CELEX: C2001/331/29
Language: en
Date: 2001-11-24 00:00:00
Title: Judgment of the Court of First Instance of 12 July 2001 in Joined Cases T-12/99 and T-63/99 UK Coal plc v Commission of the European Communities (ECSC Treaty — Decision No 3632/93/ECSC — Operating aid and aid for the reduction of activity — Authorisation ex post facto of aid already paid — Improvement of the viability of recipient undertakings — Degression of aid — Bonus paid to underground mineworkers (Bergmannsprämie) — Amendment of a modernisation, rationalisation and restructuring plan — Taking account of a concentration between undertakings — Statement of reasons)

C 331/18               EN                     Official Journal of the European Communities                                        24.11.2001
                                                        COURT OF FIRST INSTANCE
    JUDGMENT OF THE COURT OF FIRST INSTANCE                              L 215, p. 62) and, secondly, for damages together with interest
                                                                         thereon in compensation for the loss caused to the applicants
                                                                         by the adoption of that Regulation — in Case T-225/1999,
                         of 12 July 2001                                 first, annulment of Commission Regulation (EC) No 1586/99
                                                                         of 20 July 1999 amending Regulation (EC) No 2632/98 laying
in Joined Cases T-198/95, T-171/96, T-230/97, T-174/98                   down for 1999 the single adjustment coefficient to be applied
and T-225/99, Comafrica SpA and Dole Fresh Fruit Europe                  to each traditional operator’s provisional reference quantity
Ltd & Co. v Commission of the European Communities (1)                   under the tariff quotas for traditional ACP bananas (OJ 1999
                                                                         L 188, p. 19) and, secondly, for damages together with interest
                                                                         thereon in compensation for the loss caused to the applicants
(Common organisation of the markets — Bananas — Action                   by the adoption of Regulation (EC) No 1586/1999, — the
for annulment — Admissibility — Legality of reduction and                Court of First Instance (Fifth Chamber), composed of P. Lindh,
        adjustment coefficients — Action for damages)                    President, R. Garcı́a-Valdecasas and J.D. Cooke, Judges; J. Pala-
                                                                         cio González, Administrator, for the Registrar, has given a
                        (2001/C 331/28)                                  judgment on 12 July 2001, in which it:
                   (Language of the case: English)                       1.     Dismisses the claims for annulment as inadmissible.
                                                                         2.     Dismisses the claims for damages as unfounded.
                                                                         3.     Orders the applicants to bear their own costs and jointly to pay
In Joined Cases T-198/95, T-171/96, T-230/97, T-174/98 and
                                                                                the costs of the Commission.
T-225/99 Comafrica SpA, established in Genoa (Italy), and
Dole Fresh Fruit Europe Ltd & Co., established in Hamburg
                                                                         4.     Orders the interveners to bear their own costs.
(Germany), represented by B. O’Connor, Solicitor, and B. Gar-
cı́a Porras, lawyer, with an address for service in Luxembourg,
against Commission of the European Communities (Agents:                  (1) OJ C 351 of 30.12.95, C 9 of 11.1.97, C 318 of 18.10.97, C 160
X. Lewis, K. Fitch, H. van Vliet, T. van Rijn, C. Van der                    of 5.6.1999 and C 6 of 8.1.2000.
Hauwaert, E. de March, J. Flett and J. Handoll), supported by
the French Republic, (Agents: C. Vasak, C. de Salins, K. Rispal-
Bellanger and F. Pascal), in Cases T-198/95, T-171/96,
T-230/97, and the Kingdom of Spain, (Agent: R. Silva de
Lapuerta), in Cases T-230/97 and T-225/99 — application
for — in Case T-198/95, first, annulment of Commission
Regulation (EC) No 1869/95 of 26 July 1995, amending                         JUDGMENT OF THE COURT OF FIRST INSTANCE
Regulation (EC) No 2947/94 fixing the single reduction
coefficient for the determination of the quantity of bananas to
be allocated to each operator in categories A and B within the                                       of 12 July 2001
tariff quota for 1995 (OJ 1995 L 179, p. 38), and, secondly,
for damages together with interest thereon, in compensation              in Joined Cases T-12/99 and T-63/99 UK Coal plc v
for the loss caused to the applicants by the adoption of                         Commission of the European Communities (1)
Regulation (EC) No 1869/95, — in Case T-171/96, first,
annulment of Commission Regulation (EC) No 1561/96
                                                                         (ECSC Treaty — Decision No 3632/93/ECSC — Operating
of 30 July 1996 fixing the reduction coefficients for the
                                                                         aid and aid for the reduction of activity — Authorisation ex
determination of the quantity of bananas to be allocated to
                                                                         post facto of aid already paid — Improvement of the viability
each operator in categories A and B within the tariff quota for
                                                                         of recipient undertakings — Degression of aid — Bonus
1996 (OJ 1996 L 193, p. 15), and, secondly, for damages
                                                                         paid to underground mineworkers (Bergmannsprämie) —
together with interest thereon in compensation for the loss
                                                                         Amendment of a modernisation, rationalisation and restruc-
caused to the applicants by the adoption of that Regulation —
                                                                         turing plan — Taking account of a concentration between
in Case T-230/97, first, annulment of Commission Regulation
                                                                                       undertakings — Statement of reasons)
(EC) No 1155/97 of 25 June 1997 fixing the reduction
coefficients for the determination of the quantity of bananas
to be allocated to each operator in categories A and B within                                       (2001/C 331/29)
the tariff quota for 1997 (OJ 1997 L 168, p. 67) and, secondly,
for damages together with interest thereon in compensation                                    (Language of the case: English)
for the loss caused to the applicants by the adoption of
that Regulation — in Case T-174/98, first, annulment of
Commission Regulation (EC) No 1721/98 of 31 July 1998
fixing the reduction coefficients for the determination of the           In Joined Cases T-12/99 and T-63/99 UK Coal plc, formerly
quantity of bananas to be allocated to each operator in                  RJB Mining plc, whose registered office is in Harworth (United
categories A and B within the tariff quota for 1998 (OJ 1998             Kingdom), represented by M. Brealey, Barrister, and
 ---pagebreak--- 24.11.2001              EN                     Official Journal of the European Communities                                           C 331/19
J. Lawrence, Solicitor, with an address for service in Luxem-             — the Court of First Instance (Fourth Chamber, Extended
bourg, against Commission of the European Communities                     Composition), composed of P. Mengozzi, President, R. Garcı́a-
(Agents: V. Kreuschitz and K.-D. Borchardt, and N. Khan),                 Valdecasas, V. Tiili, R.M. Moura Ramos and J.D. Cooke, Judges;
supported by Federal Republic of Germany (Agents:                         H. Jung, Registrar, has given a judgment on 12 July 2001, in
W.-D. Plessing, T. Jürgensen and M. Maier) and by RAG                     which it:
Aktiengesellschaft, established in Essen (Germany), represented
by M. Hansen and S. Völcker, lawyers, with an address for                 1.    Dismisses the action;
service in Luxembourg — applications for annulment of
Commission Decisions 1999/270/EC and 1999/299/ECSC of                     2.    Orders the applicant to pay her own costs and those incurred
2 and 22 December 1998 on German aid to the coal industry                       by the defendant;
for 1998 and 1999 (OJ 1999 L 109, p. 14 and L 117, p. 44)
— the Court of First Instance (Second Chamber, Extended                   3.    Orders each of the interveners to bear their own costs.
Composition), composed of A.W.H. Meij, President, K. Le-
naerts, A. Potocki, M. Jaeger and J. Pirrung, Judges; D. Chris-           (1) OJ C 246 of 28.8.1999.
tensen, Administrator, for the Registrar, has given a judgment
on 12 July 2001, in which it:
1.     Dismisses the actions;
2.     Orders the applicant to bear its own costs and those incurred          JUDGMENT OF THE COURT OF FIRST INSTANCE
       by the Commission and the intervener RAG Aktiengesellschaft;
                                                                                                    of 27 June 2001
3.     Orders the Federal Republic of Germany to bear its own costs.
                                                                          in Case T-166/99, Luis Fernando Andres de Dios and
( 1) OJ C 86 of 27.3.1999 and C 160 of 5.6.1999.                                   Others v Council of the European Union (1)
                                                                          (Decision 1999/307/EC — Integration of the Schengen
                                                                          Secretariat into the General Secretariat of the Council —
                                                                                      Action for annulment — Admissibility)
                                                                                                    (2001/C 331/31)
     JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                               (Language of the case: French)
                           of 12 July 2001
in Case T-120/99 Christina Kik v Office for Harmonisation                 In Case T-166/99 Luis Fernando Andres de Dios, residing in
in the Internal Market (Trade Marks and Designs)                          Brussels, Belgium, Maria Soledad Garcı́a Retortillo, residing in
                              (OHIM) (1)                                  Cáceres, Spain, Suzanne Kitlas, residing in Brussels, Jacques
                                                                          Verraes, residing in Brussels, represented by J.-N. Louis,
                                                                          G. Parmentier and V. Peere, lawyers, with an address for service
(Article 115 of Regulation (EC) No 40/94 — Rules govern-                  in Luxembourg, supported by Union syndicale-Bruxelles,
ing languages at the Office for Harmonisation in the                      established in Brussels, represented by S. Parmesan, lawyer,
Internal Market (Trade Marks and Designs) — Plea of                       with an address for service in Luxembourg, against Council of
          illegality — Principle of non-discrimination)                   the European Union (Agents: M. Bauer, F. Anton and
                                                                          A. Bentley) — application for annulment of Council Decision
                          (2001/C 331/30)                                 1999/307/EC of 1 May 1999 laying down the detailed
                                                                          arrangements for the integration of the Schengen Secretariat
                     (Language of the case: Dutch)                        into the General Secretariat of the Council (OJ 1999 L 119,
                                                                          p. 49) — the Court of First Instance (Second Chamber),
                                                                          composed of A.W.H. Meij, President, A. Potocki and J. Pirrung,
                                                                          Judges; D. Christensen, Administrator, for the Registrar, has
In Case T-120/99 Christina Kik, residing in The Hague                     given a judgment on 27 June 2001, in which it:
(Netherlands), represented by G.L. Kooy, lawyer, with an
address for service in Luxembourg, supported by the Hellenic              1.    Dismisses the action as inadmissible;
Republic (Agents: K. Samoni-Randou and S. Vodina), against
the Office for Harmonisation in the Internal Market (Trade                2.    Orders the applicants to bear their own costs and jointly and
Marks and Designs) (OHIM) (Agents: O. Montalto, J. Miranda                      severally to pay those of the Council;
de Sousa, and J. Bourgeois), supported by the Kingdom of
Spain (Agent: S. Ortiz Vaamonde) and the Council of the                   3.    Orders the intervener to bear its own costs.
European Union (Agents: G. Houttuin and A. Lo Monaco) —
action brought against the decision of the Third Board of                 (1) OJ C 281 of 2.10.1999.
Appeal of the Office for Harmonisation in the Internal Market
(Trade Marks and Designs) of 19 March 1999 (Case R 65/98-3)