CELEX: C2001/134/36
Language: en
Date: 2001-05-05 00:00:00
Title: Judgment of the Court of First Instance of 17 January 2001 in Case T-14/99: Marie-Jeanne Kraus v Commission of the European Communities (Officials — Household allowance — Recovery of undue payment — Manifest irregularity of the payment)

5.5.2001               EN                     Official Journal of the European Communities                                     C 134/17
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                  JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                of 17 January 2001
                       of 31 January 2001
                                                                         in Case T-14/99: Marie-Jeanne Kraus v Commission of the
in Case T-156/98: RJB Mining plc v Commission of the                                        European Communities (1)
                   European Communities (1)
                                                                         (Officials — Household allowance — Recovery of undue
                                                                               payment — Manifest irregularity of the payment)
(ECSC Treaty — Concentration between undertakings —
                    Admissibility — State aid)                                                     (2001/C 134/36)
                         (2001/C 134/35)                                                    (Language of the case: French)
                                                                         In Case T-14/99: Marie-Jeanne Kraus, an official of the
                   (Language of the case: English)                       Commission of the European Communities, residing in Luxem-
                                                                         bourg, represented by L. Thielen, of the Luxembourg Bar, with
                                                                         an address for service in Luxembourg at the latter’s Chambers,
In Case T-156/98: RJB Mining plc, having its registered office           10 Rue Willy Goergen, v Commission of the European
at Harworth, United Kingdom, represented by M. Brealey,                  Communities (Agents: C. Berardis-Kayser, F. Clotuche-Duvieu-
Barrister, and J. Lawrence, Solicitor, with an address for service       sart and B. Wägenbaur) — application for annulment of the
in Luxembourg at the Chambers of Arendt and Medernach,                   Commission’s decision of 19 October 1998 requiring the
8-10 Rue Mathias Hardt, against Commission of the European               applicant to reimburse the household allowance received —
Communities (Agents: K. Leivo and R. Lyal) supported by RAG              the Court of First Instance (Fourth Chamber), composed of:
Aktiengesellschaft, established in Essen (Germany), represented          P. Mengozzi, President, and V. Tiili and R.M. Moura Ramos,
by M. Hansen, Denmark, and S. Völcker, Rechtsanwalt, Berlin,             Judges; J. Palacio González, Administrator, for the Registrar,
with an address for service in Luxembourg at the Chambers of             has given a judgment on 17 January 2001, in which it:
Loesch and Wolter, 11 Rue Goethe, and by Federal Republic
of Germany, (Agents: W.-D. Plessing and C.-D. Quassowski)                1.    Dismisses the action;
— application for annulment of the Commission decision of
29 July 1998 authorising the acquisition by RAG Aktienge-                2.    Orders the parties to bear their own costs.
sellschaft of control of Saarbergwerke AG and Preussag
Anthrazit GmbH (Case No IV/ECSC.1252-RAG/Saarbergwerke                   (1) OJ C 100 of 10.4.1999.
AG/Preussag Anthrazit) — the Court of First Instance (First
Chamber), composed of: B. Vesterdorf, President, M. Vilaras
and N.J. Forwood, Judges; H. Jung, Registrar, has given a
judgment on 31 January 2001, in which it:
1.    Annuls the Commission decision of 29 July 1998 authorising
      the acquisition of control by RAG Aktiengesellschaft of                JUDGMENT OF THE COURT OF FIRST INSTANCE
      Saarbergwerke AG and Preussag Anthrazit GmbH (Case
      No IV/ECSC.1252 — RAG/Saarbergwerke AG/Preussag                                           of 16 January 2001
      Anthrazit);
                                                                         in Joined Cases T-97/99 and T-99/99: Michel Chamier and
2.    Orders the Commission to bear its own costs and to pay the              Eoghan O’Hannrachain v European Parliament (1)
      costs incurred by the applicant other than costs occasioned to
      the applicant by the interventions of RAG Aktiengesellschaft       (Officials — Grade A 1 post — Article 29(2) of the Staff
      and the Federal Republic of Germany;                               Regulations — Notice of vacancy — Manifest error of
                                                                                         assessment — Misuse of powers)
3.    Orders RAG Aktiengesellschaft and the Federal Republic of
      Germany to bear their own costs.                                                             (2001/C 134/37)
                                                                                            (Language of the case: French)
(1) OJ C 358 of 21.11.98.
                                                                         In Joined Cases T-97/99 and T-99/99: Michel Chamier, an
                                                                         official of the European Parliament, residing at Reckange-sur-
                                                                         Mess (Luxembourg), and Eoghan O’Hannrachain, an official of
                                                                         the European Parliament, residing at Cents (Luxembourg),
                                                                         represented by G. Vandersanden and L. Levi, of the Brussels