Case T-255/04: Judgment of the Court of First Instance of 10 May 2007 — Negenman v Commission (Civil service — Officials — Maternity leave — Sickness leave — Probable date of confinement — Date of beginning of maternity leave)
Date: 2007-06-23
Institutions: Court of First Instance
Subjects: European Commission, European official, action for annulment (EU), maternity leave, regulations for civil servants

23.6.2007

EN

Official Journal of the European Union

C 140/19

COURT OF FIRST INSTANCE

Judgment of the Court of First Instance of 3 May 2007 —
Freistaat Sachsen v Commission

Judgment of the Court of First Instance (Fifth Chamber) of
3 May 2007 — Kingdom of Spain v Commission of the
European Communities

(Case T-357/02) (1)

(State aid — Aid granted by the authorities of the Free State
of Saxony — Aid scheme for small and medium-sized enter-
prises — Accelerated clearance procedure — Application
ratione temporis of the Community guidelines and of the
exempting regulation concerning aid to small and medium-
sized enterprises — Aid scheme notified before the entry into
force of the exempting regulation — Legitimate expectations
— Legal certainty — Complete notification)

(Case T-219/04) (1)

(Fisheries — Adjustment of the capacity of Member States'
fishing fleets — Entry/exit scheme — Committee for fisheries
and aquaculture — Rules on the use of languages)

(2007/C 140/30)

Language of the case: Spanish

(2007/C 140/29)

Parties

Language of the case: German

Applicant: Kingdom of Spain (represented by: N. Díaz Abad,
acting as Agent)

Defendant: Commission of the European Communities (repre-
sented by: T. van Rijn and S. Pardo Quintillán, Agents)

Parties

Applicant: Freistaat Sachsen (Germany)
Lübbig, lawyer)

(represented by: T.

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

Re:

Application for annulment of Commission Regulation (EC)
No. 1439/2003 of 12 August 2003 laying down implementing
rules on the Community Fleet Policy as defined in Chapter III of
Council Regulation No. 2371/2002

Re:

Action for annulment of the second paragraph of Article 2 and
of Articles 3 and 4 of Commission Decision 2003/226/EC of
24 September 2002 on an aid scheme which the Federal
Republic of Germany is planning to implement — ‘Guidelines
on assistance for SMEs — Improving business efficiency in
Saxony’: Subprogrammes 1 (Coaching), 4 (Participation in fairs),
5 (Cooperation) and 7 (Design promotion) (OJ 2003 L 91, p.
13),

Operative part of the judgment

The Court:

1. Annuls the second paragraph of Article 2 and Articles 3 and 4 of
Commission Decision 2003/226/EC of 24 September 2002 on
an aid scheme which the Federal Republic of Germany is planning
to implement — ‘Guidelines on assistance for SMEs — Improving
business efficiency in Saxony’: Subprogrammes 1 (Coaching), 4
(Participation in fairs), 5 (Cooperation) and 7 (Design promotion);

2. Orders the Commission of the European Communities to pay the

costs.

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders the Kingdom of Spain to pay the costs.

(1) OJ C 10.01.2004, (formerly Case C‑464/03)

Judgment of the Court of First Instance of 10 May 2007 —
Negenman v Commission

(Case T-255/04) (1)

(Civil service — Officials — Maternity leave — Sickness
leave — Probable date of confinement — Date of beginning
of maternity leave)

(2007/C 140/31)

Language of the case: French

(1) OJ C 31, 8.2.2003.

Parties

Applicant: Monique Negenman (Roosendaal, The Netherlands)
(represented by: L. Vogel, lawyer)

C 140/20

EN

Official Journal of the European Union

23.6.2007

Defendant: Commission of the European Communities (repre-
sented by:
then H. Tserepa-Lacombe,
initially D. Waelbrock,
Agents, the latter assisted by N. Rampal, lawyer)

Judgment of the Court of First Instance of 8 May 2007 —
Citymo v Commission

Re:

(Case T-271/04) (1)

Application for, first, annulment of the Commission's decision
fixing the dates of the beginning and end of the applicant's
maternity leave in accordance with Article 58 of the Staff Regu-
lations of Officials of the European Communities and, second,
damages.

(Contractual liability — Arbitration clause — Lease contract
— Inadmissibility — Non-contractual liability — Pre-contract
negotiations — Plea of illegality — Legitimate expectation —
Good faith — Abuse of rights — Material loss — Lost oppor-
tunity)

Operative part of the judgment

The Court:

1. Annuls the Commission's decision of 23 October 2003 fixing the
dates of the beginning and end of the applicant's maternity leave;

2. Dismisses the remainder of the application;

3. Orders the Commission to pay the costs.

Parties

(2007/C 140/33)

Language of the case: French

(1) OJ C 228 of 11.9.2004.

Applicant: Citymo SA (Brussels, Belgium) (represented by: P. Van
Ommeslaghe, I. Heenen and P.-M. Louis, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: L. Parpala and E. Manhaeve, acting as Agents, and D.
Philippe and M. Gouden, lawyers)

Judgment of the Court of First Instance (Fifth Chamber) of
3 May 2007 — Crespinet v Commission

(Case T-261/04) (1)

Re:

(Officials — Promotion — Promotion year 2003 — Award of
promotion points)

(2007/C 140/32)

Language of the case: French

Parties

Applicant: Alain Crespinet (Rosières, Belgium) (represented by: S.
Orlandi, A. Coolen, J.-N. Louis and É. Marchal, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: H. Tserepa-Lacombe and C. Berardis-Kayser, acting as
Agents)

Re:

Application for the annulment of the decision of the Commis-
sion by which promotion points were awarded to the applicant
for the promotion year 2003 and the decision not to enter the
applicant's name on the list of officials promoted to grade A5
for that promotion year.

Principally, an action in contractual liability based on an arbitra-
tion clause seeking an order that the Commission pay to the
its repudiation of a lease
applicant company damages for
contract allegedly concluded between it and the European Com-
munity, represented by the Commission, and, in the alternative,
an action in non-contractual liability seeking compensation for
the loss allegedly suffered by the applicant
following the
Commission's decision to halt pre-contractual negotiations
relating to conclusion of that lease contract.

Operative part of the judgment

The Court:

1. The Commission shall be ordered to pay to the applicant the sum
of EUR 20 000 together with late payment interest thereon to run
from the date of delivery of this judgment to the date of actual
payment at an annual rate equal to the rate fixed by the European
increased by 2
Central Bank for main refinancing operations,
points, provided that it does not exceed a rate of 6 %;

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders that each party is to bear its own costs.

(1) OJ C 273, 6.11.2004

2. The remainder of the action is dismissed;

3. Each party shall bear its own costs.

(1) OJ C 262, 23.10.2004.