CELEX: C1996/354/51
Language: en
Date: 1996-11-23 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 22 October 1996 in Case T-330/94: Salt Union Ltd. v. Commission of the European Communities (State aid - Refusal of the Commission to propose 'appropriate measures' pursuant to Article 93 (1) of the Treaty - Action for annulment - Inadmissible)

23 . 11 . 96          EN                 Official Journal of the European Communities                               No C 354 /25
JUDGMENT OF THE COURT OF FIRST INSTANCE                             ( Denmark ), 0rskov Christensens Staalskibsværft A/S,
                     of 16 October 1996                             established in Frederikshavn ( Denmark ), Aarhus Flydedok
                                                                    A/S , established in Århus ( Denmark ), represented by
in Case T-378/94: Josephus Knijff v. Court of Auditors of           Jan-Erik Svensson , of the Copenhagen Bar, with an address
                the European Communities (')                        for service in Luxembourg at the Chambers of Philippe
(Officials — Members of the temporary staff recruited in            Dupont, 8— 10 Rue Mathias Hardt, supported by the
consultation with the National Audit Institutions —                 Kingdom of Denmark ( Agent : Peter Biering ), against
           Application of the rules on their grading)               Commission of the European Communities ( Agents : Anders
                         ( 96/C 354/49 )                            Christian Jessen and Ben Smulders ), supported by the
                                                                    Federal Republic of Germany ( Agents : Ernst Röder, Bernd
                                                                    Kloke and , at the hearing, Michael Schütte ) and MTW
                (Language of the case: French)                      Schiffswerft GmbH ( formerly Meerestechnik Werft ),
                                                                    established in Wismar ( Germany ), represented by
In Case T-378/94 : Josephus Knijff, formerly a member of            Hans-Jürgen Rabe and Georg M. Berrisch , Rechtsanwälte ,
the temporary staff of the Court of Auditors of the                 Hamburg, with an address for service in Luxembourg at the
European Communities, residing at Assenois ( Belgium ),             Chambers of Francois Turk , 13B Avenue Guillaume —
represented by Jean-Paul Noesen , of the Luxembourg Bar,            application for annulment, in whole or in part, of the
with an address for service in Luxembourg at the latter's           Commission decision of 1 1 May 1 994 on the payment of the
Chambers at 18 , rue des Glacis v. Court of Auditors of the         second tranche of State aid to MTW Schiffswerft GmbH,
European Communities ( Agents : Jean-Marie Sténier, Jan             formerly Meerestechnik Werft — the Court of First Instance
Inghelram and Paolo Giusta ) — application for annulment            (Third Chamber , Extended Composition ), composed of
of the decision of 9 February 1994 refusing to adjust the           C. P. Briët, President, and B. Vesterdorf, P. Lindh , A.
applicant's grading, and of the decision of 29 August 1994          Potocki and J. D. Cooke, Judges; J. Palacio Gonzalez,
rejecting the complaint submitted by the applicant — the            Administrator, for the Registrar, has given a judgment on
Court of First Instance ( Fourth Chamber ), composed of K.          22 October 1996 , in which it:
Lenaerts , President, P. Lindh and J. D. Cooke , Judges; J.
Palacio Gonzalez, Administrator, for the Registrar, gave a
                                                                     1 . dismisses the application;
judgment on 16 October 1996 , the operative part of which
is as follows :
                                                                    2 . orders the applicants to pay the costs ofthe proceedings,
 1 . The application is dismissed.                                       including the costs incurred by the intervener, MTW;
2 . Each of the parties shall bear its own costs.                    3 . orders the Federal Republic of Germany and the
                                                                         Kingdom of Denmark to bear their own costs.
 (') OJ No C 380 , 31 . 12 . 1994 .
                                                                     (!) OJ No C 254 , 10 . 9 . 1994 .
 JUDGMENT OF THE COURT OF FIRST INSTANCE
                      of 22 October 1996
                                                                      JUDGMENT OF THE COURT OF FIRST INSTANCE
 in Case T-266/94 : Foreningen af Jernskibs- og                                          of 22 October 1996
 Maskinbyggerier i Danmark, Skibsværftsforeningen and
                                                                     in Case T-330/94 : Salt Union Ltd . v. Commission of the
    Others v. Commission of the European Communities ( ] )
                                                                                      European Communities (')
 (State aids — Shipbuilding — Exceptional rules —
    Shipyards in the former German Democratic Republic)              (State aid — Refusal of the Commission to propose
                                                                      'appropriate measures ' pursuant to Article 93 (1) of the
                            96/ C 354/50
                                                                          Treaty — Action for annulment — Inadmissible)
                                                                                               ( 96/C 354/51
                (Language of the case: English)
                                                                                   (Language of the case: English)
 In Case T-266/94 : Foreningen af Jernskibs- og
 Maskinbyggerier i Danmark, Skibsværftsforeningen,
 established in Copenhagen, Assens Skibsværft A/S,                   In Case T-330/94 : Salt Union Ltd ., established in Cheshire
 established in Assens ( Denmark ), Burmeister & Wain                ( United Kingdom ), represented by Jonathan Scott and Craig
 Skibsværft A/S , established in Copenhagen, Danyard A/S ,           Pouncey, Solicitors, with an address for service in
 established in Frederikshavn ( Denmark ), Fredericia                Luxembourg at the Chambers of Georges Baden , 8
 Skibsværft A/S , established in Fredericia ( Denmark ),             Boulevard Royal, supported by Verein Deutsche
 Odense Staalskibsværft A/S, established in Odense                    Salzindustrie eV, established in Bonn ( Germany ),
  ( Denmark ), Svendborg Værft A/S, established in Svendborg         represented by Thomas Jestaedt, Rechtsanwalt, Dusseldorf,
 ---pagebreak--- No C 354/26            EN                 Official Journal of the European Communities                                      23 . 11 . 96
and     Walter      Klosterfelde   and    Karsten     Metzlaff,      the Court of First Instance made an order on 28 August
Rechtsanwälte, Hamburg, with an address for service in               1996 , the operative part of which is as follows :
Luxembourg at the Chambers of Philippe Dupont, 8— 10
Rue Mathias Hardt, v. Commission of the European                     1 . The application for interim measures is dismissed.
Communities ( Agents : initially Nicholas Khan and
Jean-Paul Keppenne, then Nicholas Khan and Paul Nemitz ),
                                                                     2.   The costs are reserved.
supported by Frima BV, established in The Hague
( Netherlands ), represented initially by Tom Ottervanger, of
the Rotterdam Bar, and Harold Nyssens, of the Brussels Bar,
and then by Tom Ottervanger only, with an address for
service in Luxembourg at the Chambers of Carlos Zeyen , 67
Rue Ermesinde, application for annulment of the decision
contained in a letter of 5 August 1994 in which the                      ORDER OF THE COURT OF FIRST INSTANCE
Commission stated that it had found no reason to propose                                   of 4 October 1996
' appropriate measures ' pursuant to Article 93 ( 1 ) of the EC
Treaty with regard to the Netherlands regional aid scheme            in Case T-197/95 : Sveriges Betodlares Centralförening and
Subsidieregeling regionale investeringsprojecten 1991 —              Sven Ake Henrikson v. Commission of the European
the Court of First Instance ( Third Chamber, Extended                                        Communities (')
Composition ), composed of C. P. Briët, President, B.                (Common agricultural policy — Sugar beet — Regulation
Vesterdorf, P. Lindh, A. Potocki and J. D. Cooke, Judges, J.         (EC) No 1 734/95 — Specific agricultural conversion rate —
Palacio Gonzalez, Administrator, for the Registrar, has              No conversion rate for Sweden — Action for annulment —:
given a judgment on 22 October 1996 in which it :                                             Inadmissibility)
                                                                                                96/C 354/53 )
1 . dismisses the application as inadmissible;
                                                                                    (Language of the case: English)
2 . orders Salt Union to pay the costs, including those
     incurred by Frima BV;                                           In Case T-197/95 : Sveriges Betodlares Centralförening,
                                                                     having its registered office in Malmö ( Sweden ), and Sven
3 . orders Verein Deutsche Salzindustrie eV to bear its own          Ake Henrikson, residing in Lund ( Sweden), represented by
     costs .                                                         Otfried      Lieberknecht        and      Wolfgang      Kirchhoff,
                                                                     Rechtsanwälte , Düsseldorf, and Michael Schütte ,
                                                                     Rechtsanwalt, Berlin, with an address for service in
(') OJ No C 380 , 31 . 12 . 1994 .                                   Luxembourg at the Chambers of Alex Bonn, 62 Avenue
                                                                     Guillaume,      against    Commission         of   the  European
                                                                     Communities ( Agents : Eugenio de March and James
                                                                     Macdonald Flett ) — application for the annulment, under
                                                                     Article 173 of the EC Treaty, of Commission Regulation
                                                                     ( EC ) No 1734/95 of 14 July 1995 fixing, for the 1994/95
    ORDER OF THE PRESIDENT OF THE COURT
                                                                     marketing year, the specific agricultural conversion rate
                                                                     applicable to the minimum sugar beet prices and the
                      of 28 August 1996                              production levy and additional levy in the sugar sector ( OJ
in Case T-112/96 R: Jean-Claude Séché v. Commission of               No 165 , 15 . 7. 1995 , p. 12 ), in so far as that Regulation does
                  the European Communities                           not fix any rate applicable to Sweden — the Court of First
(Officials — Rejection of application for a post and                 Instance ( First Chamber ), composed of: A. Saggio ,
appointment of another candidate — Application for                   President, V. Tiili and R. M. Moura Ramos, Judges; H.
interim measures — Application for suspension of                     Jung, Registrar, has made an order on 4 October 1996 , the
                                                                     operative part of which is as follows :
        operation of a measure — Urgency — None)
                         ( 96/C 354/52 )
                                                                     1 . The application is dismissed as inadmissible.
               (Language of the case: French)                        2 . There is no need to rule on the application for leave to
                                                                         intervene brought by the Kingdom of Sweden .
In Case T-l 12/96 R: Jean-Claude Séché, an official of the
Commission of the European Communities , represented by              3 . The applicants shall bear their own costs and shall also
Eric Boigelot, of the Brussels Bar, with an address for service           bear, jointly and severally, those incurred by the
in Luxembourg at the Chambers of Louis Schiltz, 2 Rue du                  Commission . The Kingdom of Sweden shall bear the
Fort Rheinsheim, v. Commission of the European                            costs which it has incurred in bringing its application for
Communities ( Agents : Gianluigi Valsesia and Julian                      leave to intervene.
Currall ) — application for suspension of operation of the
decisions of the Commission of 22 May 1996 rejecting the
                                                                     (') OJ No C 351 , 30 . 12 . 1995 .
applicant's application for, and appointing another
candidate to, the post of Principal Legal Adviser, declared
vacant by vacancy notice COM/2Q/96 — the President of