CELEX: C1999/071/40
Language: en
Date: 1999-03-13 00:00:00
Title: Appeal brought on 29 January 1999 by N against the order made on 30 November 1998 by the Fifth Chamber of the Court of First Instance of the European Communities in Case T-97/94 between N and the Commission of the European Communities (Case C-21/99 P)

13.3.1999              EN                 Official Journal of the European Communities                                    C 71/23
         considered that an undertaking in difficulties, the         Ð set aside the order of the Court of First Instance of the
         position of which in terms of pricing covers the                European Communities of 30 November 1998 in Case
         middle to the top of the range, must of necessity               T-97/94;
         abandon its strategy and adopt instead a strategy
         of price dumping Ð which does not seem to                   Ð declare the action brought by the applicant on 9 March
         accord with the spirit of the guidelines.                       1994 admissible and well founded;
     Ð The Commission's finding concerning a lack of                 Ð order the Commission to pay the costs.
         proportion between State funds and the
         contribution made by the buyer does not in any              Pleas in law and main arguments adduced in support:
         way take into account the special situation of such
         buyers as the managers of the undertaking, who              Ð Infringement of Article 6 of the European Convention
         contribute sums corresponding to their personal                 on Human Rights, discrimination, breach of the
         finances and thereby show their commitment to                   principle that no person should be allowed to derive
         the restructuring plan. In addition, the                        an advantage from his own illegal acts: whilst the
         Commission has failed to take into account the                  appellant may no longer have been in the service of
         fact that the recipient undertaking constitutes a               the Commission at the time when he brought his
         small to medium-sized undertaking and the fact                  action, he was in its service at the time when he made
         that it is in an objective 2' zone, despite the fact           his complaint giving rise to the subsequent
         that provision is made for this in the guidelines.              proceedings. By failing to notify its decision rejecting
         The Commission wrongly estimates the buyer's                    his complaint until after the expiry of the period of
         contribution to amount to 12 % of the State funds               four months provided for by the Staff Regulations of
         applied; in terms of the subsidy' equivalent, the              Officials, the Commission itself created the
         proportion in question amounts to 22 %. Lastly,                 circumstances which enabled it to plead the absence of
         the restructuring measures taken (involving the                 a legal interest in bringing proceedings.
         closing down of approximately 60 % of
         production capacity, laying off of employees, etc.)         Ð Breach of the principle of the protection of, and
         clearly show that the undertaking has participated              respect for, personal rights: the Court of First Instance
         in the efforts made.                                            failed to take into account the fact that positive staff
                                                                         reports may still permit an official, even after his
     Ð As regards the criterion of preventing distortions
                                                                         service has terminated, to prove his scientific and
         of competition, the French Government considers
                                                                         professional abilities in the event of his continuing to
         that the Commission's assessment fails to take into
                                                                         pursue his professional activities, even outside the
         account the information provided by it, and that
                                                                         Community sphere.
         the decision is not sufficiently specific and
         detailed.
(1) Competition law in the European Communities', Vol. II B,
    p. 38.
                                                                           Removal from the register of Case C-204/98 (1)
                                                                                             (1999/C 71/41)
                                                                     By order of 10 December 1998 the President of the Court
Appeal brought on 29 January 1999 by N against the                   of Justice of the European Communities has ordered the
order made on 30 November 1998 by the Fifth Chamber                  removal from the register of Case C-204/98: Commission
of the Court of First Instance of the European                       of the European Communities v Hellenic Republic.
Communities in Case T-97/94 between N and the
          Commission of the European Communities                     (1) OJ C 234, 25.7.1998.
                        (Case C-21/99 P)
                         (1999/C 71/40)
An appeal against the order made on 30 November 1998
by the Fifth Chamber of the Court of First Instance of the                 Removal from the register of Case C-308/98 (1)
European Communities in Case T-97/94 between N and                                           (1999/C 71/42)
the Commission of the European Communities was
brought before the Court of Justice of the European
                                                                     By order of 16 December 1998 the President of the Court
Communities on 29 January 1999 by N, represented by
                                                                     of Justice of the European Communities has ordered the
Georges Sakellaropoulos, of the Athens Bar.
                                                                     removal from the register of Case C-308/98: Commission
                                                                     of the European Communities v Ireland.
The appellant claims that the Court should:
                                                                     (1) OJ C 299, 26.9.1998.
Ð declare the present appeal admissible and well
     founded;