CELEX: C2001/259/07
Language: en
Date: 2001-09-15 00:00:00
Title: Judgment of the Court of First Instance of 16 May 2001 in Case T-68/99 Toditec NV v Commission of the European Communities (Arbitration clause — Non-performance of contract — Counterclaim)

C 259/6                  EN                     Official Journal of the European Communities                                            15.9.2001
5.    Orders the Commission to pay the costs.                                    —     the remainder of the application is dismissed;
6.    Orders the United Kingdom of Great Britain and Northern                    —     the parties shall bear their own costs, including those
      Ireland, the French Republic and the Federal Republic of                         relating to the interlocutory proceedings.
      Germany to bear their own costs.
                                                                           3.    In Case T-241/99:
(1) OJ C 318 of 18.10.97, C 378 of 20.12.97, C 94 of 28.3.98 and
    C 246 of 28.8.99.                                                            —     the Commission is ordered to pay to the applicant
                                                                                       EUR 1 000 by way of compensation for non-material
                                                                                       damage;
                                                                                 —     the remainder of the application is dismissed;
                                                                                 —     the Commission shall, in addition to bearing its own
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                            costs, pay one-quarter of the applicant’s costs.
                            of 3 July 2001
                                                                           (1) OJ C 94 of 28.3.98 and C 6 of 8.1.98.
in Joined Cases T-24/98 and T-241/99: E v Commission of
                  the European Communities (1)
(Officials — Temporary agent — Disciplinary action —
Suspension — Disciplinary measure — Termination without
notice of the contract — Period prescribed by the third
paragraph of Article 7 of Annex IX to the Staff Regulations                    JUDGMENT OF THE COURT OF FIRST INSTANCE
— Disregarded — Consequences — Action for annulment
             and damages — No need to adjudicate)                                                     of 16 May 2001
                           (2001/C 259/06)                                 in Case T-68/99 Toditec NV v Commission of the Euro-
                                                                                                  pean Communities (1)
                     (Language of the case: French)
                                                                           (Arbitration clause — Non-performance of contract —
                                                                                                       Counterclaim)
In Joined Cases T-24/98 and T-241/98: E, temporary member
of staff of the Commission of the European Communities,
residing in T.I. (Italy), represented by J.-N. Louis, G.-F. Parmen-                                  (2001/C 259/07)
tier and V. Peere, lawyers, with an address for service in
Luxembourg, against Commission of the European Communi-
ties (Agents: G. Valsesia and J. Currall) — application, in                                    (Language of the case: English)
Case T-24/98, first, for annulment of the decision of the
Commission of 12 November 1997 to continue to keep the
applicant on suspension from duties and, secondly, seeking an              In Case T-68/99 Toditec NV, established in Antwerp (Belgium),
order requiring the Community to make good the damage                      represented by E. Ballon and H. Dubois, avocats, with an
allegedly suffered by the applicant as a result of that decision           address for service in Luxembourg, against Commission of the
and, in Case T-241/99, an application, first, for annulment of             European Communities (Agents: E. de March, M. Shotter and
the decision of the Commission of 22 December 1998                         J. Stuyck) — application pursuant to an arbitration clause
imposing on the applicant the disciplinary measure of termin-              within the meaning of Article 181 of the EC Treaty (now
ation without notice of the temporary-agent contract and,                  Article 238 EC) for the Commission to be required to pay the
secondly, seeking an order requiring the Community to make                 sum of ECU 74 967, plus interest at the rate of 7 % (the legal
good the damage allegedly suffered by the applicant as a result            rate applicable in Belgium) as from 5 June 1998, and
of that decision and of the disciplinary procedure — the Court             counterclaim by the Commission for the applicant to be
of First Instance (Second Chamber), composed of A.W.H. Meij,               required to pay it the sum of EUR 54 486, plus interest at the
President, A. Potocki and J. Pirrung, Judges; H. Jung, Registrar,          rate of 7 % as from 31 January 1999 — the Court of First
gave a judgment on 13 July 2001, the operative part of which               Instance, composed of (Single Judge: M. Vilaras); J. Palacio
is as follows:                                                             González, Administrator, for the Registrar, has given a judg-
                                                                           ment on 16 May 2001, in which it:
1.    Cases T-24/98 and T-241/99 are joined for the purposes of
      the judgment.                                                        1.    Allows the applicant’s claim in so far as it seeks reimbursement
                                                                                 of expenditure on consumables amounting to EUR 4 642.
2.    In Case T-24/98:
                                                                           2.    Dismisses the remainder of the application.
      —     there is no longer any need to adjudicate on the claims for
            annulment;                                                     3.    Allows the Commission’s counterclaim.
 ---pagebreak--- 15.9.2001               EN                     Official Journal of the European Communities                                          C 259/7
4.    Orders the applicant to pay the Commission the sum of                   JUDGMENT OF THE COURT OF FIRST INSTANCE
      EUR 49 844, plus interest at an annual rate of 7 % as from
      31 January 1999.                                                                              of 7 June 2001
5.    Orders the applicant to bear its own costs and to pay half of       in Case T-187/99 Agrana Zucker und Stärke AG v
      the costs incurred by the Commission.                                       Commission of the European Communities (1)
6.    Orders the Commission to bear half of its own costs.                (Action for annulment — State aid — Aid incompatible
                                                                          with the common market — Time-limit for investigation —
                                                                          Act of Accession — Declaration No 31 — Statement of
(1) OJ C 160 of 5.6.99.
                                                                                                        reasons)
                                                                                                   (2001/C 259/09)
                                                                                            (Language of the case: German)
    JUDGMENT OF THE COURT OF FIRST INSTANCE                               In Case T-187/99, Agrana Zucker und Stärke AG, established
                                                                          in Vienna (Austria), represented by W. Barfuß and
                                                                          H. Wollmann, lawyers, with an address for service in Luxem-
                          of 14 June 2001                                 bourg, against Commission of the European Communities
                                                                          (Agents: M. Erhart and D. Triantafyllou) — application for
                                                                          annulment of Commission Decision 1999/342/EC of 30 Sep-
in Case T-143/99 Hortiplant SAT v Commission of the
                                                                          tember 1998 concerning aid which Austria plans to grant to
                    European Communities (1)
                                                                          Agrana Stärke- GmbH to build and convert starch production
                                                                          facilities (OJ 1999 L 131, p. 61) — the Court of First Instance
(EAGGF — Cancellation of financial assistance —                           (Fifth Chamber, Extended Composition), composed of P. Lindh,
          Article 24 of Regulation (EEC) No 4253/88)                      President, R. Garcı́a-Valdecasas, J.D. Cooke, M. Vilaras and
                                                                          N. Forwood, Judges; G. Hertzig, Administrator, for the Regis-
                                                                          trar, has given a judgment on 7 June 2001, in which it:
                          (2001/C 259/08)
                                                                          1.    Dismisses the application;
                    (Language of the case: Spanish)                       2.    Orders the applicant to bear its own costs and pay those of the
                                                                                Commission.
In Case T-143/99, Hortiplant SAT, established in Amposta
(Spain), represented by C. Fernández Vicién and Iglesias Roa,            (1) OJ C 314 of 30.10.99.
lawyers, against Commission of the European Communities
(Agents: L. Visaggio and J. Guerra Fernández) — application
for the annulment of the Commission decision of 4 March
1999 to cancel the financial assistance granted to Hortiplant
SAT by Commission Decision C(92) 3125 of 3 December
1992 concerning the granting of aid from the EAGGF
Guidance Section pursuant to Council Regulation (EEC)                         JUDGMENT OF THE COURT OF FIRST INSTANCE
No 4256/88 in the context of a project entitled ‘Initiative in
the form of a pilot project to demonstrate a new and                                               of 14 June 2001
highly efficient method of producing seedlings, as applied to
ornamental and woodland species’ — the Court of First                     in Case T-230/99: Hans McAuley v Council of the Euro-
Instance (Fourth Chamber), composed of P. Mengozzi, Presi-                                          pean Union (1)
dent, V. Tiili and R.M. Moura Ramos, Judges; H. Jung, Registrar,
has given a judgment on 14 June 2001, in which it:                        (Officials — Appointment by way of promotion — Annul-
                                                                          ment — Examination of the comparative merits — Manifest
1.    Dismisses the application.                                                                 error of assessment)
2.    Orders the applicant to bear its own costs and those of the                                  (2001/C 259/10)
      Commission, including those in the proceedings for interim
      relief.
                                                                                             (Language of the case: French)
(1) OJ C 226 of 7.8.99.
                                                                          In Case T-230/99: Hans McAuley, an official of the Council
                                                                          of the European Union, residing in Wezembeek-Oppem
                                                                          (Belgium), represented by J-N. Louis, G-F. Parmentier and