Case T-242/04: Judgment of the Court of First Instance of 1 February 2007 — Commission v IAMA Consulting (Esprit Programme — Community financing — Counterclaim brought pursuant to an arbitration clause — Reimbursement of excessive amounts of aid paid by the Commission)
Date: 2007-03-24
Institutions: Court of First Instance
Subjects: EU financing, EU programme, action for annulment (EU), research and development

24.3.2007

EN

Official Journal of the European Union

C 69/17

COURT OF FIRST INSTANCE

Judgment of the Court of First Instance of 30 January 2007
— France Télécom SA v Commission

Defendant: Commission of the European Communities (repre-
sented by: C. Berardis-Kayser and L. Lozano Palacios, Agents)

(Case T-340/03) (1)

(Competition — Abuse of a dominant position — Market for
services in high-speed internet access — Predatory pricing)

Re:

(2007/C 69/39)

Language of the case: French

Parties

Applicant: France Télécom SA, formerly Wanadoo Interactive SA
(Paris, France) (represented by: O. Brouwer, H. Calvet, M. Pittie,
J. Philippe and T. Janssens, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: S. Rating and É. Gippini Fournier, Agents, and subse-
quently by É. Gippini Fournier)

Re:

Annulment of
the Commission decision of 16 July 2003,
concerning a proceeding under Article [82 EC] (Case COMP/
38.233 — Wanadoo Interactive) or, in the alternative, annul-
ment or reduction of the fine imposed on the applicant.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the applicant to pay the costs.

(1) OJ C 289, 29.11.2003.

Judgment of the Court of First Instance of 31 January 2007
— C v Commission

(Case T-166/04) (1)

(Officials — Enforcement of a judgment of the Court of First
Instance — Action for annulment — No need to adjudicate —
Action for damages — Breach of administrative duty — Loss
of opportunity)

Firstly, application for annulment of the implied decision to
reject the applicant's application for enforcement of the judg-
ment delivered by the Court of First
Instance on [confi-
dential] (2) in Case [confidential] and, in so far as necessary, the
decision to reject the applicant's complaint of 12 February 2004
and, secondly, application for compensation for material and
non-material damage allegedly suffered.

Operative part of the judgment

The Court:

1. Declares that there is no need to adjudicate on the claim for annul-

ment.

2. Orders the Commission to pay the applicant, Mr C, the sum of

EUR 15 000.

3. Orders the Commission to pay the costs.

(1) OJ C 179, 10.7.2004.
(2) Confidential information omitted.

Judgment of the Court of First Instance of 1 February 2007
— Commission v IAMA Consulting

(Case T-242/04) (1)

(Esprit Programme — Community financing — Counterclaim
brought pursuant to an arbitration clause — Reimbursement
of excessive amounts of aid paid by the Commission)

(2007/C 69/41)

Language of the case: Italian

(2007/C 69/40)

Parties

Language of the case: French

Parties

Applicant: Commission of the European Communities (repre-
sented by: E. de March, acting as Agent, and A. Dal Ferro,
lawyer)

Applicant: C (Brussels, Belgium) (represented by: J. Sambon, P.-P.
Van Gehuchten and P. Reyniers, lawyers)

Defendant: IAMA Consulting Srl (Milan, Italy) (represented by:
initially by V. Salvatore, then P. Sorteni, lawyers)

C 69/18

EN

Official Journal of the European Union

24.3.2007

Re:

Ireland (represented initially by R. Caudwell, and subsequently
by E. Jenkinson, Agents)

that
IAMA
Application by the Commission for an order
Consulting Srl reimburse the amount
the Commission
unduly paid to it in the course of the performance of the Regis
22337 contract and the Refiag 23200 contracts, which are
covered by the Community's Esprit Programme.

that

Operative part of the judgment

The Court:

1. Orders IAMA Consulting Srl to pay the Commission the sum of
EUR 31 757 together with default interest of EUR 4,78530 per
day from 16 May 2004 until payment of
the final balance,
relating to the Refiag contract, from which the sums paid to date
by IAMA are to be deducted, and the sum of EUR 164 345,
together with default interest of EUR 24,76432 per day from
16 May 2004 until payment of the final balance, relating to the
Regis contract, from which the payments made by IAMA to date
are to be deducted.

2. Orders IAMA Consulting to bear its own costs and to pay half of

the costs incurred by the Commission.

3. Orders the Commission to bear half of its own costs.

Re:

Originally, annulment of Commission Regulation (EC) No
1149/2004 of 22 June 2004 amending Regulation (EC) No
872/2004 concerning further restrictive measures in relation to
Liberia (OJ 2004 L 222, p. 17), and, subsequently, annulment in
part of Commission Regulation (EC) No 874/2005 of 9 June
2005 amending Regulation No 872/2004 (OJ 2005 L 146,
p. 5).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the applicant to bear, in addition to his own costs, those of

the Commission;

3. Orders the Council and the United Kingdom of Great Britain and

Northern Ireland to bear their own costs.

(1) OJ C 47, 21.2.2004.

(1) OJ C 273, 6.11.2004.

Judgment of the Court of First Instance of 31 January 2007
— Minin v Commission

(Case T-362/04) (1)

(Common foreign and security policy — Restrictive measures
in respect of Liberia — Freezing of funds of persons associated
with Charles Taylor — Competence of the Community —
Fundamental rights — Action for annulment)

(2007/C 69/42)

Language of the case: Italian

Parties

Applicant: Leonid Minin (Tel-Aviv,
Ballarino and C. Bovio, lawyers)

Israel)

(represented by: T.

Defendant: Commission of the European Communities (repre-
sented by: E. Montaguti, L. Visaggio and C. Brown, Agents)

Interveners in support of the defendant: Council of the European
Union (represented initially by S. Marquardt and F. Ruggeri
Laderchi, and subsequently by S. Marquardt and A. Vitro,
Agents); and United Kingdom of Great Britain and Northern

Judgment of the Court of First Instance of 31 January 2007
— Aldershoff v Commission

(Case T-236/05) (1)

(Career development report — 2003 appraisal procedure —
Manifest error of assessment — Failure to state reasons —
Right to be heard)

(2007/C 69/43)

Language of the case: French

Parties

Applicant: Willlem Aldershoff
(represented
by: S. Orlandi, X. Martin, A. Coolen, J.-N. Louis and E. Marchal,
lawyers)

(Brussels, Belgium)

Defendant: Commission of the European Communities (repre-
sented by: C. Berardis-Kayser and M. Velardo, Agents)

Re:

Annulment of the applicant's career development report for the
2003 appraisal procedure.