CELEX: C2002/219/42
Language: en
Date: 2002-09-14 00:00:00
Title: Judgment of the Court of First Instance 9 July 2002 in Case T-333/00: Rougemarine SARL v Commission of the European Communities (Programme encouraging the development and distribution of European audiovisual works (MEDIA II) — Decision to award financial support — Refusal — Implied reasons)

C 219/16                 EN                     Official Journal of the European Communities                                    14.9.2002
2.     Annuls Articles 3 of Decision 1999/84 in so far as it obliges            JUDGMENT OF THE COURT OF FIRST INSTANCE
       the Kingdom of Spain to recover State aid granted in the form
       of debt cancellation by public bodies.                                                         of 12 June 2002
3.     Dismisses the remainder of the application.
                                                                           in Case T-66/00: B v Commission of the European
                                                                                                      Communities ( 1)
4.     Orders the Commission to bear its own costs and 30 % of the
       costs incurred by the applicant.
                                                                           (Officials — Education allowance — Dependent child allow-
                                                                            ance — Conditions of grant — Recovery of undue payment)
5.     Orders the Kingdom of Spain to bear its own costs.
                                                                                                      (2002/C 219/41)
( 1) OJ C 246 of 28.8.1999.
                                                                                               (Language of the case: French)
                                                                           In Case T-66/00: B, an official of the Commission of the
                                                                           European Communities, residing at Tervuren (Belgium), rep-
                                                                           resented by J.-N. Louis, G.-F. Parmentier and V. Peere, lawyers,
     JUDGMENT OF THE COURT OF FIRST INSTANCE                               with an address for service in Luxembourg, v Commission of
                                                                           the European Communities (Agent: J. Currall) — application
                                                                           for annulment of the Commission’s decision of 4 March
                             11 July 2002                                  1999 discontinuing, with effect from 1 September 1997, the
                                                                           education allowance and dependent child allowance paid to
                                                                           the applicant — the Court of First Instance (Fourth Chamber),
in Case T-205/99: Hyper Srl v Commission of the Euro-                      composed of: M. Vilaras, President, and V. Tiili and P. Mengoz-
                        pean Communities (1)                               zi, Judges; D. Christensen, Administrator, for the Registrar, has
                                                                           given a judgment on 12 June 2002, in which it:
(Customs duties — Importation of television sets from India
— Invalid certificates of origin — Application for remission               1.     Dismisses the application;
of import duties — Article 13(1) of Regulation (EEC)
   No 1430/79 — Rights of the defence — Special situation)                 2.     Orders the parties to bear their own costs.
                           (2002/C 219/40)                                 (1 ) OJ C 135 of 13.5.2000.
                     (Language of the case: German)
In Case T-205/99, Hyper Srl, established in Limena (Italy),
represented by D. Ehle and D. Ehle, Rechtsanwälte, with an                      JUDGMENT OF THE COURT OF FIRST INSTANCE
address for service in Luxembourg, v Commission of the
European Communities (Agents: J.-C. Schieferer and M. Nuñez-                                            9 July 2002
Müller): Application for annulment of Commission Decision
REM 14/98 of 5 February 1999 finding that the remission of
                                                                           in Case T-333/00: Rougemarine SARL v Commission of
import duties due from the applicant in respect of television
                                                                                            the European Communities (1)
sets imported from India is not justified, the Court of First
Instance (Third Chamber), composed of: M. Jaeger, President,
K. Lenaerts and J. Azizi, Judges; H. Jung, Registrar, has given a          (Programme encouraging the development and distribution
judgment on 11 July 2002, in which it:                                     of European audiovisual works (MEDIA II) — Decision to
                                                                               award financial support — Refusal — Implied reasons)
1.     Dismisses the action;
                                                                                                      (2002/C 219/42)
2.     Orders the applicant to pay the costs.
                                                                                               (Language of the case: French)
( 1) OJ C 333 of 20.11.1999.
                                                                           In Case T-333/00, Rougemarine SARL, established in Paris
                                                                           (France), represented by T. Levy and O. Rezlan, lawyers, with
 ---pagebreak--- 14.9.2002                 EN                      Official Journal of the European Communities                                             C 219/17
an address for service in Luxembourg, v Commission of the                    1.     dismisses the application as inadmissible in so far as it asks the
European Communities (Agents: K. Banks and M. Wolfcarius),                          Court to order the defendant to classify the applicant at a higher
supported by Council of the European Union (Agent: A. Lopes                         grade.
Sabino): Application for annulment of the Commission’s
decision, contained in a letter of 5 September 2000, refusing                2.     dismisses the remainder of the application as unfounded.
to grant the applicant financial support under the MEDIA II
programme and for damages to compensate for the harm
suffered as a result of that refusal, the Court of First Instance            3.     orders the parties to bear their own costs.
(Fifth Chamber), composed of: J.D. Cooke, President, R. García-
Valdecasas and P. Lindh, Judges; B. Pastor, Principal Adminis-
trator, for the Registrar, has given a judgment on 9 July 2002,              (1 ) OJ No C 95 of 24.3.01.
in which it:
1.     Dismisses the application;
2.     Orders the applicant to pay the costs incurred by the defendant
       in addition to its own;
3.     Orders the intervener to bear its own costs.
                                                                                  JUDGMENT OF THE COURT OF FIRST INSTANCE
( 1) OJ C 372 of 23.12.2000                                                                              of 12 June 2002
                                                                             in Case T-9/01: Michael Becker v Court of Auditors of the
                                                                                                 European Communities (1)
                                                                             (Officials — Leave on personal grounds — Invalidity
                                                                                                             pension)
     JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                         (2002/C 219/44)
                            of 11 July 2002
                                                                                                 (Language of the case: German)
in Case T-381/00: Franz-Martin Wasmeier v Commission
                 of the European Communities ( 1)
(Officials — Appointment — Classification in grade —
                                                                             In Case T-9/01: Michael Becker, an official on leave on
             Article 31(2) of the Staff Regulations)
                                                                             personal grounds from the Court of Auditors of the European
                                                                             Communities, residing in Luxembourg, represented by
                           (2002/C 219/43)                                   R. Nathan, lawyer, against Court of Auditors of the European
                                                                             Communities (Agents: J.-M. Stenier, P. Giusta and B. Schäfers)
                                                                             — application for annulment of the decision of the Court of
                    (Language of the case: German)                           Auditors of 13 November 2000 rejecting a request to be
                                                                             retired on grounds of invalidity — the Court of First Instance
                                                                             (Fourth Chamber), composed of M. Vilaras, President, V. Tiili
                                                                             and P. Mengozzi, Judges; D. Christensen, for the Registrar,
                                                                             gave a judgment on 12 June 2002, in which it:
In Case T-381/00: Franz-Martin Wasmeier, an official at
the Commission of the European Communities, residing in
Brussels, represented by G. Maier, lawyer, against Commission                1.     Dismisses the application.
of the European Communities (Agents: C. Berardis-Kayser et
M. B. Wägenbaur) — application for annulment of the
Commission’s decision of 24 September 2000 concerning the                    2.     Orders the parties to bear their own costs.
applicant’s definitive classification in Grade A 7, step 3, and of
the Commission’s decision of 24 September 1999 rejecting
the applicant’s complaint — the Court of First Instance (Fifth               (1 ) OJ C 95 of 24.3.2001.
Chamber), composed of J.D. Cooke, President, R. García-
Valdecasas and P. Lindh , Judges; D. Christensen, for the
Registrar, gave a judgment on 11 July 2002, in which it: