CELEX: C2002/109/115
Language: en
Date: 2002-05-04 00:00:00
Title: Case T-42/02: Action brought on 21 February 2002 by Banca Monte dei Paschi di Siena Spa against the Commission of the European Communities

C 109/60               EN                       Official Journal of the European Communities                                         4.5.2002
—     order the defendant to pay the costs of these proceedings                  interest is to be paid, at least that interest which accrued
      and all other consequential expenses.                                      prior to the demand for reimbursement, and in any event
                                                                                 the interest prescribed.
                                                                           —     In any event:
Pleas in law and main arguments
                                                                                 make all further consequential orders or such further
The pleas in law and main arguments are the same as those                        orders as it shall consider appropriate or legally necessary.
put forward in Case T-36/02 ABI v Commission.
                                                                           Pleas in law and main arguments
                                                                           The pleas in law and main arguments are the same as those
Action brought on 21 February 2002 by Banca Monte dei                      put forward in Case T-36/02 ABI v Commission.
Paschi di Siena Spa against the Commission of the
                     European Communities
                          (Case T-42/02)
                        (2002/C 109/115)
                    (Language of the case: Italian)                        Action brought on 26 February 2002 by Dresdner Bank
                                                                           AG against the Commission of the European Communi-
                                                                                                           ties
An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the                                            (Case T-44/02)
European Communities on 21 February 2002 by Banca Monte
dei Paschi di Siena Spa, represented by Cristoforo Osti,
Giuseppe Pizzonia, Alessandra Prastaro and Marcello Valenti,                                        (2002/C 109/116)
lawyers.
                                                                                              (Language of the case: German)
The applicant claims that the Court should:
— Primarily:
—     (1) annul the decision of the Commission of the Euro-                An action against the Commission of the European Communi-
            pean Communities of 11 December 2001;                          ties was brought before the Court of First Instance of the
                                                                           European Communities on 26 February 2002 by Dresdner
                                                                           Bank AG, of Frankfurt am Main (Germany), represented by
      (2) order the Commission to pay the costs.                           M. Hirsch and W. Bosch, lawyers.
—     Alternatively:
                                                                           The applicant claims that the Court should:
      (1) annul Article 1 of the contested decision, inasmuch
            as it holds Article 24(1) of the ‘Legge Ciampi’ to be
            incompatible with the common market;                           —     annul the decision of 11 December 2001 in Case
                                                                                 COMP/E-1/37.919 — Bank charges for currency
      (2) annul Article 4 of the contested decision, ordering                    exchange within the Euro zone: Germany (Dresdner Bank
            the recovery of the aid granted together with interest               AG) pursuant to the first paragraph of Article 231 EC,
            from the date on which the aid became available;                     alternatively cancel the fine imposed on Dresdner Bank
                                                                                 AG by Article 3 of that decision;
—     In the further alternative:
                                                                           —     order the Commission to pay the costs of Dresdner Bank
      annul the contested decision in so far as it provides that,                AG pursuant to Article 87(2) of the Rules of Procedure
      in addition to the amount of the aid to be recovered,                      of the Court of First Instance.