CELEX: C2003/124/29
Language: en
Date: 2003-05-24 00:00:00
Title: Judgment of the Court of First Instance of 6 March 2003 in Joined Cases T-61/00 and T-62/00: Associazione Produttori Olivicoli Laziali (APOL) and Associazione Italiana Produattori Olivicoli (AIPO) v Commission of the European Communities (Agriculture — EAGF — Regulation (EEC) No 355/77 — Regulation (EEC) No 4253/88 Community Financial Assistance — Aid for the processing and marketing of agricultural products — Procedure to annul aid — Failure to comply with the conditions of grant — Force majeure — Principle of proportionality)

24.5.2003                 EN                        Official Journal of the European Union                                               C 124/17
                                                         COURT OF FIRST INSTANCE
     JUDGMENT OF THE COURT OF FIRST INSTANCE                                     JUDGMENT OF THE COURT OF FIRST INSTANCE
                           of 6 March 2003                                                             of 6 March 2003
in Cases T-228/99 and T-233/99: Westdeutsche Landes-                        in Joined Cases T-61/00 and T-62/00: Associazione Pro-
bank Girozentrale and Land Nordrhein-Westfalen v Com-                       duttori Olivicoli Laziali (APOL) and Associazione Italiana
           mission of the European Communities (1)                          Produattori Olivicoli (AIPO) v Commission of the Euro-
                                                                                                    pean Communities (1)
(State aid — Commission’s lack of competence — Infringe-
                                                                            (Agriculture — EAGF — Regulation (EEC) No 355/77
ment of the rights of the defence — Infringement of essential
                                                                            — Regulation (EEC) No 4253/88 Community Financial
procedural requirements — Concept of aid — Infringement                     Assistance — Aid for the processing and marketing of
of Articles 87 EC and 295 EC — Market economy investor
                                                                            agricultural products — Procedure to annul aid — Failure
— Appropriate rate of remuneration — Infringement of the
                                                                            to comply with the conditions of grant — Force majeure —
                      obligation to state reasons)
                                                                                                Principle of proportionality)
                           (2003/C 124/28)                                                             (2003/C 124/29)
                     (Language of the case: German)                                              (Language of the case: Italian)
In Cases T-228/99 and T-233/99: Westdeutsche Landesbank                     In Joined Cases T-61/00 and T-62/00: Associazione Produttori
Girozentrale, established in Düsseldorf (Germany), represented              Olivicoli Laziali (APOL), established in Rome, Associazione
by F. Montag, lawyer, with an address for service in Luxem-                 Italiana Produttori Olivicoli (AIPO), established in Rome,
bourg, and Land Nordrhein-Westfalen, represented by                         represented by E. Cappelli, P. de Caterini, F. Lepri and
M. Schütte, lawyer, with an address for service in Luxembourg,              R. Vaccarella, lawyers, with an address for service in Luxem-
supported by Federal Republic of Germany (Agents: W.-                       bourg, against Commission of the European Communities
D. Plessing, assisted by H.-F. Wissel), against Commission of               (Agents: C. Cattabriga and M. Moretto)
the European Communities (Agents: K.-D. Borchardt and V.
Kreuschitz) supported by Bundesverband deutscher Banken eV,                 —      application, in Case T-61/00, for annulment of Decision C
established in Berlin (Germany), represented by H.-J. Niemeyer,                    (1999) 4561 of the Commission, of 14 December 1999,
lawyer — application for annulment of Commission Decision                          withdrawing the financial contribution granted from the
2000/392/EC of 8 July 1999 on a measure implemented by                             European Agricultural Guidance and Guarantee Fund to
the Federal Republic of Germany for Westdeutsche Landesbank                        the applicant by Decision C (84) 1100/293 of the
— Girozentrale (WestLB) (OJ 2000 L 150, p. 1) — the Court                          Commission, of 20 December 1984,
of First Instance (Second Chamber, Extended Composition),
composed of R.M. Moura Ramos, President, V. Tiili, J. Pirrung,              —      in Case T-62/00, for annulment of Decision C (1999)
P. Mengozzi and A.W.H. Meij, Judges; D. Christensen, Adminis-                      4559 of the Commission, of 14 December 1999, with-
trator, for the Registrar, has given a judgment on 6 March                         drawing the financial contribution from the European
2003, in which it:                                                                 Agricultural Guidance and Guarantee Fund granted to the
                                                                                   applicant by Decision C (84) 500/213 of the Commission,
                                                                                   of 29 June 1984
1.     Annuls Commission Decision 2000/392/EC of 8 July 1999
       on a measure implemented by the Federal Republic of Germany          the Court of First Instance (Second Chamber), composed of
       for Westdeutsche Landesbank — Girozentrale (WestLB);                 R.M. Moura Ramos, President, and J, Pirrung and A.W.H. Meiji,
                                                                            Judges; J. Palacio Gonzàlez, Principle Administrator, for the
2.     Orders the Commission to pay the costs of the applicants and         Registrar, has given a judgment on 6 March 2003, in which it:
       to bear its own costs;
                                                                            1.     Dismisses the applications;
3.     Orders the Federal Republic of Germany and the Bundesverband
       deutscher Banken eV to bear their own costs.                         2.     In each case, orders the applicant concerned to bear all the costs.
( 1) OJ C 6 of 8.1.2000.                                                    (1 ) OJ C 135 of 13.5.2000.