CELEX: C2000/102/44
Language: en
Date: 2000-04-08 00:00:00
Title: Judgment of the Court of First Instance of 1 February 2000 in Case T-63/98: Transpo Maastricht BV and Marco Ooms v Commission of the European Communities (Inland waterway transport — Structural improvements — Application of Regulation (EEC) No 1101/89 — Exemption)

C 102/22                EN                      Official Journal of the European Communities                                        8.4.2000
4. Orders the Commission to pay its own costs and those of the             3. Rules that there is no need to adjudicate in Case T-151/98;
     Netherlands Antilles Government in both cases;
                                                                           4. Orders the Commission to bear all the costs.
5. Orders the intervener to bear its own costs in both cases.
                                                                           (1) OJ C 151 of 16.5.1998 and C 358 of 21.11.1998.
(1) OJ C 113 of 11.4.1998 and C 137 of 2.5.1998.
                                                                               JUDGMENT OF THE COURT OF FIRST INSTANCE
    JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                  of 1 February 2000
                        of 3 February 2000
                                                                           in Case T-63/98: Transpo Maastricht BV and Marco Ooms
in Joined Cases T-46/98 and T-151/98: Council of Euro-                            v Commission of the European Communities (1)
pean Municipalities and Regions (CEMR) v the Com-
           mission of the European Communities (1)
                                                                           (Inland waterway transport — Structural improvements —
                                                                           Application of Regulation (EEC) No 1101/89 — Exemption)
(Action for annulment — European Regional Development
Fund — Reduction of financial assistance — Failure to state
    reasons — Legitimate expectations — Legal certainty)                                            (2000/C 102/44)
                          (2000/C 102/43)
                                                                                               (Language of the case: Dutch)
                     (Language of the case: French)                        In Case T-63/98: Transpo Maastricht BV, established in
                                                                           Maastricht, Netherlands and Marco Ooms, of Terneuzen,
                                                                           Netherlands, represented by M. J. van Dam, of the Rotterdam
Joined Cases T-46/98 and T-151/98, Council of European                     Bar, with an address for service in Luxembourg at the
Municipalities and Regions (CEMR), an association formed                   Chambers of Fernand Entringer, 34A Rue Philippe II v
under French law, established in Paris, represented by Daniel              Commission of the European Communities (Agents: M. Lugard
M. Tomasevic and Francis Herbert, of the Brussels Bar, with an             and L. Pignataro) — application for the annulment of the
address for service in Luxembourg at the Chambers of Katia                 Commission’s decision of 13 February 1998 refusing to grant
Manhaeve, 56-58, Rue Charles Martel, against Commission of                 the applicants, in respect of the vessel Durance, an exemption
the European Communities, (Agent: Peter Oliver) — appli-                   under Article 8(3)(c) of Council Regulation (EEC) No 1101/89
cation for the annulment of the Commission’s decision                      of 27 April 1989 on structural improvements in inland
reducing the financial assistance granted to the applicant by              waterway transport (OJ 1989 L 116, p. 25) — the Court of
the European Regional Development Fund for the European                    First Instance (Fifth Chamber), composed of: J.D. Cooke,
City Cooperation System Programme — the Court of First                     President, and R. Garcı́a-Valdecasas and P. Lindh, Judges;
Instance of the European Communities (Fourth Chamber),                     J. Palacio González, Administrator, for the Registrar, has given
composed of: R.M. Moura Ramos, President, V. Tiili and                     a judgment on 1 February 2000, in which it:
P. Mengozzi, Judges; A. Mair, Administrator, for the Registrar
has given a judgment on 3 February 2000, in which it:
                                                                           1. Dismisses the application;
1. Annuls the Commission decision contained in Debit Note
     No 970004505 F relating to the European City Cooperation              2. Orders the applicants to bear their own costs and to pay those
     System Project No 91/00/29/003, issued in December 1997                    incurred by the Commission jointly and severally.
     and amended on 15 July 1998, in so far as it concerns the
     refusal of cofinancing in respect of expenditure declared by the
     Commission to be ineligible, with the exception of expenditure
                                                                           (1) OJ C 184 of 13.6.1998.
     connected with the Strasbourg General Assembly in the amounts
     of ECU 101 598 and ECU 256 882;
2. Dismisses the remainder of the application in Case T-46/98;