CELEX: C2001/108/23
Language: en
Date: 2001-04-07 00:00:00
Title: Judgment of the Court of First Instance of 14 December 2000 in Case T-613/97: Union Française de l'Express (Ufex) and Others v Commission of the European Communities (State aid — Rights of the defence — Access to the file — Requirement to state reasons — Postal sector — Cross-subsidies between the reserved sector and the competitive sector — Concept of State aid — Normal market conditions)

C 108/14               EN                       Official Journal of the European Communities                                          7.4.2001
                                                          COURT OF FIRST INSTANCE
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                    JUDGMENT OF THE COURT OF FIRST INSTANCE
                      of 12 December 2000
                                                                                                 of 14 December 2000
in Case T-296/97: Alitalia — Linee aeree italiane SpA v
        Commission of the European Communities (1)
                                                                           in Case T-613/97: Union Française de l’Express (Ufex) and
                                                                             Others v Commission of the European Communities (1)
(State aid — Recapitalisation of Alitalia by the Italian
authorities — Classification of the measure — Private
       investor test — Examination by the Commission)                      (State aid — Rights of the defence — Access to the file —
                                                                           Requirement to state reasons — Postal sector — Cross-
                         (2001/C 108/22)                                   subsidies between the reserved sector and the competitive
                                                                           sector — Concept of State aid — Normal market conditions)
                    (Language of the case: Italian)
                                                                                                    (2001/C 108/23)
In Case T-296/97: Alitalia — Linee aeree italiane SpA,
established in Rome, Italy, represented by F. Sciaudone and
G.M. Roberti, of the Naples Bar, M. Siragusa, of the Rome Bar,                                (Language of the case: French)
G. Scassellati Sforzolini, of the Bologna Bar, M. Beretta, of the
Bergamo Bar, and F.M. Moretti, of the Venice Bar, and initially
by A. Tizzano, of the Naples Bar, with an address for service
in Luxembourg at the Chambers of Elvinger, Hoss and                        In Case T-613/97: Union Française de l’Express (Ufex), estab-
Prussen, 2 Place Winston Churchill, against Commission of                  lished in Roissy-en-France (France), DHL International, estab-
the European Communities (Agents: D. Triantafyllou, A. Abate               lished in Roissy-en-France, Federal Express International
and E. Cappelli,) supported by Air Europe SpA, established in              (France), established in Gennevilliers (France), CRIE, established
Gallarate, Italy, represented by L. Pierallini and A. Costantini,          in Asnières (France), represented by É. Morgan de Rivery, of
of the Rome Bar, with an address for service in Luxembourg at              the Paris Bar, and J. Derenne, of the Brussels and Paris Bars,
the Chambers of A. Lorang, 51 Rue Albert 1er, and by Air                   with an address for service in Luxembourg at the Chambers of
One SpA, established in Chieti, Italy, represented by M. Merola,           A. Schmitt, 7 Val Sainte-Croix, against Commission of the
of the Rome Bar, and A. Sodano del Foro Adele, of the Naples               European Communities (Agents: G. Rozet and D. Triantafyl-
Bar, with an address for service in Luxembourg at the                      lou), supported by French Republic, (Agents: K. Rispal-Bellan-
Chambers of A. Lorang, 51 Rue Albert 1er — application for                 ger and F. Million), by Chronopost SA, established in Issy-les-
annulment of Commission Decision 97/789/EC of 15 July                      Moulineaux (France), represented by V. Bouaziz Torron and
1997 concerning the recapitalisation of the company Alitalia               D. Berlin, of the Paris Bar, with an address for service in
(OJ 1997 L 322, p. 44) — the Court of First Instance (Third                Luxembourg at the Chambers of A. May, 398 Route d’Esch,
Chamber, Extended Composition), composed of: K. Lenaerts,                  and by La Poste, established in Boulogne-Billancourt (France),
President, J. Azizi, R.M. Moura Ramos, M. Jaeger and P. Men-               represented by H. Lehman, of the Paris Bar, with an address
gozzi, Judges; J. Palacio González, Administrator, for the                for service in Luxembourg at the Chambers of A. May, 398
Registrar, has given a judgment on 12 December 2000, in                    Route d’Esch, application for annulment of Commission
which it:                                                                  Decision 98/365/EC of 1 October 1997 concerning alleged
                                                                           State aid granted by France to SFMI-Chronopost (OJ 1998
                                                                           L 164, p. 37) — the Court of First Instance (Fourth Chamber,
1.    Annuls Commission Decision 97/789/EC of 15 July 1997
                                                                           Extended Composition), composed of: V. Tiili, President,
      concerning the recapitalisation of the company Alitalia;
                                                                           P. Lindh, R.M. Moura Ramos, J.D. Cooke and P. Mengozzi,
                                                                           Judges; G. Herzig, Administrator, for the Registrar, has given a
2.    Orders the Commission to bear its own costs and to pay those         judgment on 14 December 2000, in which it:
      incurred by the applicant;
3.    Orders Air One SpA and Air Europe SpA to bear their own              1.    Annuls Article 1 of Commission Decision 98/365/EC of
      costs.                                                                     1 October 1997 concerning alleged State aid granted by France
                                                                                 to SFMI-Chronopost in so far as it finds that the logistical and
                                                                                 commercial assistance provided by La Poste to its subsidiary
(1) OJ C 41 of 7.2.1998.                                                         SFMI-Chronopost does not constitute State aid to SFMI-
                                                                                 Chronopost;
                                                                           2.    Dismisses the remainder of the application;
 ---pagebreak--- 7.4.2001                 EN                     Official Journal of the European Communities                                         C 108/15
3.    Orders the applicants to bear 10 % of their own costs;               3.    orders the defendant to bear the costs in Case T-130/98.
4.    Orders the Commission to bear its own costs and to pay 90 %          4.    orders each of the parties to bear their own costs, including
      of the costs incurred by the applicants;                                   those relating to the interlocutory proceedings, in Case
                                                                                 T-131/98.
5.    Orders the French Republic, Chronopost SA and La Poste to
      bear their own costs.
                                                                           (1) OJ C 327 of 24.10.1998.
(1) OJ C 72 of 7.3.1998.
                                                                               JUDGMENT OF THE COURT OF FIRST INSTANCE
    JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                  of 5 December 2000
                       of 13 December 2000
                                                                           in Case T-136/98: Anna Maria Campogrande v Com-
                                                                                     mission of the European Communities (1)
in Joined Case T-130/98 and T-131/98: Francis Panichelli
                     v European Parliament (1)
                                                                           (Officials — Duty to render assistance — Sexual harass-
(Temporary agents — Engaged on the basis of Article 2(c)                                                    ment)
of the Conditions of Employment of other Servants of the
Communities — Reclassification of a post — Absence of                                                (2001/C 108/25)
promotion to Grade A 4 — Staff reports — Action for
annulment and claim for damages — Admissibility of the
action — Dismissal pursuant to Article 47(2)(a) of the
Conditions of Employment of other Servants of the Com-                                         (Language of the case: French)
munities — Whether internal procedure observed — Reason
                for dismissal — Misuse of powers)                          In Case T-136/98: Anna Maria Campogrande, an official at
                                                                           the Commission of the European Communities, residing in
                          (2001/C 108/24)                                  Brussels, represented by A. Krywin, of the Brussels Bar, with
                                                                           an address for service in Luxembourg at the Chambers of
                                                                           A. Lutgen, 1 Rue Jean-Pierre Brasseur, against Commission of
                                                                           the European Communities (Agents: C. Berardis-Kayser and
                     (Language of the case: French)                        F. Clotuche-Duvieusart) — first, application for annulment of
                                                                           the implied decision of the Commission rejecting the appli-
In Joined Cases T-130/98 and T-131/98: Francis Panichelli,                 cant’s request for assistance of 27 June 1997 and, secondly, a
former temporary agent of the European Parliament, residing                claim for damages to make good the harm suffered — the
in Wezembeek-Oppem (Belgium), represented by E. Boigelot,                  Court of First Instance (Fourth Chamber), composed of V. Tiili,
of the Brussels Bar, with an address for service in Luxembourg             President, R.M. Moura Ramos and P. Mengozzi, Judges; Blanca
at the Chambers of L. Schiltz, 2 Rue du Fort Rheinsheim,                   Pastor, Principal Administrator, for the Registrar, gave a
against European Parliament (Agents: M. Moore and J. Sant’An-              judgment on 5 December 2000, in which it:
na) — application for (Case T-130/98) annulment of the
implied rejection of the applicant’s request of 11 July 1997               1.    annuls the implied decision of the Commission rejecting the
and for an order requiring the defendant to pay damages and                      applicant’s request for assistance of 27 June 1997;
(Case T-131/98) for annulment of the decision communicated
on 2 July 1998 bringing to an end the applicant’s temporary                2.    dismisses the remainder of the application;
contract — the Court of First Instance (Second Chamber),
composed of J. Pirrung, President, A. Potocki and A.W.H. Meij,
Judges; Blanca Pastor, Principal Administrator, for the Regis-             3.    orders the Commission to pay the costs.
trar, gave a judgment on 13 December 2000, in which it:
1.    joins Cases T-130/98 and T-131/98 for the purpose of the             (1) OJ C 327 of 24.10.1998.
      judgment.
2.    dismisses the applications in Cases T-130/98 and T-131/98.