CELEX: C1995/299/32
Language: en
Date: 1995-11-11 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 28 September 1995 in Case T-95/94: Chambre Syndicale Nationale des Entreprises de Transport de Fonds et Valeurs (Sytraval) and Brink's France SARL v. Commission of the European Communities (State aid - Complaint by a competitor - Failure to initiate the investigation procedure - Right to a fair hearing - Action for annulment)

11 . 11 . 95          EN                   Official Journal of the European Communities                                No C 299/ 19
The applicant submits that the Council 's refusal violates the               Removal from the register of Case T- 112/92 ( ] )
fundamental rights of access to the European Union                                                  ( 95 /C 299/33 )
Institutions ' documents, as well as the principle of
protection of legitimate expectations and Articles 4(1 ) and                          (Language of the case: English )
4 ( 2 ) of Council Decision 93/73 1 /EC inasmuch as it
wrongfully applies the criteria for refusal laid down in said         By order of 11 July 1995 the President of the Fourth
provisions . It considers furthermore that the Council 's             Chamber of the Court of First Instance of the European
refusal should be annulled on the ground of its failure to            Communities ordered the removal from the register of Case
state reasons for the refusal .
                                                                      T- 1 1 2/92 : John Cooney v. Commission of the European
                                                                      Comm unities .
                                                                      (') Q | No C : 34 , 6 . 2 . 1 993 .
 JUDGMENT OF THE COURT OF FIRST INSTANCE
                    of 28 September 1995                                     Removal from the register of Case T-425/93 (')
in Case T-95 /94 : Chambre Syndicale Nationale des                                                  ( 95 /C 299/34 )
Entreprises de Transport de Fonds et Valeurs ( Sytraval ) and
Brink's France SARL v. Commission of the European                                     (Language of the case: English )
                       Communities ( ' )
(State aid — Complaint by a competitor — Failure to initiate          By order of 9 August 1995 the President of the First
the investigation procedure — Right to a fair hearing —               Chamber ( extended composition ) of the Court of First
                    Action for annulment)                             Instance of the European Communities ordered the removal
                          ( 95 /C 299/32 )                            from the register of Case T-425/93 : David Wilcox v.
                                                                      Council of the European Union and Commission of the
                                                                      European Communities .
                (Language of the case: French)
                                                                      (') OJ No C : 2.38 , 2 . 9 . 1993 .
In Case T-95/94 : Chambre Syndicale Nationale des
Entreprises de Transport de Fonds et Valeurs ( Sytraval ) and
Brink 's France SARL, represented by Jean-Michel Payre, of
the Paris Bar, with an address for service in Luxembourg
at the Chambers of Aloyse May, 31 Grande-Rue , v.                            Removal from the register of Case T-430/93 ( )
Commission of the European Communities ( agents : Michel                                            ( 95 /C 299/35 )
Nolin and Ben Smulders ), supported by the French Republic
( agents : Catherine de Salins and Jean-Marc Belorgey ) —                              (Language of the case: Erench)
application for the annulment of the Commission decision
of 31 December 1993 rejecting the applicants ' request for a          By order of 11 August 1995 the President of the First
declaration by the Commission that the French Republic                Chamber ( extended composition ) of the Court of First
has infringed Articles 92 and 93 of the Treaty by granting            Instance of the European Communities ordered the removal
aid to Securipost SA — the Court of First Instance                    from the register of Case T-430/93 : Jean Trelhu v. Council
( Fourth Chamber, extended composition ), composed of                 of the European Union and Commission of the European
K. Lenaerts , President, and R. Schintgen , C. P. Briet,              Communities .
R. Garcia-Valdecasas and P. Lindh, Judges; H. Jung,
Registrar, has given a judgment on 28 September 1995 , in             (') OJ No C 54 , 25 . 5 . 1993 .
which it :
 1 . annuls the Commission decision of 31 December 1993
     rejecting the applicants ' request for a declaration by the
     Commission that the French Republic has infringed                                   Removal from the register of
     Articles 92 and 93 of the Treaty by granting aid to                         Joined Cases T-436/93 to T -441 /93 (')
     Securipost;                                                                                     ( 95 /C 299/36 )
2 . orders the Commission to bear its own costs and to pay                             (Language of the case: English)
     the costs of the applicants;
                                                                      By order of 12 July 1995 the President of the Fourth
 3 . orders the Erench Republic to bear its own costs .               Chamber ( extended composition ) of the Court of First
                                                                      Instance of the European Communities ordered the removal
 (') O J No C 103 , 11.4 . 1994 .
                                                                      from the register of Joined Cases T-436/93 to T-441 /93 :
                                                                      British Petroleum Company pic , Barclays Bank pic , Flanson
                                                                      pic , Lucas Industries Public Limited Company , Mars UK
                                                                       Limited , Mars G.B. Limited , Intercontinental Trading