CELEX: C2002/219/39
Language: en
Date: 2002-09-14 00:00:00
Title: Judgment of the Court of First Instance of 11 July 2002 in Case T-152/99: Hĳos de Andrés Molina, SA (Hamsa) v Commission of the European Communities (State aid — Action for annulment — Aid granted on the basis of general aid schemes approved by the Commission — Aid for rescue and restructuring of firms in difficulty — Private investor criterion — Remission of debts — Manifest error of assessment — Effect on trade between Member States)

14.9.2002              EN                       Official Journal of the European Communities                                           C 219/15
                                                         COURT OF FIRST INSTANCE
   JUDGMENT OF THE COURT OF FIRST INSTANCE                                 4.     Dismisses the application in Case T-18/00 as inadmissible.
                                                                           5.     The parties shall bear their own costs, including those incurred
                          of 11 July 2002                                         in the proceedings for interim relief.
                                                                           (1 ) OJ No C 246 of 28.8.1999 and OJ No C 79 of 18.3.2000.
in Joined Cases T-137/99 and T-18/00: Natalia Martínez
Páramo and Serena Angioli and Others v Commission of
                  the European Communities (1)
(Temporary agent’s contract — Admissibility — Act
adversely affecting an official — Compliance with time-
limits set by Staff Regulations — Second renewal of a
                                                                                JUDGMENT OF THE COURT OF FIRST INSTANCE
temporary agent’s contract — Articles 2(a) and (b), 3(a), 8,
9, 10(1), 12, 13, 14 and 15 of the CEOS — Termination of
a fixed-term contract — Notice provided for in Articles 47(2)                                         of 11 July 2002
                          and 74 CEOS)
                                                                           in Case T-152/99: Hijos de Andrés Molina, SA (Hamsa) v
                                                                                   Commission of the European Communities ( 1)
                         (2002/C 219/38)
                                                                           (State aid — Action for annulment — Aid granted on the
                    (Language of the case: French)                         basis of general aid schemes approved by the Commission —
                                                                           Aid for rescue and restructuring of firms in difficulty —
                                                                           Private investor criterion — Remission of debts — Manifest
                                                                           error of assessment — Effect on trade between Member
                                                                                                            States)
In Joined Cases T-137/99 and T-18/00: Natalia Martínez                                                (2002/C 219/39)
Páramo, residing in Brussels, and 32 others, and Serena
Angioli, residing in Brussels, and 4 others, former temporary
agents of the Commission of the European Communities,                                          (Language of the case: Spanish)
represented by E. Boigelot, lawyer, with an address for
service in Luxembourg, against Commission of the European
Communities (Agents: initially G. Valsesia, subsequently F. Clo-
tuche-Duvieusart) — application for, first, annulment of the
                                                                           In Case T-152/99: Hijos de Andrés Molina, SA (Hamsa),
decisions of the Commission of 23 March, 18 May and                        established in Seville (Spain), represented by L. M. Olivencia
31 May 1999 confirming the termination of the applicants’
                                                                           Brugger and J. L. Ballester García-Izquierdo, lawyers, with an
employment contracts of 30 June 1999 and the expiry date
                                                                           address for service in Luxembourg, supported by Kingdom of
for each of those contracts and, secondly, annulment of the                Spain (Agent: D. S. Ortiz Vaamonde), against Commission of
legal characterisation of the applicants’ contracts — the Court
                                                                           the European Communities (Agents: I. Martínez del Peral and
of First Instance (Fifth Chamber), composed of J.D. Cooke,
                                                                           D. Triantafyllou) — application for annulment of Commission
President, R. García-Valdecasas and P. Lindh, Judges; J. Plingers,         Decision 1999/484/EC of 3 February 1999 concerning State
Administrator, for the Registrar, gave a judgment on 11 July
                                                                           aid which the Spanish Government has granted to the
2002, in which it:                                                         company Hijos de Andrés Molina SA (Hamsa) (OJ 1999 L 193,
                                                                           p. 1) — the Court of First Instance (Fifth Chamber, Extended
                                                                           Composition), composed of P. Lindh, President, R. García-
1.    Declares admissible the application in Case T-137/99 in so           Valdecasas, J.D. Cooke, M. Vilaras and N.J. Forwood, Judges;
      far as it was made by Mr Marenne.                                    O. Speltdoorn, Legal Secretary, for the Registrar, has given a
                                                                           judgment on 11 July 2002, in which it:
2.    Declares inadmissible the application in Case T-137/99 in so
      far as it was made by the other applicants.                          1.     Annuls Article 1(3) of Commission Decision 1999/484/EC
                                                                                  of 3 February 1999 concerning State aid which the Spanish
                                                                                  Government has granted to the company Hijos de Andrés
3.    Dismisses the application in Case T-137/99.                                 Molina SA (Hamsa).
 ---pagebreak--- C 219/16                 EN                     Official Journal of the European Communities                                    14.9.2002
2.     Annuls Articles 3 of Decision 1999/84 in so far as it obliges            JUDGMENT OF THE COURT OF FIRST INSTANCE
       the Kingdom of Spain to recover State aid granted in the form
       of debt cancellation by public bodies.                                                         of 12 June 2002
3.     Dismisses the remainder of the application.
                                                                           in Case T-66/00: B v Commission of the European
                                                                                                      Communities ( 1)
4.     Orders the Commission to bear its own costs and 30 % of the
       costs incurred by the applicant.
                                                                           (Officials — Education allowance — Dependent child allow-
                                                                            ance — Conditions of grant — Recovery of undue payment)
5.     Orders the Kingdom of Spain to bear its own costs.
                                                                                                      (2002/C 219/41)
( 1) OJ C 246 of 28.8.1999.
                                                                                               (Language of the case: French)
                                                                           In Case T-66/00: B, an official of the Commission of the
                                                                           European Communities, residing at Tervuren (Belgium), rep-
                                                                           resented by J.-N. Louis, G.-F. Parmentier and V. Peere, lawyers,
     JUDGMENT OF THE COURT OF FIRST INSTANCE                               with an address for service in Luxembourg, v Commission of
                                                                           the European Communities (Agent: J. Currall) — application
                                                                           for annulment of the Commission’s decision of 4 March
                             11 July 2002                                  1999 discontinuing, with effect from 1 September 1997, the
                                                                           education allowance and dependent child allowance paid to
                                                                           the applicant — the Court of First Instance (Fourth Chamber),
in Case T-205/99: Hyper Srl v Commission of the Euro-                      composed of: M. Vilaras, President, and V. Tiili and P. Mengoz-
                        pean Communities (1)                               zi, Judges; D. Christensen, Administrator, for the Registrar, has
                                                                           given a judgment on 12 June 2002, in which it:
(Customs duties — Importation of television sets from India
— Invalid certificates of origin — Application for remission               1.     Dismisses the application;
of import duties — Article 13(1) of Regulation (EEC)
   No 1430/79 — Rights of the defence — Special situation)                 2.     Orders the parties to bear their own costs.
                           (2002/C 219/40)                                 (1 ) OJ C 135 of 13.5.2000.
                     (Language of the case: German)
In Case T-205/99, Hyper Srl, established in Limena (Italy),
represented by D. Ehle and D. Ehle, Rechtsanwälte, with an                      JUDGMENT OF THE COURT OF FIRST INSTANCE
address for service in Luxembourg, v Commission of the
European Communities (Agents: J.-C. Schieferer and M. Nuñez-                                            9 July 2002
Müller): Application for annulment of Commission Decision
REM 14/98 of 5 February 1999 finding that the remission of
                                                                           in Case T-333/00: Rougemarine SARL v Commission of
import duties due from the applicant in respect of television
                                                                                            the European Communities (1)
sets imported from India is not justified, the Court of First
Instance (Third Chamber), composed of: M. Jaeger, President,
K. Lenaerts and J. Azizi, Judges; H. Jung, Registrar, has given a          (Programme encouraging the development and distribution
judgment on 11 July 2002, in which it:                                     of European audiovisual works (MEDIA II) — Decision to
                                                                               award financial support — Refusal — Implied reasons)
1.     Dismisses the action;
                                                                                                      (2002/C 219/42)
2.     Orders the applicant to pay the costs.
                                                                                               (Language of the case: French)
( 1) OJ C 333 of 20.11.1999.
                                                                           In Case T-333/00, Rougemarine SARL, established in Paris
                                                                           (France), represented by T. Levy and O. Rezlan, lawyers, with