CELEX: C1998/184/20
Language: en
Date: 1998-06-13 00:00:00
Title: ORDER OF THE PRESIDENT OF THE COURT OF FIRST INSTANCE of 2 April 1998 in Case T-86/96 R: Arbeitsgemeinschaft Deutscher Luftfahrt-Unternehmen and Others v. Commission of the European Communities (State aid - Commission decision classifying a national aid measure as incompatible with the common market - Interim measures - Order requiring authorisation for the aid to be granted on a provisional basis - Urgency - Balance of interests)

C 184/10              EN                Official Journal of the European Communities                                  13.6.98
  JUDGMENT OF THE COURT OF FIRST INSTANCE                          annulment of Commission Decision 95/466/EC of 26 July
                       of 30 April 1998                            1995 concerning aid granted by the Flemish Region to the
                                                                   Belgian airline Vlaamse Luchttransportmaatschappij NV
in Case T-214/95: Het Vlaamse Gewest (Flemish Region)              (OJ L 267 of 9.11.1995, p. 49) Ð the Court (Fifth
      v. Commission of the European Communities (1)                Chamber, Extended Composition), composed of R.
                                                                   García-Valdecasas, President, V. Tiili, J. Azizi, R. M.
(Application for annulment Ð Air transport Ð State aid
                                                                   Moura Ramos and M. Jaeger, Judges; A. Mair,
Ð Small amount Ð Distortion of competition Ð Effect
                                                                   Administrator, for the Registrar, has given a judgment on
 on trade between Member States Ð Statement of reasons)
                                                                   30 April 1998 in which it:
                        (98/C 184/18)
                                                                   1. Dismisses the application;
                (Language of the case: Dutch)
In Case T-214/95: Het Vlaamse Gewest (Flemish Region),             2. Orders the applicant to pay the costs.
represented by Alfred L. Merckx, of the Brussels Bar, with
an address for service in Luxembourg at the Chambers of            (1) OJ C 108, 13.4.1996.
Duro and Lorang, 4 Boulevard Royal, against
Commission of the European Communities (Agents: Pieter
Van Nuffel and Anders Christian Jessen) Ð application
for annulment of Commission Decision 95/466/EC of
26 July 1995 concerning aid granted by the Flemish
Region to the Belgian airline Vlaamse Luchttransport-
maatschappij NV (OJ L 267 of 9.11.1995, p. 49) Ð the               ORDER OF THE PRESIDENT OF THE COURT OF
Court of First Instance (Fifth Chamber, Extended                                        FIRST INSTANCE
Composition), composed of: R. García-Valdecasas,
President, V. Tiili, J. Azizi, R. M. Moura Ramos and M.                                   of 2 April 1998
Jaeger, Judges; A. Mair, Administrator, for the Registrar,         in Case T-86/96 R: Arbeitsgemeinschaft Deutscher
has given a judgment on 30 April 1998, in which it:                Luftfahrt-Unternehmen and Others v. Commission of the
                                                                                      European Communities
1. Dismisses the application;                                      (State aid Ð Commission decision classifying a national
                                                                   aid measure as incompatible with the common market Ð
2. Orders the applicant to bear the costs.                         Interim measures Ð Order requiring authorisation for the
                                                                   aid to be granted on a provisional basis Ð Urgency Ð
                                                                                        Balance of interests)
(1) OJ C 16, 20.1.1996.
                                                                                            (98/C 184/20)
                                                                                 (Language of the case: German)
  JUDGMENT OF THE COURT OF FIRST INSTANCE                          In Cases T-86/96 R: Arbeitsgemeinschaft Deutscher Luft-
                       of 30 April 1998                            fahrt-Unternehmen, established in Bonn, composed of the
                                                                   following members: Aero Lloyd Flugreisen GmbH & Co.
in Case T-16/96: Cityflyer Express Ltd v. Commission of            Luftverkehrs-KG, established at Oberursel (Germany), Air
                the European Communities (1)                       Berlin GmbH & Co. Luftverkehrs KG, established in
(Action for annulment Ð Air transport Ð State aid Ð                Berlin, Condor Flugdienst GmbH, established at
Interest-free loan Ð Amount of the aid Ð Principle of the          Kelsterbach (Germany), Germania Fluggesellschaft mbH,
market economy investor Ð Principle of proportionality             established in Berlin, Hapag-Lloyd Fluggesellschaft mbH,
Ð Manifest error of assessment Ð Statement of reasons              established at Langenhagen (Germany), LTU Lufttransport
Ð Need for exchange of argument between the                        Unternehmen GmbH & Co. KG, established in
              Commission and the complainant)                      Düsseldorf, and Hapag Lloyd Fluggesellschaft mbH,
                                                                   established at Langenhagen, represented by Gerrit Schohe,
                        (98/C 184/19)                              Rechtsanwalt, Hamburg, with an address for service in
                                                                   Luxembourg at the Chambers of Marc Baden, 34b Rue
               (Language of the case: English)                     Philippe II, v. Commission of the European Communities
                                                                   (Agents: Paul F. Nemitz and Georg Berrisch) Ð
                                                                   application for interim measures in relation to
In Case T-16/96: Cityflyer Express Ltd, established at             Commission Decision 96/369/EC of 13 March 1996
Gatwick Airport (United Kingdom), represented by                   concerning fiscal aid given to German airlines in the form
Charles Price, of the Brussels Bar, with an address for            of a depreciation facility (OJ L 146 of 20.6.1996, p. 42)
service in Luxembourg at the Chambers of Lucy Dupong               Ð the President of the Court of First Instance has made
v. Commission of the European Communities (Agents:                 an order on 2 April 1998, the operative part of which is
Peter Oliver and Anders Jessen) Ð application for                  as follows:
 ---pagebreak--- 13.6.98              EN                   Official Journal of the European Communities                                   C 184/11
1. The application for interim measures is dismissed;                Pleas in law and main arguments adduced in support:
2. The costs are reserved.
                                                                     The applicants are all members of the JET project team
                                                                     employed by the United Kingdom Atomic Energy
                                                                     Authority. This application is made consequent to the
                                                                     judgment of the Court in Joined Cases T-177/94 and 377/
                                                                     94 (1). The Commission was the defendant in those cases
                                                                     and the Council participated as intervener. In the
Action brought on 12 February 1998 by Henk Altmann                   judgment, the statutes of the JET Joint Undertaking and
and Others against the European Commission and the                   associated supplementary rules and administrative
               Council of the European Union                         practices were ruled to be illegal in so far as they resulted
                                                                     in unequal treatment of the applicants and the temporary
                       (Case T-30/98)
                                                                     employees of the Communities working together as
                        (98/C 184/21)                                members of the JET Project Team at Culham. Two
                                                                     decisions of the Commission were therefore annulled.
               (Language of the case: English)
                                                                     The applicants now submit firstly that the Commission
An action against the European Commission and the                    has not acted to comply with the judgment by adopting
Council of the European Union was brought before the                 measures to replace the annulled decisions in the light of
Court of First Instance of the European Communities on               the judgment and secondly that the Council has not
12 February 1998 by Henk Altmann and Others,                         amended the statutes. Furthermore, the current proposal
represented by Kenneth Parker QC and Rhodri Thompson                 for amendment of the statutes does not purport to address
with an address for service in Luxembourg at the Offices             the unlawful inequality of treatment found in the
of Elvinger, Hoss & Prussen, 2, Place Winston Churchill.             judgment in respect of the applicants. The Commission,
                                                                     the JET Council and the JET management have not
                                                                     altered either the supplementary rules or the
The applicants claim that the Court should:
                                                                     administrative practices ruled to be unlawful in the
                                                                     judgment and none of the proposals either to take
Ð declare that the rejection of the applicants' complaint            practical steps or to offer a financial settlement are based
    whereby the Commission and the Council failed to                 on the principles laid down in the judgment and the
    take any specific measures vis-aÁ-vis the applicants to          decisions of the Court. The applicants therefore submit
    implement the judgment of the Court in Joined Cases              that the failure of both the Commission and the Council
    T-177/94 and T-377/94 Altmann and Others v.                      to act constitutes a clear breach of Article 149 of the
    Commission of 12 December 1996 is unlawful and a                 Euratom Treaty and a service-related fault sounding in
    service-related fault for which the Commission and the           damages to the extent that such failure has caused the
    Council are liable;                                              applicants material or non-material loss.
Ð order the Commission and the Council to pay the                    (1) Altmann and Others v. Commission [1996] ECR II-2041.
    applicants:
    (a) the individual sums set out in the schedule,
         modified to the date of judgment; and, in the
         event that no order is made in respect of the
         applicants' liability for UK taxation on such
         sums,                                                       Action brought on 30 March 1998 by Anne Ruth Burrill
                                                                     and Alberto Noriega Guerra against the Commission of
    (b) such further sum as may represent:                                            the European Communities
                                                                                            (Case T-51/98)
         (i)   the sum payable by the applicants in respect
               of UK taxation, the quantification of such                                    (98/C 184/22)
               sums being adjourned pending negotiation
               between the parties and the UK tax
               authorities; alternatively                                           (Language of the case: French)
         (ii) the actual liabilities for which the applicants
               are liable to the UK tax authorities, the
               Council and the Commission being liable to            An action against the Commission of the European
               indemnify the applicants in respect of any            Communities was brought before the Court of First
               such contingent liability; and                        Instance of the European Communities on 30 March 1998
                                                                     by Anne Ruth Burrill and Alberto Noriega Guerra
                                                                     residing in RosieÁres (Belgium), represented by Georges
Ð Order the Commission and the Council to bear the                   Vandersanden, Laure Levi and Marie-Ange Marx, of the
    costs of these proceedings.                                      Brussels Bar, with an address for service in Luxembourg at