CELEX: C1999/086/31
Language: en
Date: 1999-03-27 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 28 January 1999 in Case T-230/95: Bretagne Angleterre Irlande (BAI) v. Commission of the European Communities (Action for damages - Non-contractual liability - State aid - Communication to the complainant of the decision addressed to the Member State concerned - Delay - Material and non-material damage - Causal link)

27.3.1999           EN                 Official Journal of the European Communities                                 C 86/15
                                                 COURT OF FIRST INSTANCE
  JUDGMENT OF THE COURT OF FIRST INSTANCE                         4. Orders the applicants to bear their own costs and to
                    of 21 January 1999                                pay the defendant's costs.
in Joined Cases T-129/95, T-2/96 and T-97/96: Neue
Maxhütte Stahlwerke GmbH and Lech-Stahlwerke GmbH                 5. Orders the Federal Republic of Germany and the
      v. Commission of the European Communities (1)                   United Kingdom of Great Britain and Northern
                                                                      Ireland to bear their own costs.
(ECSC Ð Action for annulment Ð State aid to steel
undertakings Ð Criterion of the conduct of a private
investor Ð Principle of proportionality Ð Statement of            (1) OJ C 229, 2.9.1995
                                                                      OJ C 64, 2.3.1996 and
             reasons Ð Right to a fair hearing)
                                                                      OJ C 247, 24.8.1996.
                       (1999/C 86/30)
              (Language of the case: German)
In Joined Cases T-129/95, T-2/96 and T-97/96: Neue Max-
                                                                    JUDGMENT OF THE COURT OF FIRST INSTANCE
hütte      Stahlwerke       GmbH,        established      at
Sulzbach-Rosenberg (Germany), and Lech-Stahlwerke                                      of 28 January 1999
GmbH, estblished at Meitingen-Herbertshofen (Germany),
                                                                  in Case T-230/95: Bretagne Angleterre Irlande (BAI) v.
represented by Rainer M. Bierwagen, of the Brussels Bar,
                                                                         Commission of the European Communities (1)
with an address for service in Luxembourg at the
Chambers of Elvinger and Dessoy, 31 Rue d'Eich,                   (Action for damages Ð Non-contractual liability Ð State
supported by Federal Republic of Germany (Agent: Ernst            aid Ð Communication to the complainant of the decision
Röder), v Commission of the European Communities                  addressed to the Member State concerned Ð Delay Ð
(Agents: Ulrich Wölker and Paul F. Nemitz), supported, in              Material and non-material damage Ð Causal link)
Cases T-2/96 and T-97/96, by United Kingdom of Great
Britain and Northern Ireland (Agents: Christopher Vajda                                   (1999/C 86/31)
and Lindsey Nicoll) Ð application, in Case T-129/95, for
annulment of Commission Decision Communitiesn
                                                                                  (Language of the case: French)
95/422/ECSC of 4 April 1995 concerning State aid that
the Freistaat Bayern, a regional authority of the Federal
Republic of Germany, intends to grant to the ECSC steel           In Case T-230/95: Bretagne Angleterre Irlande (BAI),
undertakings Neue Maxhütte Stahlwerke GmbH, Sulz-                 established at Roscoff (France), represented by
bach-Rosenberg, and Lech-Stahlwerke GmbH, Meitingen-              Jean-Michel Payre, of the Paris Bar, with an address for
Herbertshofen (OJ L 253, 21.10.1995, p. 22), in Case              service in Luxembourg at the Chambers of Aloyse May,
T-2/96, for annulment of Commission Decision                      31 Grand-Rue, v. Commission of the European
96/178/ECSC of 18 October 1995 on State aid that                  Communities (Agents: GeÂrard Rozet and Anders Christian
Bavaria granted to the ECSC steel undertaking Neue Max-           Jessen) Ð application for compensation for the damage
hütte Stahlwerke GmbH, Sulzbach-Rosenberg (OJ L 53,               allegedly suffered by the applicant on account of the
2.3.1996, p. 41) and, in Case T-97/96, for annulment of           delayed communication to it by the Commission of the
Commission Decision 96/484/ECSC of 13 March 1996 on               text of its Decision of 7 June 1995 terminating the
State aid that Bavaria granted to the ECSC steel                  examination procedure initiated under Article 93(2) of the
undertaking Neue Maxhütte Stahlwerke GmbH, Sulzbach-              EC Treaty concerning aid in favour of Ferries Golfo de
Rosenberg (OJ L 198, 8.8.1996, p. 40) Ð the Court of              Vizcaya SA Ð the Court of First Instance (First Chamber,
First Instance (Fifth Chamber, Extended Composition),             Extended Composition), composed of: B. Vesterdorf,
composed       of:   J.    Azizi,  President,     and     R.      President, and C. W. Bellamy, R. M. Moura Ramos, J.
García-Valdecasas, R. M. Moura Ramos, M. Jaeger and P.            Pirrung and P. Mengozzi, Judges; B. Pastor, Principal
Mengozzi, Judges; A. Mair, Administrator, for the                 Administrator, for the Registrar, has given a judgment on
Registrar, has given a judgment on 21 January 1999, in            28 January 1999, in which it:
which it:
                                                                  1. Dismisses the action.
1. Dismisses the application for confidential treatment.
2. Dismisses the application for access to the file relating      2. Orders the applicant to pay the costs.
    to the Commission's decision of 1 August 1988.
                                                                  (1) OJ C 77, 16.3.1996.
3. Dismisses the applications in Joined Cases T-129/95,
    T-2/96 and T-97/96.