CELEX: C1999/265/15
Language: en
Date: 1999-09-18 00:00:00
Title: Judgment of the Court of First Instance of 7 July 1999 in Case T-106/96: Wirtschaftsvereinigung Stahl v Commission of the European Communities (ECSC - Action for annulment - Admissibility - State aid - Individual decision authorising State aid to a steel undertaking - Legal basis - Article 4(c) and Article 95, first paragraph, of the Treaty - Incompatibility with the provisions of the Treaty - Principle of equal treatment - Principle of proportionality - Legitimate expectations - Counterpart measures in exchange for public funding - No capacity reduction required - Infringement of essential procedural requirements)

18.9.1999             EN                     Official Journal of the European Communities                                           C 265/9
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                 JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                 of 22 April 1999
                         of 7 July 1999
                                                                        in Joined Cases T-148/96 and T-174/96: Ernesto Brognieri
                                                                               v Commission of the European Communities (1)
in Case T-106/96: Wirtschaftsvereinigung Stahl v Com-
          mission of the European Communities (1)
                                                                        (Officials — Actions for annulment and damages — Wheth-
                                                                        er admissible — Failure to comply with the judgment in Case
(ECSC — Action for annulment — Admissibility — State                    T-583/93 — Article 26 of the Staff Regulations — Manifest
aid — Individual decision authorising State aid to a steel                                             error)
undertaking — Legal basis — Article 4(c) and Article 95,
first paragraph, of the Treaty — Incompatibility with the
provisions of the Treaty — Principle of equal treatment —                                        (1999/C 265/16)
Principle of proportionality — Legitimate expectations —
Counterpart measures in exchange for public funding — No
capacity reduction required — Infringement of essential
                    procedural requirements)                                                (Language of the case: French)
                                                                        In Joined Cases T-148/96 and T-174/96: Ernesto Brognieri, an
                        (1999/C 265/15)                                 official of the Commission of the European Communities,
                                                                        residing at Barasso (Italy), represented by Eric Boigelot, of the
                                                                        Brussels Bar, with an address for service in Luxembourg at the
                                                                        Chambers of Louis Schiltz, 2 Rue du Fort Rheinsheim v
                                                                        Commission of the European Communities (Agents: Florence
                  (Language of the case: German)                        Clotuche and Alberto Dal Ferro)
                                                                        — application, in Case T-148/96, for (1) annulment of the
                                                                             Commission decision on 28 November 1995 confirming
In Case T-106/96: Wirtschaftsvereinigung Stahl, established                  the decision of 22 February 1993 withdrawing the appli-
in Düsseldorf Germany, represented by Jochim Sedemund,                       cant from shift-work in the fire service and the Commission
Rechtsanwalt, Berlin, with an address for service in Luxem-                  decision of 21 June 1996 rejecting the applicant’s com-
bourg at the Chambers of Aloyse May, 31 Grand-Rue v                          plaint, and (2) compensation and interest for the material
Commission of the European Communities (Agents: Paul                         and non-material damage suffered by the applicant; and
Nemitz and Frank Paul) supported by the Council of the
European Union (Agents: Guus -Houttuin and Stephan Mar-
quardt), application for annulment of Commission Decision               — in Case T-174/96, for (1) annulment of the Commission
96/315/ECSC of 7 February 1996 concerning aid to be granted                  decision of 30 November 1995 granting an allowance
by Ireland to the steel company Irish Steel (OJ 1996 L 121,                  contrary to the operative part of the judgment of the Court
p. 16) — the Court of First Instance (Fourth Chamber,                        of First Instance in Case T-583/93 P v Commission [1995]
Extended Composition), composed of: R.M. Moura Ramos,                        ECR-SC II-433, in so far as that decision awards shiftwork
President, and R. Garcia-Valdecasas, V.Tiili, P. Lindh and P.                allowances in respect solely of the period between 1 March
Mengozzi Judges; A. Mair, Administrator, for the Registrar, has              1993 and 31 December 1993, and of the Commission
given a judgment on 7 July 1999, in which it:                                decision of 21 June 1996, referred to above, rejecting the
                                                                             applicant’s complaint, and (2) payment of all sums due to
                                                                             the applicant by way of damages to be paid in whole, both
1. Dismisses the action.                                                     principal and default interest — the Court of First Instance
                                                                             (Fourth Chamber), composed of P. Lindh, President,
                                                                             K. Lenaerts and J.D. Cooke, Judges; H. Jung, Registrar, gave
2. Orders the applicant to pay its own costs and those of the                a judgment on 22 April 1999, the operative part of which
     defendant.                                                              is as follows:
                                                                        1. The decision of 28 November 1995 addressed to the applicant
3. Orders the Council to bear its own costs.                                 by Mr Agazzi is annulled.
                                                                        2. The decision of 30 November 1995 addressed to the applicant
(1) OJ C 269 of 14.9.1996.                                                   by Mr Chambaud is annulled in so far as it restricts payment of
                                                                             the sums to the applicant by way of shiftwork allowances to the
                                                                             period between 1 March 1993 and 31 December 1993.
                                                                        3. The Commission is ordered to pay the applicant the sum of
                                                                             LIT 24 000 000.