CELEX: C1999/265/12
Language: en
Date: 1999-09-18 00:00:00
Title: Judgment of the Court of First Instance of 17 June 1999 in Case T-82/96: Associação dos Refinadores de Açúcar Portugueses (ARAP) and Others v Commission of the European Communities (State aid - Complaints from competing undertakings - Judicial protection of complainants - Sugar - Aid granted in implementation of a general State aid scheme approved by the Commission - State aid for vocational training - State aid for co-financing under the rules on Structural Funds)

18.9.1999                EN                       Official Journal of the European Communities                                        C 265/7
4. There is no need to adjudicate on the alternative form of                     JUDGMENT OF THE COURT OF FIRST INSTANCE
     annulment order sought.
5. The Commission shall bear its own costs together with those                                       of 17 June 1999
     incurred by the applicant, with the exception of the costs incurred
     by the applicant as a result of the intervention by the French          in Case T-82/96: Associação dos Refinadores de Açúcar
     Republic.                                                               Portugueses (ARAP) and Others v Commission of the
                                                                                               European Communities (1)
6. The French Republic shall bear its own costs, together with the
     costs incurred by the applicant as a result of its intervention.
                                                                             (State aid — Complaints from competing undertakings —
                                                                             Judicial protection of complainants — Sugar — Aid granted
(1) OJ C 95 of 30.3.1996.                                                    in implementation of a general State aid scheme approved
                                                                             by the Commission — State aid for vocational training —
                                                                             State aid for co-financing under the rules on Structural
                                                                                                           Funds)
                                                                                                     (1999/C 265/12)
    JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                               (Language of the case: English)
                           of 19 May 1999
                                                                             In Case T-82/96: Associação dos Refinadores de Açúcar
in Joined Cases T-34/96 and T-163/96: Bernard Connolly                       Portugueses (ARAP), established in Lisbon, Alcântara Refinari-
                                                                             as — Açúcares SA, established in Santa Iria de Azóia, Portugal,
       v Commission of the European Communities (1)
                                                                             and RAR Refinarias de Açúcar Reunidas SA, established in
                                                                             Oporto, Portugal, represented by Gerard van der Wal, Advo-
(Officials — Disciplinary proceedings — Removal from post                    caat with a right of audience before the Hoge Raad der
— Articles 11, 12 and 17 of the Staff Regulations —                          Nederlanden, with an address for service in Luxembourg at the
Freedom of expression — Duty of an official to show good                     Chambers of Aloyse May, 31 Grand-Rue v Commission of
faith and to exercise dignity in the performance of his duties)              the European Communities (Agents: Nicholas Khan, Anders
                                                                             Christian Jessen and James Flett), supported by Portuguese
                           (1999/C 265/11)                                   Republic (Agents Susana Brasil de Brito and Luis Inez Fernan-
                                                                             des), and DAI — Sociedade de Desenvolvimento Agro-
                                                                             industrial SA, established in Monte da Barca, Portugal, rep-
                                                                             resented by Luis Sáragga Leal, Dulce Franco and Ricardo
                    (Language of the cases: French)                          Oliveira, of the Lisbon Bar, with an address for service in
                                                                             Luxembourg at the Chambers of Aloyse May, 31 Grand-Rue
In Joined Cases T-34/96 and T-163/96: Bernard Connolly, a                    — application for annulment of the Commission decision of
former official of the Commission of the European Communi-                   11 January 1996 not to raise objections to State Aid N11/95
ties, residing in Everberg (Belgium), represented by Jacques                 in favour of DAI — Sociedade de Desenvolvimento Agro-
Sambon and Pierre-Paul Van Gehuchten, of the Brussels Bar,                   industrial SA and of the Commission’s letter to the applicants
with an address for service in Luxembourg at the Chambers of                 of 19 March 1996 — the Court (Fourth Chamber), composed
Louis Schiltz, 2 Rue du Fort Rheinsheim against Commission                   of: R.M. Moura Ramos, President, R. Garcia-Valdecasas. V. Tiili,
of the European Communities (Agents: Gianluigi Valsesia and                  P. Lindh and P. Mengozzi, Judges; A. Mair, Administrator, for
Julian Currall) — application, in the first place, for annulment             the Registrar, has given a judgment on 17 June 1999, in which
of the opinion of the Disciplinary Board of 7 December 1995                  it:
and of the Commission decision of 16 January 1996 removing
the applicant from his post, and, second, for compensation —
                                                                             1. Dismisses the application.
the Court of First Instance (First Chamber), composed of
B. Vesterdorf, President, J. Pirrung and M. Vilaras, Judges; H.
Jung, Registrar, has given a judgment on 19 May 1999, the                    2. Orders the applicants to bear their own costs and to pay those
operative part of which is as follows:                                            of the defendant and the intervener DAI — Sociedade de
                                                                                  Desenvolvimento Agro-industriel SA.
1. Case T-34/96 is removed from the Register of the Court;
2. The application in Case T-163/96 is dismissed;                            3. Orders the Portuguese Republic to bear its own costs.
3. Each party shall bear its own costs.
                                                                             (1) OJ C 233 of 10.8.1996.
(1) OJ C 133 of 4.5.1996 and OJ C 370 of 7.12.1996.