CELEX: C1995/286/23
Language: en
Date: 1995-10-28 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 13 September 1995 in Joined Cases T-244/93 and T-486/93: TWD Textilwerke Deggendorf GmbH v. Commission of the European Communities (State aid - Commission decisions suspending payment of certain aids until previous unlawful aids have been repaid)

28 . 10 . 95             EN                   Official Journal of the European Communities                                No C 286/9
(Third Chamber ), composed of J. Biancarelli, President,                  JUDGMENT OF THE COURT OF FIRST INSTANCE
C. P. Briet and C. W. Bellamy, Judges; H. Jung, Registrar,                                       of 13 July 1995
gave a judgment on 13 July 1995 , in which it:
                                                                            in Case T-176/94: K v. Commission of the European
                                                                                                 Communities ( ] )
1 . dismisses the applications;                                          (Officials — European Convention for the protection of
                                                                         human rights and fundamental freedoms — Complaint —
2 . orders the applicants to bear their own costs and those                            Right to respect for private life)
     incurred by the Council;                                                                      ( 95/C 286/22 )
3 . orders the Commission to bear its own costs.                                        (Language of the case: French)
(') OJ No C 91 , 1 . 4 . 1993 , OJ No C 124, 6 . 5 . 1993 and OJ No      In Case T-176/94 : K, an official of the Commission of the
     C 159 , 11 . 6 . 1993 .                                             European Communities, residing in Brussels, represented by
                                                                         Jean-Noel Louis, of the Brussels Bar, with an address for
                                                                         service in Luxembourg at the office of Fiduciaire Myson
                                                                         Sari, 1 Rue Glesener, v. Commission of the European
                                                                         Communities ( Agents : Ana Maria Alves Vieira and Denis
                                                                         Waelbroeck ) — application for the annulment of the
                                                                         Commission decision rejecting by implication the
 JUDGMENT OF THE COURT OF FIRST INSTANCE                                 applicant's claim for compensation and of the express
                                                                         decision rejecting his complaint and, in addition, an
                             of 13 July 1995                             application for compensation — the Court of First Instance
in Case T-545/93 : Heinz Kschwendt v. Commission of the                  (Third Chamber ), composed of J. Biancarelli, President,
                      European Communities ( ] )                         C. P. Briet and C. W. Bellamy, Judges; J. Palacio Gonzalez,
(Officials — Dependent child allowance — Education                       Registrar, has given a judgment on 13 July 1 995 , in which it
                                                                         rules :
allowance — Medical expenses — Recovery of undue
                                 payment)
                              ( 95/C 286/21 )                            1 . the application is dismissed;
                  (Language of the case: French)                         2 . the parties are ordered to bear their own costs.
In Case T-545/93 : Heinz Kschwendt, an official of the                   (') OJ No C 161 , 11 . 6 . 1994 .
Commission of the European Communities, residing in
Luxembourg, represented by Georges Vandersanden and
Laure Levi, of the Brussels Bar, with an address for service in
Luxembourg at the office of Fiduciaire Myson Sari, 1 Rue
Glesener, v. Commission of the European Communities
( Agents : Ana Maria Alves Vieira and Bertrand Wagenbaur )
— application for the annulment of the decisions of the                   JUDGMENT OF THE COURT OF FIRST INSTANCE
Commission of 3 February 1993 , 29 March 1993 and                                           of 13 September 1995
2 1 June 1993 declaring that the applicant was not entitled to
certain benefits in respect of his daughter and ordering the             in Joined Cases T-244/93 and T-486/93 : TWD
recovery of sums unduly paid — the Court of First Instance               Textilwerke Deggendorf GmbH v. Commission of the
( Third Chamber ), composed of J. Biancarelli , President, and                            European Communities ( 1 )
C. P. Briet and C. W. Bellamy, Judges; H. Jung, Registrar,               (State aid — Commission decisions suspending payment of
has given a judgment on 13 July 1995 , in which it:                      certain aids until previous unlawful aids have been
                                                                                                       repaid)
 1 . takes cognizance of the partial withdrawal of the claims                                      ( 95/C 286/23 )
     contained in the application, to the extent specified in
     paragraph 25 of the judgment;                                                     (Language of the case: German)
2 . dismisses the action;
                                                                         In Joined Cases T-244/93 and T-486/93 : TWD Textilwerke
                                                                         Deggendorf GmbH, established in Deggendorf ( Germany ),
3 . orders the defendant to pay all of the costs.                        represented by Walter Forstner, Lutz Radtke and
                                                                         Karl-Heinz Schupp, Rechtsanwalte, Deggendorf, assisted by
(') OJ No C 313 , 19 . 11 . 1993 .                                       Michael Schweitzer, Professor at the University of Passau,
                                                                         with an address for service in Luxembourg at the office of
                                                                         M. Stein, Bayerische Landesbank International SA, 7—9
                                                                         Boulevard Royal, supported by Federal Republic of
 ---pagebreak--- No C 286/ 10           EN                  Official Journal of the European Communities                                    28 . 10 . 95
Germany ( Agents : Ernst Röder and Bernd Kloke ) v.                   Claude Chavance ) and Italian Republic ( Agent: Danilo Del
Commission of the European Communities ( Agents :                     Gaizo ) — application for the annulment of Commission
Antonino Abate, Bernhard Jansen, Bernard Langeheine,                  Decision 93/ 127/EEC of 25 February 1993 introducing
Claus Michael Happe and Meinhard Hilf) — application for              safeguard measures in respect of rice originating in the
annulment        of  Article   2   of   Commission      Decision      Netherlands Antilles ( OJ 1993 L 50 , p. 27 ) and of
91 /391 /EEC of 26 March 1991 on aid granted by the                   Commission Decision 93/21 1 /EEC of 13 April 1993
German Government to Deggendorf GmbH, a producer of                   modifying Decision 93/ 127/EEC ( OJ 1993 L 90 , p. 36 ), and
polyamide and polyester yarns located in Deggendorf                   for an order that the Commission make good the damage
( Bavaria ) ( OJ 1991 L 215 , p. 16 ), and of Article 2 of            which the applicants consider they have suffered and may
Commission Decision 92/330/EEC of 18 December 1991 on                 yet suffer as a result of the adoption of those decisions — the
aid by Germany to the Deggendorf textile works ( OJ 1992              Court of First Instance ( Fourth Chamber, extended
L 1 83 , p. 36 ) — the Court of First Instance ( Third Chamber,       composition ), composed of K. Lenaerts, President, R.
extended composition ), composed of J. Biancarelli,                   Schintgen, C. P. Briët, R. García-Valdecasas and C. W.
President, R. Schintgen, C. P. Briët, R. García-Valdecasas            Bellamy, Judges; H. Jung, Registrar, gave a judgment on
and C. W. Bellamy, Judges; H. Jung, Registrar, has given a            14 September 1995 , in which it:
judgment on 13 September 1995 , in which it:
                                                                      1 . annuls Article 1 ( 1 ) of Commission Decision
1 . dismisses the actions;                                                 93/127/EEC of 25 February 1993 introducing
                                                                          safeguard measures in respect of rice originating in the
                                                                           Netherlands Antilles ;
2 . orders the applicant to bear its own costs, as well as
     those of the defendant;
                                                                      2 . dismisses the remainder of the applications;
3.   the intervener shall bear its own costs.
                                                                      3.   orders the Commission to bear its own costs and
0 ) OJ No C 212 , 14 . 8 . 1991 and OJ No C 167, 4 . 7 . 1992 .
                                                                           one-third of the applicant's costs, the applicants to bear
                                                                           two-thirds of their own costs and the interveners to bear
                                                                           their own costs .
                                                                      (') OJ No C 171 , 22 . 6 . 1993 .
 JUDGMENT OF THE COURT OF FIRST INSTANCE
                     of 14 September 1995
in Joined Cases T-480/93 and T-483/93 : Antillean Rice
Mills and Others v. Commission of the European                        JUDGMENT OF THE COURT OF FIRST INSTANCE
                         Communities ( ] )
                                                                                           of 14 September 1995
(Association of the overseas countries and territories —
                                                                      in Case T-571 /93 : Lefebvre Frères et Soeurs v. Commission
Safeguard measure — Application for annnulment —
                          Admissibility)                                             of the European Communities ( 1 )
                          ( 95/C 286/24 )                             (Agriculture — Bananas — Action for damages — Delay in
                                                                      submitting a proposal for a regulation establishing the
                                                                      common organiziation of the market — Validity of
                  (Language of the case: Dutch)                       decisions ofthe Commission based on Article 115 of the EC
                                                                                                     Treaty)
In Joined Cases T-480/93 : Antillean Rice Mills NV,                                              ( 95/C 286/25 )
established in Bonaire, Netherlands Antilles, and Trading &
Shipping Co. Ter Beek BV, established in Amsterdam,                                    (Language of the case: French)
represented by Paul Glazener and Winfred Knibbeler, of the
Rotterdam Bar, with an address for service in Luxembourg
at the Chambers of Marc Loesch, 11 Rue Goethe; and                    In Case T-571 /93 : Lefebvre Freres et Soeurs, established at
T-483/93 : European Rice Brokers AW, established in                   Douai ( France ), GIE Fructifruit, established at Barentin
 Oranjestad, Aruba, Alesie Curaçao NV, established in                 ( France ), Association des Mûrisseurs Indépendants,
Willemstad, Curaçao , Netherlands Antilles, and Guyana                established at Dieppe ( France ), and Star Fruits Cie,
 Investments AW, established in Oranjestad, Aruba,                    established in Brussels, represented by Jean-Philippe Kunlin
 represented by Johan Pel, of the Amsterdam Bar, with an              and Jean-Paul Montenot, of the Paris Bar, with an address
 address for service in Luxembourg at the Chambers of Luc             for service in Luxembourg at the Chambers of Arendt &
 Frieden, 62 Avenue Guillaume, against Commission of the              Medernach , 8-10 Rue Mathias Hardt, v. Commission of the
 European Communities (Agents: Etienne Lasnet, Thomas                 European Communities ( agents : Gerard Rozet and Marc de
 van Rijn and Marc van der Woude ), supported by Council              Pauw ), supported by the French Republic ( agents: Catherine
 of the European Union (Agent: Guus Houttuin ), French                 de Salins and Nicolas Eybalin ) — application for damages
 Republic (Agents: Edwige Belliard, Catherine de Salins and            pursuant to Article 178 and the second paragraph