Case T-285/03: Judgment of the Court of First Instance of 26 November 2008 — Agraz and Others v Commission (Non-contractual liability — Agriculture — Common organisation of the markets in processed fruit and vegetable products — Production aid for processed tomato products — Method of calculating the amount — 2000/2001 marketing year — Determination of the loss)
Date: 2008-11-26
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), common organisation of markets, farming sector, food processing, pip fruit

24.1.2009

EN

Official Journal of the European Union

C 19/23

COURT OF FIRST INSTANCE

Judgment of the Court of First Instance of 28 November
2008 — Hotel Cipriani and Others v Commission

Operative part of the judgment

(Joined Cases T-254/00, T-270/00 and T-277/00) (1)

(State aid — Relief from social security contributions for
firms in Venice and Chioggia — Decision declaring the aid
scheme incompatible with the common market and requiring
recovery of the aid paid out — Admissibility — Individual
concern — Conditions concerning effect on trade between
Member States and competition — Derogations under
Article 87(3)(b)
to (e) EC and Article 87(2)(b) EC —
Categorisation as new aid or as existing aid — Principles of
legal certainty, protection of legitimate expectations, equal
treatment and proportionality — Duty to state reasons)

The Court:

1. Dismisses the applications;

2. Orders Hotel Cipriani SpA, Società italiana per

il gas SpA
(Italgas), Coopservice — Servizi di fiducia Soc. coop. rl and the
Comitato ‘Venezia vuole vivere’ to bear their own costs and to pay
those of the Commission, and orders Coopservice and the Comitato
‘Venezia vuole vivere’ also to bear the costs of the interlocutory
proceedings.

(1) OJ C 355, 9.12.2000.

(2009/C 19/41)

Language of the case: Italian

Judgment of the Court of First Instance of 26 November
2008 — Agraz and Others v Commission

Parties

(Case T-285/03) (1)

Applicant in Case T-254/00: Hotel Cipriani SpA (Venice, Italy)
(represented by: initially M. Marinoni, G.M. Roberti and F. Sciau-
done, and later G.M. Roberti, F. Sciaudone and A. Bianchini,
lawyers)

(Non-contractual liability — Agriculture — Common organi-
sation of the markets in processed fruit and vegetable products
— Production aid for processed tomato products — Method of
calculating the amount — 2000/2001 marketing year —
Determination of the loss)

Applicant
in Case T-270/00: Società italiana per il gas SpA
(Italgas) (Turin, Italy) (represented by: M. Merola, C. Tesauro, M.
Pappalardo and T. Ubaldi, lawyers)

Applicants in Case T-277/00: Coopservice — Servizi di fiducia
Soc. coop. rl
Italy); and Comitato ‘Venezia vuole
vivere’ (Venice) (represented by: A. Bianchini and A. Vianello,
lawyers)

(Cavriago,

Parties

(2009/C 19/42)

Language of the case: French

Defendant: Commission of the European Communities (repre-
sented by: V. Di Bucci, Agent, assisted by A. Dal Ferro, lawyer)

Applicants: Agraz, SA (Madrid, Spain) and the 86 applicants
listed in Annexes I and II to the judgment (represented by: J.L.
da Cruz Vilaça, D. Choussy and S. Estima Martins)

Italian
Intervener in support of
Republic
and later
I. Braguglia, Agents, and by P. Gentili and S. Fiorentino, lawyers)

the applicant in Case T-270/00:
initially U. Leanza,

(represented by:

Defendant: Commission of the European Communities (repre-
sented by: M. Nolin, Agent)

Re:

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)

Re:

production aid

Action for damages for the loss allegedly suffered by the appli-
cants as the result of the method used to calculate the amount
under Commission Regulation (EC)
of
No 1519/2000 of 12 July 2000 setting for the 2000/2001
marketing year the minimum price and the amount of produc-
tion aid for processed tomato products (OJ 2003 L 174, p. 29).

C 19/24

EN

Official Journal of the European Union

24.1.2009

Operative part of the judgment

Re:

The Court:

1. Orders the Commission to pay to Agraz, Sa and the 86 other
companies listed in Annexes I and II damages equivalent to an
increase of 15.54 % in the amount of production aid which they
received for the 2000/2001 marketing year, as set by Annex II to
Regulation No 1519/2000.

2. Orders those damages to be reassessed using compensatory interest
as from the time of actual payment of the aid to each applicant up
to the date of delivery of the present judgment, at the rate fixed by
the ECB for principal refinancing operations, plus two points, in
respect of the applicants listed in Annex I, and at the rate of
annual inflation determined for the period in question by Eurostat
in the Member State where they are established, in respect of the
applicants listed in Annex II.

3. Orders that the damages, as reassessed, be accompanied by default
interest, as from the date of delivery of the present judgment until
complete payment, at the rate set by the ECB for principal refinan-
cing operations, plus two points.

(1) OJ C 251, 18.10.2003.

Judgment of the Court of First Instance of 2 December
2008 — Karatzoglou v EAR

(Case T-471/04) (1)

(Staff cases — Temporary staff — Referral back to the Court
of First Instance after setting aside — Termination of contract
— Obligation to state the reasons on which the decision is
sound
based — Misuse

of powers — Principle

of

administration)

(2009/C 19/43)

the EAR of
Application for annulment of
26 February 2004 to terminate the applicant's contract of
employment

the decision of

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Georgios Karatzoglou and the European Agency for
Reconstruction (EAR) each to bear their own costs incurred before
the Court of Justice and the Court of First Instance.

(1) OJ C 57, 5.3.2005.

Judgment of the Court of First Instance of 2 December
2008 — Nuova Agricast and Cofra v Commission

(Case T-362/05 and T-363/05) (1)

(Non-contractual liability of the Community — Aid scheme
provided for under Italian legislation — Scheme declared
compatible with the common market — Transitional measure
— Certain undertakings excluded — Principle of protection of
legitimate expectations — Sufficiently serious breach of a rule
of law conferring rights on individuals — None)

(2009/C 19/44)

Language of the case: Italian

Parties

Applicant: Nuova Agricast Srl
(Barletta, Italy) (represented by: M.A. Calabrese, lawyer)

(Cerignola, Italy) and Cofra Srl

Language of the case: English

Defendant: Commission of the European Communities (repre-
sented by: V. Di Bucci and E. Righini, Agents)

Parties

Applicant: Georgios Karatzoglou (Préveza, Greece) (represented
by: S. Pappas, lawyer)

Defendant: European Agency for Reconstruction (EAR) (repre-
sented by: S. Orlandi and J.-N. Louis, lawyers)

Re:

Action for damages for the loss allegedly suffered by the appli-
cants as a result of the adoption by the Commission of the
Decision of 12 July 2000 declaring compatible with the
common market an aid scheme for investment in the less-
Italy (State aid No 715/1999 — Italy
favoured regions of
(SG 2000 D/105754)) and as a result of the Commission's
conduct during the procedure which preceded the adoption of
that decision.