CELEX: C2002/118/40
Language: en
Date: 2002-05-18 00:00:00
Title: Case T-21/02: Action brought on 25 January 2002 by Giuseppe Atzeni and Others against the Commission of the European Communities

18.5.2002               EN                      Official Journal of the European Communities                                     C 118/25
1.    The applications for interim measures are dismissed.                 —    the aid in question must be regarded as having been in
                                                                                existence ever since 1928. In adopting the contested
2.    The costs are reserved.                                                   decision, the Commission omitted the entire procedure
                                                                                provided for by the first paragraph of Article 88;
                                                                           —    infringement of the Community rules concerning
                                                                                improvements in the efficiency of agricultural structure
                                                                                and of the ‘Community guidelines on State aid for
                                                                                rescuing and restructuring firms in difficulty’.
Action brought on 25 January 2002 by Giuseppe Atzeni
and Others against the Commission of the European
                            Communities                                    The applicants also plead failure to comply with the obligation
                                                                           to provide a statement of reasons.
                           (Case T-21/02)
                                                                           (1) OJ C 56 of 2.3.2002, p. 20.
                          (2002/C 118/40)
                    (Language of the case: Italian)
An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the                 Action brought on 7 February 2002 by Michel Sautelet
European Communities on 25 January 2002 by the applicants                    against the Commission of the European Communities
specified above, represented by Giovanni Dore and Fabio
Ciulli, lawyers.
                                                                                                    (Case T-25/02)
The applicants claim that the Court should:
                                                                                                   (2002/C 118/41)
—     pursuant to Article 230 of the Treaty, declare unlawful,
      and consequently annul in its entirety, Commission                                      (Language of the case: French)
      Decision 612/97, alternatively annul the same in so far
      as it provides for the recovery of the aid granted to the
      applicants by the Italian State, and order the Commission
      to pay the costs.
                                                                           An action against the Commission of the European Communi-
                                                                           ties was brought before the Court of First Instance of the
                                                                           European Communities on 7 February 2002 by Michel
                                                                           Sautelet, residing at Kirchberg (Grand Duchy of Luxembourg),
Pleas in law and main arguments
                                                                           represented by Gilles Bounéou, lawyer, with an address for
                                                                           service in Luxembourg.
This action is directed against the same decision as that
contested in Case T-4/02 Arca Delio eredi and Others v
Commission (1)                                                             The applicant claims that the Court should:
                                                                           —    annul the express decision No 39090 of 6 November
In support of their claims, the applicants plead:                               2001 fixing the compensation for the non-material
                                                                                damage suffered by the applicant in the sum of
—     lack of competence on the part of the defendant,                          1 500euros;
      inasmuch as the competition rules are not in principle
      applicable in the agriculture sector. As regards the
      provisions of Regulation No 26/62, the applicants main-              —    award the applicant the sum of 12 394,68 euros (rep-
      tain that, in the present case, no aid was granted, either                resenting the sum of LUF 500 000) by way of compen-
      for production or for trade in the agricultural sector;                   sation for the non-material damage suffered as a result of
      instead, what was intended was merely the re-establish-                   the lateness in drawing up his staff report for the period
      ment of the necessary liquidity for agricultural undertak-                from 1 July 1997 to 30 June 1999;
      ings facing objective difficulties, as expressly identified by
      the Region of Sardinia. Moreover, that regulation provides           —    annul the express decision No 44024 of 15 November
      that the rules concerning aid are applicable only in                      2001 declaring inadmissible complaint No 497/01 of
      relation to the matters covered by Article 88(1) and the                  31 October 2001, registered by the General Secretariat of
      first sentence of Article 88(3);                                          the Commission on 5 November 2001;