CELEX: C2000/102/42
Language: en
Date: 2000-04-08 00:00:00
Title: Judgment of the Court of First Instance of 10 February 2000 in Joined Cases T-32/98 and T-41/98: Government of the Netherlands Antilles v Commission of the European Communities (Association of the overseas countries and territories — Regulation (EC) No 2352/97 — Regulation (EC) No 2494/97 — Application for annulment — Admissibility — OCT Decision — Safeguard measure — Causal link)

8.4.2000                EN                     Official Journal of the European Communities                                             C 102/21
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                   JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                   of 10 February 2000
                       of 15 December 1999
                                                                          in Joined Cases T-32/98 and T-41/98: Government of the
in Case T-27/98: Albert Nardone v Commission of the                       Netherlands Antilles v Commission of the European
                    European Communities (1)                                                         Communities (1)
(Officials — Occupational disease — Exposure to asbestos                  (Association of the overseas countries and territories —
and other substances — Rate of permanent partial invalidity               Regulation (EC) No 2352/97 — Regulation (EC)
      — Irregularity of the opinion of the medical board)                 No 2494/97 — Application for annulment — Admissibility
                                                                             — OCT Decision — Safeguard measure — Causal link)
                          (2000/C 102/41)                                                            (2000/C 102/42)
                                                                                                (Language of the case: Dutch)
                    (Language of the case: French)
                                                                          In Joined Cases T-32/98 and T-41/98: Government of the
In Case T-27/98: Albert Nardone, a former official of the                 Netherlands Antilles, represented by M. Slotboom and P.V.F.
Commission of the European Communities, residing at Piétrain              Bos, of the Rotterdam Bar, with an address for service at the
(Belgium), represented by Georges Vandersanden and Laure                  Chambers of M. Loesch, 11, Rue Goethe v Commission of the
Levi, of the Brussels Bar, with an address for service in                 European Communities (Agents: T. van Rijn and P.L. Kuijper),
Luxembourg at the offices of Société de Gestion Fiduciaire, 2-4           supported by Kingdom of Spain (Agent: N. Dı́az Abad) —
Rue Beck, v Commission of the European Communities                        application in Case T-32/98, for the annulment of Commission
(Agents: Julian Currall and Jean-Luc Fagnart) — application for           Regulation (EC) No 2352/97 of 27 November 1997 introdu-
annulment of the Commission’s decision of 29 May 1997                     cing specific measures in respect of imports of rice originating
concerning a request for acknowledgement of the applicant’s               in the overseas countries and territories (OJ 1997 L 326, p. 21)
occupational disease and fixing his rate of permanent partial             and, in Case T-41/98, for the annulment of Commission
invalidity at 6 % — the Court of First Instance (Second                   Regulation (EC) No 2494/97 of 12 December 1997 on the
Chamber), composed of: A. Potocki, President, and C.W.                    issuing of import licences for rice falling within CN code 1006
Bellamy and A.W.H. Meij, Judges; H. Jung, Registrar, has given            and originating in the overseas countries and territories
a judgment on 15 December 1999, in which it:                              under the specific measures introduced by Regulation (EC)
                                                                          No 2352/97 (OJ 1997 L 343, p. 17) — the Court (Third
                                                                          Chamber), composed of: M. Jaeger, President, K. Lenaerts and
                                                                          J. Azizi, Judges; A. Mair, Administrator, for the Registrar, has
1. Annuls the Commission’s decision of 29 May 1997 concerning
                                                                          given a judgment on 10 February 2000, in which it:
     the applicant’s request for acknowledgement of his occupational
     disease;
                                                                          1. Joins Cases T-32/98 and T-41/98 for the purposes of the
                                                                               judgment;
2. Orders the Commission to pay the costs.
                                                                          2. Annuls Commission Regulation (EEC) No 2352/97 of 27 Nov-
                                                                               ember 1997 introducing specific measures in respect of imports
(1) OJ C 94 of 28.3.1998.
                                                                               of rice originating in the overseas countries and territories;
                                                                          3. Annuls Commission Regulation (EEC) No 2494/97 of
                                                                               12 December 1997 on the issuing of import licences for rice
                                                                               falling within CN code 1006 and originating in the overseas
                                                                               countries and territories under the specific measures introduced
                                                                               by Regulation (EC) No 2352/97;
 ---pagebreak--- C 102/22                EN                      Official Journal of the European Communities                                        8.4.2000
4. Orders the Commission to pay its own costs and those of the             3. Rules that there is no need to adjudicate in Case T-151/98;
     Netherlands Antilles Government in both cases;
                                                                           4. Orders the Commission to bear all the costs.
5. Orders the intervener to bear its own costs in both cases.
                                                                           (1) OJ C 151 of 16.5.1998 and C 358 of 21.11.1998.
(1) OJ C 113 of 11.4.1998 and C 137 of 2.5.1998.
                                                                               JUDGMENT OF THE COURT OF FIRST INSTANCE
    JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                  of 1 February 2000
                        of 3 February 2000
                                                                           in Case T-63/98: Transpo Maastricht BV and Marco Ooms
in Joined Cases T-46/98 and T-151/98: Council of Euro-                            v Commission of the European Communities (1)
pean Municipalities and Regions (CEMR) v the Com-
           mission of the European Communities (1)
                                                                           (Inland waterway transport — Structural improvements —
                                                                           Application of Regulation (EEC) No 1101/89 — Exemption)
(Action for annulment — European Regional Development
Fund — Reduction of financial assistance — Failure to state
    reasons — Legitimate expectations — Legal certainty)                                            (2000/C 102/44)
                          (2000/C 102/43)
                                                                                               (Language of the case: Dutch)
                     (Language of the case: French)                        In Case T-63/98: Transpo Maastricht BV, established in
                                                                           Maastricht, Netherlands and Marco Ooms, of Terneuzen,
                                                                           Netherlands, represented by M. J. van Dam, of the Rotterdam
Joined Cases T-46/98 and T-151/98, Council of European                     Bar, with an address for service in Luxembourg at the
Municipalities and Regions (CEMR), an association formed                   Chambers of Fernand Entringer, 34A Rue Philippe II v
under French law, established in Paris, represented by Daniel              Commission of the European Communities (Agents: M. Lugard
M. Tomasevic and Francis Herbert, of the Brussels Bar, with an             and L. Pignataro) — application for the annulment of the
address for service in Luxembourg at the Chambers of Katia                 Commission’s decision of 13 February 1998 refusing to grant
Manhaeve, 56-58, Rue Charles Martel, against Commission of                 the applicants, in respect of the vessel Durance, an exemption
the European Communities, (Agent: Peter Oliver) — appli-                   under Article 8(3)(c) of Council Regulation (EEC) No 1101/89
cation for the annulment of the Commission’s decision                      of 27 April 1989 on structural improvements in inland
reducing the financial assistance granted to the applicant by              waterway transport (OJ 1989 L 116, p. 25) — the Court of
the European Regional Development Fund for the European                    First Instance (Fifth Chamber), composed of: J.D. Cooke,
City Cooperation System Programme — the Court of First                     President, and R. Garcı́a-Valdecasas and P. Lindh, Judges;
Instance of the European Communities (Fourth Chamber),                     J. Palacio González, Administrator, for the Registrar, has given
composed of: R.M. Moura Ramos, President, V. Tiili and                     a judgment on 1 February 2000, in which it:
P. Mengozzi, Judges; A. Mair, Administrator, for the Registrar
has given a judgment on 3 February 2000, in which it:
                                                                           1. Dismisses the application;
1. Annuls the Commission decision contained in Debit Note
     No 970004505 F relating to the European City Cooperation              2. Orders the applicants to bear their own costs and to pay those
     System Project No 91/00/29/003, issued in December 1997                    incurred by the Commission jointly and severally.
     and amended on 15 July 1998, in so far as it concerns the
     refusal of cofinancing in respect of expenditure declared by the
     Commission to be ineligible, with the exception of expenditure
                                                                           (1) OJ C 184 of 13.6.1998.
     connected with the Strasbourg General Assembly in the amounts
     of ECU 101 598 and ECU 256 882;
2. Dismisses the remainder of the application in Case T-46/98;