procedure — Article 15(2) of
Regulation No 17/62 — Presumption of innocence)

(2006/C 131/68)

Language of the case: German

5. Orders the Council to pay its own costs.

(1) OJ C 274 of 9.11.2002

Judgment of the Court of First Instance of 5 April 2006 —
Deutsche Bahn v Commission

(Case T-351/02) (1)

(State aid — Competitor's complaint — Directive 92/81/EEC
— Excise duties on mineral oils — Mineral oils used as fuel
for the purpose of air navigation — Exemption from duty —
Letter from the Commission to a complainant — Action for
annulment — Admissibility — Challengeable act — Regu-
lation (EC) No 659/1999 — Concept of aid — Imputability
to the State — Equal treatment)

Parties

Applicant: Degussa AG (Düsseldorf, Germany) (represented by:
R. Bechtold, M. Karl and C. Steinle, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: A. Bouquet and W. Mölls, agents, assisted by H.-J.
Freund, lawyer)

Parties

(2006/C 131/69)

Language of the case: German

Intervener in support of the defendant: Council of the European
Union (represented by: E. Karlsson and S. Marquardt, agents)

Applicant: Deutsche Bahn (Berlin, Germany) (represented by: M.
Schütte, M. Reysen and W. Kirchhoff, then M. Schütte and M.
Reysen, lawyers)

C 131/38

EN

Official Journal of the European Union

3.6.2006

Defendant: Commission of the European Communities (repre-
sented by: V. Kreutschitz and J. Flett, agents)

Operative part of the judgment

Intervener in support of the defendant: Council of the European
Union (represented by: A.-M. Colaert, F. Florindo Gijón and C.
Saile, agents)

Re:

Application for annulment of the Commission's decision of 12
September 2002 rejecting a complaint lodged by the applicant
on 5 July 2002.

The Court:

1. Dismisses the application;

2. Orders the applicant to pay the costs.

(1) OJ C 124 of 24.5.2003

Operative part of the judgment

The Court:

1. Rejects the action;

2. Orders the applicant to pay the costs;

3. Orders the Council to bear its own costs.

(1) OJ 2003 C 31, p. 19.

Judgment of the Court of First Instance of 6 April 2006 —
Camós Grau v Commission

(Case T-309/03) (1)

(Investigation by the European Anti-Fraud Office (OLAF)
concerning the management and funding of the Institute for
Europeon and Latin American Relations (IRELA) — Poten-
tial conflict of interest on the part of an investigator —
Removal from the investigating body — Impact on the
conduct of the investigation and the content of the report of
the investigation — Report terminating the investigation —
Action for annulment — Admissibility — Action for
damages — Admissibility)

Judgment of the Court of First Instance of 6 April 2006 —
Schmitz-Gotha Fahrzeugwerke v Commission

(Case T-17/03) (1)

Parties

(2006/C 131/71)

Language of the case: French

(State aid — Guidelines on State aid for rescuing and
restructuring firms in difficulty — Necessity of the aid)

Applicant: Manel Camós Grau (Brussels, Belgium) (represented
by: M.-A. Lucas, lawyer)

(2006/C 131/70)

Language of the case: German

Defendant: Commission of the European Communities (repre-
sented by: J.-F. Pasquier and C. Ladenburger, Agents)

Parties

Applicant:
Germany) (represented by: M. Matzat, lawyer)

Schmitz-Gotha

Fahrzeugwerke GmbH (Gotha,

Defendant: Commission of the European Communities (repre-
sented by: V. Kreuschitz and V. di Bucci, Agents)

Re:

for

annulment

Commission Decision
Application
2003/194/EC of 30 October 2002 on the State aid imple-
mented by Germany for Schmitz-Gotha Fahrzeugwerke GmbH
(OJ 2003 L 77, p. 41)

of

Re:

Application, first, for the annulment of the report of the Euro-
pean Anti-Fraud Office (OLAF) of 17 October 2002 termi-
nating the investigation concerning the Institute for Europeon
for
and Latin American Relations (IRELA) and, secondly,
compensation for non-material damage and damage to the
applicant's employment prospects claimed to have arisen by
virtue of that report

Operative part of the judgment

The Court:

1. Orders the Commission to pay Mr Camós Grau the sum of

EUR 10 000.