CELEX: C2000/102/37
Language: en
Date: 2000-04-08 00:00:00
Title: Judgment of the Court of First Instance of 16 December 1999 in Case T-158/96: Acciaierie di Bolzano SpA v Commission of the European Communities (ECSC Treaty — Action for annulment — State aid — Decision finding aid incompatible and ordering its repayment — Unnotified aid — Steel Aid Code applicable — Rights of the defence — Protection of legitimate expectations — Interest rate applicable — Statement of reasons)

8.4.2000              EN                       Official Journal of the European Communities                                       C 102/19
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                   JUDGMENT OF THE COURT OF FIRST INSTANCE
                     of 16 December 1999
                                                                                                of 17 February 2000
in Case T-158/96: Acciaierie di Bolzano SpA v Com-
          mission of the European Communities (1)
                                                                          in Case T-183/97: Carla Micheli and Others v Commission
                                                                                         of the European Communities (1)
(ECSC Treaty — Action for annulment — State aid —
Decision finding aid incompatible and ordering its repay-
ment — Unnotified aid — Steel Aid Code applicable —                       (Action for annulment — Community policy for research
Rights of the defence — Protection of legitimate expectations             and technological development — MAST III Programme —
      — Interest rate applicable — Statement of reasons)                  Decision adopting the list of project proposals eligible for a
                                                                          Community contribution —Exclusion of a proposal for
                                                                          Community financing — Interest in bringing an action —
                        (2000/C 102/37)                                                        No need to adjudicate)
                   (Language of the case: Italian)                                                (2000/C 102/38)
In Case T-158/96: Acciaierie di Bolzano SpA, established in
Bolzano (Italy), represented initially by Giulio Macrı́ and Bruno
Nascimbene, of the Milan Bar, and Massimo Condinanzi, of                                     (Language of the case: Italian)
the Biella Bar, and subsequently by Mr Nascimbene alone, with
an address for service in Luxembourg at the Chambers of
Franco Colussi, 36 Rue de Wiltz, supported by Falck SpA,
established in Milan (Italy), represented initially by Giulio Macrı́      In Case T-183/97: Carla Micheli, Andrea Peirano, Carlo Nike
and Franco Colussi, of the Milan Bar, and subsequently by Mr              Bianchi and Marinella Abbate, represented by Wilma Viscardini
Macrı́ and Massimo Condinanzi, of the Biella Bar, with an                 Donà, Mariano Paolin and Simonetta Donà, of the Padua Bar,
address for service in Luxembourg at the Chambers of Franco               with an address for service in Luxembourg at the Chambers of
Colussi, 36 Rue de Wiltz, and by the Italian Republic                     Ernest Arendt, 39 Rue Mathias Hardt, against the Commission
(Agents: Umberto Colesanti and Aiello Giacomo) against the                of the European Communities (Agents: Eugenio de March and
Commission of the European Communities (Agents: Enrico                    Alberto Dal Farro) — application for the annulment of the
Traversa, Paul Nemitz, Enrico Altieri and, in the oral proceed-           Commission’s decision establishing the list of project proposals
ings, Tito Ballarino) — application for the annulment of                  eligible for a Community contribution under the specific
Commission Decision 96/617/ECSC of 17 July 1996 concern-                  programme of research and technological development,
ing aid granted by the Autonomous Province of Bolzano (Italy)             including demonstration, in the field of marine science and
to Acciaierie di Bolzano (OJ 1996 L 274, p. 30) — the Court               technology (1994 to 1998), in so far as it excludes the
of First Instance (Fifth Chamber, Extended Composition),                  POSIBLE project coordinated by Carla Micheli, which decision
composed of J.D. Cooke, President of the Chamber, R. Gar-                 was notified by the Commission’s letter of 26 March 1997,
cia-Valdecasas, P. Lindh, J. Pirrung and M. Vilaras, Judges;              received by fax on 17 April 1997 and by post on 20 May
J. Palacio González, Administrator, for the Registrar, has given         1997 — the Court of First Instance (Fourth Chamber),
a judgment on 16 December 1999, in which it:                              composed of R.M. Moura Ramos, President of the Chamber,
                                                                          V. Tiili and P. Mengozzi, Judges; J. Palacio González, Adminis-
                                                                          trator, for the Registrar, gave a judgment on 17 February
1. Dismisses the action;                                                  2000, the operative part of which is as follows:
2. Orders the applicant to bear its own costs and to pay the costs of     1. There is no further need to adjudicate on this case;
     the Commission;
                                                                          2. The parties are ordered to bear their own costs.
3. Orders each intervener to bear its own costs.
                                                                          (1) OJ C 271 of 6.9.1997.
(1) OJ C 54, 22.2.1997.