CELEX: C2002/031/12
Language: en
Date: 2002-02-02 00:00:00
Title: Judgment of the Court of First Instance of 22 November 2001 in Case T-9/98: Mitteldeutsche Erdoel-Raffinerie GmbH v Commission of the European Communities (State aid — Extension of the period for completion of investment projects qualifying for a premium — General aid scheme — Action for annulment — Admissibility — Act of direct and individual concern to the applicant — Interest in bringing proceedings — Additional aid — Investment aid or operating aid — Principle of proportionality)

2.2.2002               EN                       Official Journal of the European Communities                                         C 31/7
                                                          COURT OF FIRST INSTANCE
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                    JUDGMENT OF THE COURT OF FIRST INSTANCE
                      of 22 November 2001                                                         of 23 October 2001
in Case T-9/98: Mitteldeutsche Erdoel-Raffinerie GmbH v
        Commission of the European Communities (1)                         in Case T-155/99: Dieckmann & Hansen GmbH v Com-
                                                                                     mission of the European Communities (1)
(State aid — Extension of the period for completion of
investment projects qualifying for a premium — General aid
scheme — Action for annulment — Admissibility — Act of                     (Common Agricultural Policy — Decision 1999/244/EC
direct and individual concern to the applicant — Interest in               amending Decision 97/296/EC drawing up the list of third
bringing proceedings — Additional aid — Investment aid or                  countries from which the import of fishery products is
         operating aid — Principle of proportionality)                     authorised for human consumption — Non-contractual
                                                                                              liability of the Community)
                          (2002/C 31/12)
                                                                                                     (2002/C 31/13)
                   (Language of the case: German)
                                                                                             (Language of the case: German)
In Case T-9/98: Mitteldeutsche Erdoel-Raffinerie GmbH, estab-
lished in Spergau, Germany, represented initially by M. Schütte
and M. Maier, lawyers, and subsequently by Mr Schütte and
J. Lüdicke, lawyer, with an address for service in Luxembourg,             In Case T-155/99: Dieckmann & Hansen GmbH, established
against Commission of the European Communities (Agents:                    in Hamburg (Germany), represented by H.J. Rabe, lawyer, with
V. Kreuschitz and P. Nemitz) — application for annulment                   an address for service in Luxembourg, against Commission of
of Commission Decision 98/194/EC of 1 October 1997                         the European Communities (Agents: M. Niejahr and G. Ber-
concerning the extension of the 8 % investment premium for                 scheid) — application for, first, annulment of Commission
investment projects in the new Länder pursuant to the Finance              Decision 1999/244/EC of 26 March 1999 amending Decision
Law 1996 (OJ 1998 L 73, p. 38) — the Court of First Instance               97/296/EC drawing up the list of third countries from which
(Fifth Chamber, Extended Composition), composed of P. Lindh,               the import of fishery products is authorised for human
President, R. Garcı́a-Valdecasas, J.D. Cooke, M. Vilaras and               consumption (OJ 1999 L 91, p. 37) and, secondly, damages
N.J. Forwood, Judges; D. Christensen, Administrator, for the               for loss allegedly suffered by the applicant — the Court of First
Registrar, has given a judgment on 22 November 2001, in                    Instance (Fifth Chamber), composed of P. Lindh, President,
which it:                                                                  R. Garcı́a-Valdecasas and J.D. Cooke, Judges; J. Palacio Gonzá-
                                                                           lez, Administrator, for the Registrar, has given a judgment on
                                                                           23 October 2001, in which it:
1.    Annuls Commission Decision 98/194/EC of 1 October 1997
      concerning the extension of the 8% investment premium for
      investment projects in the new Länder pursuant to the Finance        1.    Dismisses the application;
      Law 1996 in so far as it concerns the situation of the applicant;
                                                                           2.    Orders the applicant to bear its own costs and those of the
2.    Orders the Commission to bear its own costs and to pay those               Commission.
      incurred by the applicant.
                                                                           (1) OJ C 281 of 2.10.99.
(1) OJ C 72 of 7.3.98.