CELEX: C1998/113/30
Language: en
Date: 1998-04-11 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 19 February 1998 in Joined Cases T-369/94 and T-85/95: DIR International Film Srl and Others v. Commission of the European Communities (Action for annulment - Decision of the European Film Distribution Office (EFDO) - Instructions given by the Commission - Decisions imputable to the Commission - Action programme to promote the development of the European audiovisual industry (MEDIA) - Financing of film distribution - Criteria for assessment - Statement of reasons)

C 113/12               EN                 Official Journal of the European Communities                                 11.4.98
  JUDGMENT OF THE COURT OF FIRST INSTANCE                              JUDGMENT OF THE COURT OF FIRST INSTANCE
                      of 17 February 1998                                                of 19 February 1998
in Case T-107/96: Pantochim SA v. Commission of the                  in Joined Cases T-369/94 and T-85/95: DIR International
                   European Communities (1)                          Film Srl and Others v. Commission of the European
                                                                                           Communities (1)
(State aid Ð Action for failure to act Ð No need to
adjudicate Ð Action for damages Ð Claim for an order                 (Action for annulment Ð Decision of the European Film
requiring a Member State to modify the conditions for the            Distribution Office (EFDO) Ð Instructions given by the
grant of aid already accorded Ð Factual circumstances Ð              Commission Ð Decisions imputable to the Commission Ð
              Commission's lack of competence)                       Action programme to promote the development of the
                                                                     European audiovisual industry (MEDIA) Ð Financing of
                         (98/C 113/29)
                                                                     film distribution Ð Criteria for assessment Ð Statement
                                                                                              of reasons)
                                                                                            (98/C 113/30)
                (Language of the case: French)
In Case T-107/96: Pantochim SA, established at Feluy                                (Language of the case: English)
(Belgium), represented by Jacques Bourgeois, of the
Brussels Bar, with an address for service in Luxembourg at
the Chambers of Marc Loesch, 11 rue Goethe, against
Commission of the European Communities (Agents:
GeÂrard Rozet and HerveÂ Lehman), supported by French                In Joined Cases T-369/94 and T-85/95: DIR International
Republic (Agents: initially Catherine de Salins and                  Film Srl, established in Rome, Nostradamus Enterprises
FreÂdeÂric Pascal, subsequently Kareen Rispal-Bellanger and          Ltd, established in London, Union PN Srl, established in
FreÂdeÂric Pascal) Ð application for (i) a declaration that          Rome, United International Pictures BV, established in
the Commission unlawfully failed to act in not deciding,             Amsterdam, United International Pictures AB, established
pursuant to Article 93(2) of the Treaty, that France should          in Stockholm, United International Pictures APS,
modify the conditions for the grant of aid which it had              established in Copenhagen, United International Pictures
accorded for biofuels and for (ii) an award of                       A/S, established in Oslo, United International Pictures
compensation for the damage allegedly caused to the                  EPE, established in Athens, United International Pictures
applicant by that failure to act Ð the Court of First                OY, established in Helsinki, and United International
Instance (Third Chamber), composed of: B. Vesterdorf,                Pictures y Cía SRC, established in Madrid, represented by
President, C. P. BrieÈt, P. Lindh, A. Potocki, and J. D.             Michel Waelbroeck, of the Brussels Bar, with an address
Cooke, Judges; J. Palacio GonzaÂlez, Administrator, for the          for service in Luxembourg at the Chambers of Ernest
Registrar, has given a judgment on 17 February 1998, in              Arendt, 8Ð10 rue Mathias Hardt, against Commission of
which it:                                                            the European Communities (Agents: Berend Jan Drijber
                                                                     and Peter Oliver) Ð applications for the annulment of,
                                                                     first, the letters from the European Film Distribution
                                                                     Office (EFDO) to the applicants of 12 September 1994
1. declares that there is no need to adjudicate on the               adjourning the procedure in relation to applications for
     application for a declaration of failure to act,                loans under the action programme to promote the
                                                                     development of the European audiovisual industry
                                                                     (MEDIA) for the distribution of two films and/or of the
                                                                     measure whereby the Commission instructed EFDO to
2. dismisses the action for damages as unfounded,                    take those decisions; and, secondly, the measure of
                                                                     5 December 1994 whereby EFDO rejected the applications
                                                                     for loans and/or the measure whereby the Commission
                                                                     instructed EFDO to adopt that measure Ð the Court of
3. orders the applicant to pay the costs, including those            First Instance (First Chamber), composed of: A. Saggio,
     relating to the interim proceedings,                            President, V. Tiili and R. M. Moura Ramos, Judges; J.
                                                                     Palacio GonzaÂlez, Administrator, for the Registrar, has
                                                                     given a judgment on 19 February 1998, in which it:
4. orders the Government of the French Republic to bear
     its own costs.
                                                                     1. rules that there is no need to adjudicate on the
                                                                          application in Case T-369/94,
(1) OJ C 269, 14.9.1996.
                                                                     2. dismisses the application in Case T-85/95,
 ---pagebreak--- 11.4.98               EN                 Official Journal of the European Communities                                 C 113/13
3. orders the applicants to bear all the costs.                       JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                         of 19 February 1998
(1) OJ C 386, 31.12.1994 and OJ C 137, 3.6.1995.                    in Case T-142/96: Anne-Marie Toller v. Commission of
                                                                                   the European Communities (1)
                                                                    (Officials Ð Opinion of the Invalidity Committee Ð
                                                                    Incompetence Ð Decision ordering removal from post Ð
                                                                    Application for re-examination Ð Material new factor Ð
                                                                                     Time-bar Ð Admissibility)
  JUDGMENT OF THE COURT OF FIRST INSTANCE                                                   (98/C 113/32)
                     of 19 February 1998
                                                                                   (Language of the case: French)
in Case T-42/96: Eyckeler & Malt AG v. Commission of
                the European Communities (1)
                                                                    In Case T-142/96: Anne-Marie Toller, a former official of
(Action for annulment Ð Importation of high-quality beef            the Commission of the European Communities, residing in
(Hilton beef') Ð Regulation (EEC) No 1430/79 Ð                     Brussels, represented by Benoît Lombart, Eric Boigelot and
Article 13 Ð Commission decision refusing remission of              Daniel Crucq, of the Brussels Bar, with an address for
import duties Ð Rights of the defence Ð Manifest error              service in Luxembourg at the Chambers of Louis Schiltz, 2
                        of assessment)                              rue du Fort Rheinsheim, v. Commission of the European
                                                                    Communities (Agents: Julian Currall and Christine
                         (98/C 113/31)                              Berardis-Kayser) Ð application for annulment of the
                                                                    Commission's decision refusing to re-examine the decision
                                                                    of 1 July 1993 removing the applicant from her post for
               (Language of the case: German)                       incompetence Ð the Court of First Instance (Fourth
                                                                    Chamber), composed of: P. Lindh, President, and K.
                                                                    Lenaerts and J. D. Cooke, Judges; A. Mair, Administrator,
In Case T-42/96: Eyckeler & Malt AG, established in                 for the Registrar, has given a judgment on 19 February
                                                                    1998, in which it:
Hilden (Germany), represented by Dietrich Ehle and
Volker Schiller, Rechtsanwälte, Cologne, with an address
for service in Luxembourg at the Chambers of Marc                   1. dismisses the application as inadmissible,
Lucius, 6 rue Michel Welter, supported by United
Kingdom of Great Britain and Northern Ireland (Agents:
initially Stephanie Ridley, subsequently John Collins and           2. orders the parties to bear their own costs.
David Anderson) against Commission of the European
Communities (Agent: Götz zur Hausen) Ð application for              (1) OJ C 318, 26.10.1996.
annulment of the Commission Decision of 20 December
1995 (K(95) 3391 final) addressed to the Federal Republic
of Germany and concerning an application for remission
of import duties Ð the Court of First Instance (First
Chamber), composed of: A. Saggio, President, B.
Vesterdorf and R. M. Moura Ramos, Judges; J. Palacio
GonzaÂlez, Administrator, for the Registrar, has given a              JUDGMENT OF THE COURT OF FIRST INSTANCE
judgment on 19 February 1998, in which it:                                               of 19 February 1998
                                                                    in Case T-169/96: Jean-Pierre Pierard v. Commission of
                                                                                   the European Communities (1)
1. annuls the Commission's Decision of 20 December
     1995 addressed to the Federal Republic of Germany              (Representation of officials and servants of the
     and concerning an application for remission of import          Commission on administrative bodies and on organs set
     duties,                                                        up under the Staff Regulations Ð Staff assigned to posts
                                                                       outside the European Union Ð No need to adjudicate)
                                                                                            (98/C 113/33)
2. orders the Commission to pay the costs,
                                                                                   (Language of the case: French)
3. orders the United Kingdom of Great Britain and
     Northern Ireland to bear its own costs.                        In Case T-169/96: Jean-Pierre Pierard, an official of the
                                                                    Commission of the European Communities, represented
                                                                    by Nicolas LhoeÈst, of the Brussels Bar, with an address for
(1) OJ C 180, 22.6.1996.                                            service in Luxembourg at the office of Fiduciaire Myson
                                                                    SARL, 30 rue de Cessange, v. Commission of the
                                                                    European Communities (Agents: Gianluigi Valsesia and
                                                                    Christine Berardis-Kayser) Ð application for annulment of