CELEX: C2002/169/41
Language: en
Date: 2002-07-13 00:00:00
Title: Case C-181/02 P: Appeal brought on 15 May 2002 by the Commission of the European Communities against the judgment delivered on 28 February 2002 by the Court of First Instance of the European Communities (Fourth Chamber, Extended Composition) in Joined Cases T-227/99 and T-134/00 Kvaerner Warnow Werft GmbH v Commission of the European Communities

13.7.2002             EN                    Official Journal of the European Communities                                       C 169/23
European Communities in Case T-218/01 between Laboratoire              ties (Fourth Chamber, Extended Composition) in Joined Cases
Monique Rémy and Commission of the European Communi-                   T-227/99 and T-134/00 Kvaerner Warnow Werft GmbH v
ties was brought before the Court of Justice of the European           Commission of the European Communities was brought
Communities on 13 May 2002 by Laboratoire Monique Rémy,                before the Court of Justice of the European Communities on
represented by J.F. Pupel, avocat, with an address for service in      15 May 2002 by the Commission of the European Communi-
Luxembourg.                                                            ties, represented by Professor Klaus-Dieter Borchardt of its
                                                                       legal service and Viktor Kreuschitz, legal adviser to the
                                                                       European Commission, with an address for service in Luxem-
The appellant claims that the Court should:                            bourg at the office of Luis Escobar Guerrero, of its legal service,
                                                                       Wagner Centre C 254, Kirchberg, Luxembourg.
—     reverse the order of the Court of First Instance of
      21 March 2002;
—     suspend operation of the order in respect of Laboratoire
      Monique Rémy;                                                    The appellant claims that the Court should:
—     order the Commission to pay the costs incurred at first
      instance and in the appeal.                                      (1) set aside the judgment of the Court of First Instance of
                                                                             28 February 2002 in Joined Cases T-227/99 and T-134/
                                                                             00 Kvaerner Warnow Werft GmbH v Commission of the
                                                                             European Communities (1);
Pleas and main arguments
—     Failure to respect the right to a fair hearing: although         (2) refer the case back to the Court of First Instance for
      Article 230 EC prescribes a period of two months for                   judgment.
      bringing an appeal, the applicant was able to make use of
      only a few days of that period because it had not been
      informed that it could appeal, as provided for by the
      internal rules of the Commission, as amended after
      November 2001.
—     Unforeseeable circumstances and force majeure: in the days
                                                                       Pleas in law and main arguments
      following the events of 11 September 2001, postal and
      transport services put in place altogether exceptional
      security measures which gave rise to unforeseen and
      indefinite delays. In the instant case, transmittal of the       —     Incomplete appraisal of the legal background to the
      appeal documents was delayed by 6 days longer than the                 authorising decisions: when the meaning and purpose of
      usual delivery period.                                                 the capacity restriction is also regarded as a set-off in
                                                                             conjunction with the specific terms of the undertaking
                                                                             given by the Federal Government, it becomes apparent
                                                                             that, in order not to undermine the aim of the set-off for
                                                                             distortions of competition resulting from the grant of
                                                                             State aid, the capacity restriction had to refer not only to
                                                                             limits on technical capacity but also to restrictions on
                                                                             actual production levels.
Appeal brought on 15 May 2002 by the Commission of
the European Communities against the judgment deliver-
ed on 28 February 2002 by the Court of First Instance of               —     Incorrect interpretation of the authorising decisions: the
the European Communities (Fourth Chamber, Extended                           authorising decisions were based on a concept of ‘capacity
Composition) in Joined Cases T-227/99 and T-134/00                           restriction’ which covered both technical restrictions
Kvaerner Warnow Werft GmbH v Commission of the                               relating to the production plants and limits on actual
                    European Communities                                     production levels.
                       (Case C-181/02 P)
                        (2002/C 169/41)                                (1) Not yet published in the European Court Reports.
An appeal against the judgment delivered on 28 February
2002 by the Court of First Instance of the European Communi-