CELEX: C2002/169/51
Language: en
Date: 2002-07-13 00:00:00
Title: Judgment of the Court of First Instance of 10 April 2002 in Case T-209/00, Frank Lamberts v European Ombudsman (Action for damages — Admissibility — Non-contractual liability — European Ombudsman — Conduct of Ombudsman in dealing with a complaint)

13.7.2002             EN                      Official Journal of the European Communities                                            C 169/29
                                                       COURT OF FIRST INSTANCE
    JUDGMENT OF THE COURT OF FIRST INSTANCE                              1.    Annuls Article 5 of Commission Decision 94/985/EC of
                                                                               21 December 1994 relating to a proceeding pursuant to
                                                                               Article 85 of the EC Treaty (IV/33.218 — Far Eastern Freight
                       28 February 2002                                        Conference) in so far as it imposes a fine on the applicants;
                                                                         2.    Dismisses the remainder of the action;
in Case T-86/95: Compagnie générale maritime v Com-
          mission of the European Communities (1)                        3.    Orders the applicants to bear their own costs and to pay four
                                                                               fifths of those incurred by the Commission and four fifths of
                                                                               those incurred by the ECTU, including those relating to the
(Competition — Liner conferences — Intermodal transport                        application for interim measures;
— Regulation (EEC) No 4056/86 — Scope — Block
exemption — Regulation No 1017/68 — Individual exemp-                    4.    Orders the Commission to bear one fifth of its own costs,
                          tion — Fine)                                         including those relating to the application for interim measures;
                                                                         5.    Orders the ECSA and the JSA to bear their own costs and the
                        (2002/C 169/50)                                        costs of the Commission relating to their interventions;
                                                                         6.    Orders the ECTU to bear one fifth of its own costs, including
                  (Language of the case: English)                              those relating to the application for interim measures.
                                                                         (1) OJ C 137 of 3.6.95.
In Case T-86/95, Compagnie Générale Maritime, established
in Suresnes (France), Hapag-Lloyd Aktiengesellschaft, estab-
lished in Hamburg (Germany), Kawasaki Kisen Kaisha Limited,
established in Tokyo (Japan), Lloyd Triestino di Navigazione
SpA, established in Trieste (Italy), AP Møller-Mærsk Line,
established in Copenhagen (Denmark), Malaysian International                 JUDGMENT OF THE COURT OF FIRST INSTANCE
Shipping Corporation Berhad, established in Kuala Lumpur
(Malaysia), Mitsui OSK Lines Ltd, established in Tokyo,
Nedlloyd Lijnen BV, established in Rotterdam (the Nether-                                          of 10 April 2002
lands), Neptune Orient Lines Ltd, established in Singapore
(Singapore), Nippon Yusen Kabushiki Kaisha, established in               in Case T-209/00, Frank Lamberts v European Ombuds-
Tokyo, Orient Overseas Container Line, established in Hong                                               man (1)
Kong (China), P & O Containers Ltd, established in London
(United Kingdom), Wilh. Wilhemsen Ltd A/S, established in                (Action for damages — Admissibility — Non-contractual
Oslo (Norway), represented by P. Ruttley, Solicitor, J. Pheasant         liability — European Ombudsman — Conduct of Ombuds-
and A. Mariott, lawyers, with an address for service in                                   man in dealing with a complaint)
Luxembourg, supported by The European Community Ship-
owners’ Associations, having their registered office in Brussels
(Belgium), represented by D. Waelbroeck, lawyer, with an                                           (2002/C 169/51)
address for service in Luxembourg, and The Japanese Ship-
owners’ Association, having its registered office in Tokyo,                                  (Language of the case: French)
represented by F. Randolph, Barrister, and F. Murphy, Solicitor,
with an address for service in Luxembourg, v Commission of
the European Communities (Agents: B. Langeheine and
R. Lyal), supported by The European Council of Transport                 In Case T-209/00, Frank Lamberts, residing at Linkebeek
Users ASBL, established in Brussels, including The European              (Belgium), represented by E. Boigelot, lawyer, with an address
Shippers Council, represented by M. Cough, barrister, with an            for service in Luxembourg, against European Ombudsman
address for service in Luxembourg: Application for annulment             (Agent: J. Sant’Anna) — application for compensation for
of Commission Decision 94/985/EC of 21 December 1994                     material and non-material damage allegedly suffered by the
relating to a proceeding under Article 85 of the EC Treaty (IV/          applicant as a result of the conduct of the European Ombuds-
33.218 — Far Eastern Freight Conference) (OJ 1994 L 378,                 man in dealing with his complaint — the Court of First
p. 17), the Court of First Instance (Third Chamber), composed            Instance (Third Chamber), composed of M. Jaeger, President,
of: K. Lenaerts, President, J. Azizi and M. Jaeger, Judges;              K. Lenaerts and J. Azizi, Judges; J. Plingers, Administrator, for
Y. Mottard, Legal Secretary, for the Registrar, has given a              the Registrar, has given a judgment on 10 April 2002, in
judgment on 28 February 2002, in which it:                               which it:
 ---pagebreak--- C 169/30                EN                      Official Journal of the European Communities                                          13.7.2002
1.    Dismisses the application;                                               JUDGMENT OF THE COURT OF FIRST INSTANCE
2.    Orders each party to bear its own costs.
                                                                                                     30 April 2002
(1) OJ C 316 of 4.11.00.                                                   In Joined Cases T-195/01 and T-207/01: Government of
                                                                            Gibraltar v Commission of the European Communities (1)
                                                                           (State aid — Tax legislation — Existing aid or new aid —
                                                                           Initiation of the formal investigation procedure provided for
                                                                                                  in Article 88(2) EC)
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                                         (2002/C 169/53)
                            3 May 2002                                                        (Language of the case: English)
in Case T-177/01: Jégo-Quéré et Cie SA v Commission of
                 the European Communities (1)
                                                                           In Joined Cases T-195/01 and T-207/01, Government of
(Fisheries — Regulation (EC) No 1162/2001 — Recovery of                    Gibraltar, represented by A. Sutton and M. Llamas, Barristers,
the stock of hake — Fishing company — Action for                           and W. Schuster, lawyer, with an address for service in
annulment — Person individually concerned — Admissi-                       Luxembourg, v Commission of the European Communities
                               bility)                                     (Agent: V. Di Bucci and R. Lyal), supported by Kingdom of
                                                                           Spain (Agent: R. Silva de Lapuerta): Application for annulment
                                                                           of decisions SG(2001) D/289755 and SG(2001) D/289757 of
                          (2002/C 169/52)                                  the Commission of 11 July 2001 initiating the procedure
                                                                           provided for by Article 88(2) EC in respect of the Gibraltarian
                    (Language of the case: French)                         legislation on exempt companies and qualifying companies,
                                                                           the Court of First Instance (Second Chamber, Extended Com-
                                                                           position), composed of: R.M. Moura Ramos, President, V. Tiili,
                                                                           J. Pirrung, P. Mengozzi and A.W.H. Meij, Judges; J. Plingers,
                                                                           Administrator, for the Registrar, has given a judgment on
In Case T-177/01, Jégo-Quéré et Cie SA, established at Lorient             30 April 2002, in which it:
(France), represented by A. Creus Carreras, B. Uriarte Valiente
and A. Agustinoy Guilayn, lawyers, v Commission of the
European Communities (Agents: T. van Rijn and A. Bordes):                  1.    In Case T-195/01:
Application for annulment of Articles 3(d) and 5 of Com-
mission Regulation (EC) No 1162/2001 of 14 June 2001
establishing measures for the recovery of the stock of hake in                   (a)  Annuls decision SG (2001) D/289755 of the Com-
ICES sub-areas III, IV, V, VI and VII and ICES divisions VIII a,                      mission of 11 July 2001 initiating the procedure laid
b, d, e and associated conditions for the control of activities of                    down in Article 88(2) EC in respect of the Gibraltar
fishing vessels (OJ 2001 L 159, p. 4), the Court of First                             exempt companies legislation;
Instance (First Chamber, Extended Composition), composed
of: B. Vesterdorf, President, K. Lenaerts, J. Azizi, N.J. Forwood                (b) Orders the Commission to pay the costs incurred by the
and H. Legal, Judges; D. Christensen, Administrator, for the                          Government of Gibraltar and to bear its own costs, with
Registrar, has given a judgment on 3 May 2002, in which it:                           the exception of the costs of the interlocutory proceedings
                                                                                      in Case T-195/01 R, which shall be paid in their entirety
                                                                                      by the Government of Gibraltar;
1.    Dismisses the objection of inadmissibility;
                                                                                 (c)  Orders the Kingdom of Spain to bear its own costs;
2.    Orders that the proceedings be continued in relation to the
      substance;
                                                                           2.    In Case T-207/01:
3.    Reserves the costs.
                                                                                 (a)  Dismisses the application;
(1) OJ C 289 of 13.10.2001.                                                      (b) Orders the Government of Gibraltar to pay the costs
                                                                                      incurred by the Commission and to bear its own costs,
                                                                                      including those incurred in the interlocutory proceedings
                                                                                      in Case T-207/01 R;