CELEX: C1997/331/39
Language: en
Date: 1997-11-01 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 25 September 1997 in Case T-150/95: UK Steel Association v. Commission of the European Communities (Action for annulment - State aid - ECSC Treaty - Fifth Steel Aid Code - New plant - Community guidelines on aid for environmental protection)

C 331 / 18            EN                    Official Journal of the European Communities                                     1 . 11 . 97
                                                      COURT OF FIRST INSTANCE
  JUDGMENT OF THE COURT OF FIRST INSTANCE                              Brussels, represented by Jean-Noel Louis, Thierry
                     of 16 September 1997                              Demaseure, Veronique Leclercq and Ariane Tornel, of the
                                                                       Brussels Bar, with an address for service in Luxembourg at
in Case T-220/95 : Christophe Gimenez v. Committee of                  the offices of Fiduciaire Myson SARL, 30 Rue de
            the Regions of the European Union (')                      Cessange, v. Council of the European Union (Agents:
(Officials — Economic and Social Committee —                           Diego Canga Fano and Aidan Patrick Feeney) —
Committee of the Regions — Common organizational                       application for annulment of the Council's decision of
structure — Internal competition — Decision by the                     29 January 1996 refusing to increase the applicant's
selection board not to admit a candidate to an internal                annual leave by the addition of extra travelling time —
             competition — Action for annulment)                       the Court of First Instance ( First Chamber), composed of:
                                                                       A. Saggio, President, and V. Tiili and R. M. Moura
                           ( 97/C 331 /37                              Ramos, Judges; A. Mair, Administrator, for the Registrar,
                                                                       has given a judgment on 23 September 1997, in which it:
                (Language of the case: French)
                                                                       1 . dismisses the action;
In Case T-220/95 : Christophe Gimenez, a member of the
temporary staff of the Economic and Social Committee,                  2 . orders the parties to bear their own costs.
residing in Brussels, represented by Eric Boigelot, of the
Brussels Bar, with an address for service in Luxembourg at             (') OJ C 9, 11 . 1 . 1997.
the Chambers of Louis Schiltz, 2 Rue du Fort Rheinsheim,
v. Committee of the Regions of the European Union
(Agent: Dominique Lagasse ) — application for annulment
of the decision adopted on 27 November 1995 by the
selection board in internal competition CdR-A/03/95 not
to admit the applicant to that competition — the Court of
First Instance ( Fifth Chamber), composed of: C. W.                      JUDGMENT OF THE COURT OF FIRST INSTANCE
Bellamy, President, and J. Azizi and M. Jaeger, Judges; H.                                    of 25 September 1997
Jung, Registrar, has given a judgment on 16 September
1997, in which it:                                                     in Case T- 150/95 : UK Steel Association v. Commission of
                                                                                         the European Communities ( ! )
1 . annuls the decision of the selection board in internal             (Action for annulment — State aid — ECSC Treaty —
    competition CdR-A/03/95 refusing to admit the                      Fifth Steel Aid Code — New plant — Community
    applicant to that competition;                                           guidelines on aid for environmental protection)
                                                                                                   ( 97/C 331 /39 )
2 . orders the Committee of the Regions to bear its own
    costs and to pay the costs of the applicant, including                              (Language of the case: English)
    those relating to the proceedings for interim relief.
                                                                       In Case T-150/95 : UK Steel Association, formerly British
H OJ C 16, 20 . 1 . 1996 .
                                                                       Iron and Steel Producers Association (BISPA), whose head
                                                                       office is in London, represented by John Boyce and Philip
                                                                       Raven,     Solicitors,     with   an    address for service    in
                                                                       Luxembourg at the Chambers of Wagener & Rukavina,
                                                                       10a Boulevard de la Foire, v. Commission of the European
                                                                       Communities (Agents: Nicholas Khan and Paul Nemitz ),
  JUDGMENT OF THE COURT OF FIRST INSTANCE                              supported by Grand Duchy of Luxembourg (Agents:
                     of 23 September 1997                              Georges Schmit, Bernard van de Walle de Ghelcke and
                                                                       Koen Platteau, and Arbed SA, established in Luxembourg,
in Case T-l 72/96: Yannick Chevalier-Delanoue v. Council               represented by Alexandre Vandencasteele, of the Brussels
                  of the European Union (')                            Bar, with an address for service at the office of Paul
                                                                       Ehmann, Legal Department, Arbed, 19 Avenue de la
(Officials — Annual leave — Travelling time — Place of
                                                                       Liberté — application for annulment of the decision
       origin outside Europe — Equality of treatment)                  reproduced in Commission notice 94/C 400/02 pursuant
                           ( 97/C 331 /38 )                            to Article 6 (4 ) of Decision No 3855/91/ECSC to other
                                                                       Member States and interested parties concerning aid
                                                                       which Luxembourg plans to grant to ProfilARBED SA
                (Language of the case: French)
                                                                       (Arbed) ( State Aid C 25/94 ( ex N 11/94 ) (2 ), finding that
                                                                       the aid which the Grand Duchy of Luxembourg planned
In Case T-172/96 : Yannick Chevalier-Delanoue, . an official           to grant to ProfilARBED SA conformed to Article 3 of
of the Council of the European Union, residing in                      Decision No 3855/91 and was thus compatible with the
 ---pagebreak--- 1 . 11 . 97               EN                     Official Journal of the European Communities                                 C 331/19
common market — the Court of First Instance (Fifth                          Action brought on 24 July 1997 by H & R Ecroyd
Chamber, Extended Composition), composed of: R.                             Holdings Ltd. against the Commission of the European
Garcia-Valdecasas, President, V. Tiili, J. Azizi, R. M.                                                Communities
Moura Ramos and M. Jaeger, Judges; A. Mair,                                                         ( Case T-220/97)
Administrator, for the Registrar, has given a judgment on
25 September 1997, in which it:                                                                       ( 97/C 331/41 )
1 . annuls the decision reproduced in Commission notice                                      (Language of the case: English)
       94/C 400/02 pursuant to Article 6 (4) of Decision
       No 3855/91 /ECSC          to   other Member States and
       interested parties concerning aid which Luxembourg                   An action against the Commission of the European
       plans to grant to ProfilARBED SA (Arbed) (State Aid                  Communities was brought before the Court of First
       C 25/94 (ex N 11 /94));                                              Instance of the European Communities on 24 July 1997
                                                                            by H & R Ecroyd Holdings Ltd., represented by William
2 . orders the Commission to pay the costs;                                 Neville, Peter Duffy and Philippa Watson, with an address
                                                                            for service in Luxembourg at the Chambers of Elvinger
                                                                            Hoss and Prussen, 2 Place Winston Churchill.
3 . orders the Grand Duchy of Luxembourg and Arbed
       SA to bear their own costs.
                                                                            The applicant claims that the Court should:
H OJ C 248 , 23 . 9 . 1995 .
( 2 ) OJ C 400, 31 . 12 . 1994, p . 10 .
                                                                            — annul the Commission's decision contained in its letter
                                                                                 dated 16 May 1997 addressed to the applicant's
                                                                                 solicitor, and
       ORDER OF THE COURT OF FIRST INSTANCE
                                                                            — order the Commission to pay the applicant's costs of
                                                                                 the proceedings.
                            of 9 July 1997
in Case T-63/96: Augusto Fichtner v. Commission of the
                                                                            Pleas in law and main arguments adduced in support:
                     European Communities (')
 (Officials — Staff reports — Complaint — Implicit
     rejection — Manifest inadmissibility of the application)               The applicant refers to the preliminary ruling of the Court
                                                                            of Justice of 6 June 1996 in Case C-127/94 (The Queen v.
                             ( 97/C 331/40 )                                Ministry of Agriculture, Fisheries and Food, ex parte: H
                                                                            & R Ecroyd Holdings Ltd. and John Rupert Ecroyd
                  (Language of the case: Italian)                           [ 1996] ECR 1-2731 ), hereinafter 'the judgment', holding
                                                                            that producers such as the applicant had been unlawfully
In Case T-63/96 : Augusto Fichtner, an official of the                      excluded from the award of a special reference quantity
Commission of the European Communities, residing at                         under Article 3a ( 1 ) of Regulation (EEC ) No 857/84 of
Besozzo ( Italy ), represented by Vincenzo Salvatore, of the                31 March 1984 adopting general rules for the application
Pavia Bar, v. Commission of the European Communities                        of the levy referred to in Article 5c of Regulation ( EEC )
 (Agents: Gianluigi Valsesia and Alberto dal Ferro) —                       No 804/68 in the milk and milk products sector, as
application, first, for annulment of the Commission's                       amended by Regulation (EEC ) No 764/89 of 20 March
                                                                            1989 .
decision of 12 February 1996 expressly rejecting the
 applicant's complaint of 14 February 1995 concerning his
 staff report for the period from 1 July 1991 to 30 June                    The applicant challenges the Commission's decision of
 1993 and, second, for damages for the material and non­                     16 May 1997 asserting that it has no obligation to ensure
 material loss allegedly suffered by the applicant — the                    that effect is given to the judgment. In consequence of this
 Court of First Instance (Fourth Chamber ), composed of:
                                                                            refusal, the applicant remains unlawfully deprived of
 K. Lenaerts, President; P. Lindh and J. D. Cooke, Judges;                  quota since 1989 and is suffering severe and continuous
 H. Jung, Registrar, made an order on 9 July 1997, the                      loss .
 operative part of which is as follows :
 I. The        application       is      dismissed    as    manifestly      The applicant pleads infringement of Articles 155 and 176
        inadmissible;                                                       of the EC Treaty and of fundamental rights. Articles 155
                                                                             and 176 impose legal obligations on the Commission to
                                                                            take the 'necessary steps to comply with' a ruling of the
 2 . The parties are ordered to bear their own costs.
                                                                             Court, and according to the Court's case-law, the
                                                                             Commission is obliged 'to review the individual situation'
 w OJ C 233 , 10. 8 . 1996 .                                                 of a person who has been the victim of unlawful
                                                                             treatment. The Commission's position displays a serious
                                                                             misunderstanding of its clear obligations .