CELEX: C2000/211/40
Language: en
Date: 2000-07-22 00:00:00
Title: Order of the Court of First Instance of 5 May 2000 in Case T-29/99: VASA Energy GmbH & Co. KG v Commission of the European Communities (Action for failure to act under the EC Treaty — Case not proceeding to judgment)

22.7.2000               EN                      Official Journal of the European Communities                                     C 211/19
2. Dismisses the remainder of the action;                                        ORDER OF THE COURT OF FIRST INSTANCE
3. Orders the Commission to pay the costs.                                                        of 13 April 2000
                                                                           in Case T-263/97: GAL Penisola Sorrentina v Commission
(1) OJ C 71 of 13.3.1999.                                                                 of the European Communities (1)
                                                                           (Economic and social cohesion — Structural interventions
                                                                           — Leader II Community initiative — Natural or legal
                                                                           persons — Measures not of individual concern to them —
                                                                                                    Inadmissibility)
                                                                                                   (2000/C 211/39)
    JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                              (Language of the case: Italian)
                          of 15 June 2000                                  In Case T-263/97: GAL Penisola Sorrentina, established in
                                                                           Naples (Italy), represented by G.L. Lemmo and V. Mormile, of
in Case T-51/99: Sophia Fantechi v Commission of the                       the Naples Bar, with an address for service at 31 Via del
                    European Communities (1)                               Parco Margherita, Naples, v Commission of the European
                                                                           Communities (Agents: J.M. Flett and F.P. Ruggeri Laderchi) —
                                                                           application for annulment of the Commission’s decision C(97)
(Officials — Expatriation allowance — Work done for an                     1261 of 15 May 1997 amending decision C(95) 444/3 of 5
international organisation established in a place other than               April 1995 concerning a grant of aid from the European
the place of employment — Article 4(1)(a) of Annex VII to                  Agricultural Guidance and Guarantee Fund (EAGGF), Guidance
                       the Staff Regulations)                              Section, from the European Regional Development Fund
                                                                           (ERDF) and from the European Social Fund (ESF) for use in
                                                                           an operational programme forming part of the Leader II
                          (2000/C 211/38)                                  Community initiative in the region of Campania in favour of
                                                                           areas falling within objective No 1 in Italy — the Court of First
                                                                           Instance (Fifth Chamber), composed of R. Garcı́a-Valdecasas,
                    (Language of the case: French)                         President, and P. Lindh and J.D. Cooke, Judges; H. Jung,
                                                                           Registrar, made an order on 13 April 2000, the operative part
                                                                           of which is as follows:
In Case T-51/99: Sophia Fantechi, a member of the temporary
staff of the Commission of the European Communities,                       1. The action is dismissed as inadmissible.
residing at Tervuren (Belgium), represented by E. Boigelot, of
the Brussels Bar, with an address for service in Luxembourg at             2. The applicant shall pay all the costs.
the Chambers of L. Schiltz, 2 Rue du Fort Rheinsheim, v
Commission of the European Communities (Agents: J. Currall                 (1) OJ C 387 of 20.12.1997.
and D. Waelbroeck) — application, first, for annulment of the
Commission’s decision of 7 July 1998 refusing to grant the
applicant the expatriation allowance provided for in Article 4
of Annex VII to the Staff Regulations of officials and, second,
for payment of that allowance together with default interest
— the Court of First Instance (Second Chamber), composed
of: J. Pirrung, President, and A. Potocki and A.W.H. Meij,                       ORDER OF THE COURT OF FIRST INSTANCE
Judges; B. Pastor, Principal Administrator, for the Registrar,
has given a judgment on 15 June 2000, in which it:                                                  of 5 May 2000
1. Annuls the Commission’s decision of 7 July 1998;                        in Case T-29/99: VASA Energy GmbH & Co. KG v
                                                                                  Commission of the European Communities (1)
2. Declares that there is no need to adjudicate on the application
     for payment of the expatriation allowance;                            (Action for failure to act under the EC Treaty — Case not
                                                                                               proceeding to judgment)
3. Orders the Commission to bear its own costs and to pay the costs
     of the applicant.                                                                             (2000/C 211/40)
                                                                                             (Language of the case: German)
(1) OJ C 136 of 15.5.1999.
                                                                           In Case T-29/99: VASA Energy GmbH & Co. KG, established
                                                                           in Hamburg (Germany), represented by D.A. Fouquet,
                                                                           Rechtsanwältin, Hamburg, with an address for service in
 ---pagebreak--- C 211/20               EN                         Official Journal of the European Communities                                          22.7.2000
Luxembourg at the Chambers of Arendt and Medernach,                          Article 1 of Commission Decision 1999/267/EC of 7 April
8-10 Rue Mathias Hardt, v Commission of the European                         1999 relating to a proceeding pursuant to Article 85 of the EC
Communities (Agent: V. Kreuschitz), supported by Federal                     Treaty [IV/36.147 EPI Code of Conduct] (OJ 1999 L 106,
Republic of Germany (Agent: C.-D. Quassowski) and RAG                        p. 14) — the President of the Court of First Instance made an
Aktiengesellschaft, established in Essen (Germany), represented              order on 14 April 2000, the operative part of which is as
by M. Hansen and S.B. Völcker, of the Brussels Bar, with an                  follows:
address for service in Luxembourg at the Chambers of Loesch
and Wolter, 11 Rue Goethe — application for a declaration                    1. The application for interim measures is dismissed.
that the Commission unlawfully refrained from examining the
alleged State aid granted by the German authorities in the
context of the amalgamation carried out, and authorised by                   2. The costs are reserved.
the Commission, within the German coal industry — the Court
of First Instance (Second Chamber, Extended Composition),
composed of: J. Pirrung, President, and J. Azizi, A. Potocki,
M. Jaeger and A.W.H. Meij, Judges; H. Jung, Registrar, made an
order on 5 May 2000, the operative part of which is as follows:
1. There is no need to give a ruling in the present case.
2. The Commission is to bear its own costs and to pay the costs                    ORDER OF THE COURT OF FIRST INSTANCE
    incurred by the applicant, apart from those relating to the grant
    to the two interveners of leave to intervene.
                                                                                                      of 12 April 2000
3. The interveners are to bear their own costs.
                                                                             in Case T-328/99 Anthony Goldstein v Commission of
                                                                                              the European Communities (1)
(1) OJ C 86 of 27.3.1999.
                                                                             (Action for compensation — Manifest inadmissibility —
                                                                                   Action manifestly lacking any foundation in law)
                                                                                                      (2000/C 211/42)
                                                                                                 (Language of the case: English)
ORDER OF THE PRESIDENT OF THE COURT OF FIRST
                            INSTANCE                                         In Case T-328/99 Anthony Goldstein, residing at Harrow,
                                                                             Middlesex (United Kingdom), represented by Raymond St John
                         of 14 April 2000                                    Murphy, Solicitor, of 3 King’s Bench Walk, Inner Temple,
                                                                             London, against Commission of the European Communities
                                                                             (Agent: Richard Lyal) — application for compensation for
in Case T-144/99 R: Institute of Professional Representa-                    damage which the applicant claims to have suffered as a result
tives before the European Patent Office v Commission of                      of the Commission’s refusal to adopt interim measures with
                  the European Communities                                   respect to the General Council of the Bar of England and Wales
                                                                             — the Court of First Instance (Fourth Chamber), composed of
                                                                             V. Tiili, President of the Chamber, R.M. Moura Ramos and
(Competition — Application for interim relief — Suspension
                                                                             P. Mengozzi, Judges; H. Jung, Registrar, has made an order on
        of operation of a measure — Urgency — None)
                                                                             12 April 2000 in which it:
                         (2000/C 211/41)                                     1. Dismisses the action;
                                                                             2. Orders the applicant to pay the costs, including those of the
                    (Language of the case: French)                               proceedings for interim relief before the President of the Court of
                                                                                 First Instance.
In Case T-144/99 R: Institute of Professional Representatives
before the European Patent Office, established in Munich
(Germany), represented by R. Collin and M.-C. Mitchell, of the               (1) OJ C 63 of 4.3.2000.
Paris Bar, with an address for service in Luxembourg at the
Chambers of Decker and Braun, 16 Avenue Marie-Thérèse, v
Commission of the European Communities (Agent: E. Gippini
Fournier) — application for suspension of operation of