CELEX: C2001/259/22
Language: en
Date: 2001-09-15 00:00:00
Title: Case T-133/01: Action brought on 12 June 2001 by Jörg Riedemann, Rechtsanwalt, as liquidator of ZEMAG GmbH, against the Commission of the European Communities

C 259/12                EN                      Official Journal of the European Communities                                      15.9.2001
D. López Garido, lawyer, with an address for service in                   ORDER OF THE PRESIDENT OF THE COURT OF FIRST
Luxembourg against the Council of the European Union                                                    INSTANCE
(Agents: F. Anton and G. Ramos Ruano) and the European
Parliament (Agents: M. Gómez Leal and F. de Wachter) —                                              of 8 May 2001
application for annulment of the guide for candidates and the
notice of competition aimed at drawing up reserve lists for
Spanish-language adminstrators and Spanish-language assist-                in Case T-95/01 R: Gérard Coget and Others v Court of
ant administrators (EUR/A/159/2000 and PE/90/A — the                                  Auditors of the European Communities
Court of First Instance (Second Chamber), composed of
A.W.H. Meij (President), A. Potocki and J. Pirrung, Judges;                (Applications for interim measures — Officials — Internal
H. Jung, Registrar, made an order on 2 May 2001, the operative                              competition — Admissibility)
part of which is as follows:
                                                                                                    (2001/C 259/21)
1.    The application is dismissed as inadmissible;
2.    The parties shall bear their own costs, including costs relating                        (Language of the case: French)
      to proceedings on the application for interim measures.
                                                                           In Case T-95/01 R: Gérard Coget, an official of the Court of
                                                                           Auditors of the European Communities, Hettange-Grande,
(1) OJ C 316 of 4.11.00.                                                   France, Pierre Hugé, an official of the Court of Auditors of the
                                                                           European Communities, residing in Bonnevoie, Grand Duchy
                                                                           of Luxembourg, and Emmanuel Gabolde, an official of the
                                                                           Court of Auditors of the European Communities, residing in
                                                                           Metz, France, represented by André Soulier, lawyer, against
                                                                           Court of Auditors of the European Communities — application
                                                                           for suspension of operation of the decision of the Court of
                                                                           Auditors of 22 February 2001 filling, with effect from 1 July
ORDER OF THE PRESIDENT OF THE COURT OF FIRST                               2001, the post of Secretary General — the President of the
                              INSTANCE                                     Court of First Instance made an order on 8 May 2001, the
                                                                           operative part of which is as follows:
                          of 21 May 2001
                                                                           1.   The application for interim measures is dismissed as inadmis-
                                                                                sible.
in Case T-52/01 R: Jürgen Schaefer v the Commission of
                  the European Communities                                 2.   The costs are reserved.
(Applications for interim measures — Officials — Reassign-
    ment — Admissibility — Prima facie case — Urgency)
                          (2001/C 259/20)
                                                                           Action brought on 12 June 2001 by Jörg Riedemann,
                                                                           Rechtsanwalt, as liquidator of ZEMAG GmbH, against the
                                                                                   Commission of the European Communities
                   (Language of the case: Spanish)
                                                                                                    (Case T-133/01)
In Case T-52/01 R: Jürgen Schaefer, an official of the Com-
mission of the European Communities, represented by
                                                                                                    (2001/C 259/22)
J. R. Iturriagagoitia, lawyer, against Commission of the Euro-
pean Communities (Agents: J. Currall and E. Gippini-Fournier)
— application for first, suspension of operation of the decision
                                                                                             (Language of the case: German)
of the Commission of 12 February 2001 transferring the
applicant to Brussels and, secondly, suspension of any pro-
cedure initiated with a view to filling the vacancy arising from           An action against the Commission of the European Communi-
the order transferring the applicant — the President of the                ties was brought before the Court of First Instance of the
Court of First Instance made an order on 21 May 2001, the                  European Communities on 12 June 2001 by Jörg Riedemann,
operative part of which is as follows:                                     Rechtsanwalt, as liquidator of ZEMAG GmbH, Zeitz, Germany,
                                                                           represented by Ulrich Vahlhaus, Rechtsanwalt.
1.    The application for interim measures is dismissed.
                                                                           The applicant claims that the Court should annul Commission
2.    The costs are reserved.
                                                                           decision K(2201)1028 of 28 March 2001 on state aid granted
                                                                           by Germany to EFBE Verwaltungs GmbH & Co Management
                                                                           KG (now Lintra Beteiligungs Holdings GmbH, together with
 ---pagebreak--- 15.9.2001             EN                   Official Journal of the European Communities                                       C 259/13
Zeitzer Maschinen, Anlagen Geräte GmbH, LandTechnik                   Action brought on 19 June 2001 by F against the Court of
Schlüter GmbH, ILKA MAFA Kältetechnik GmbH, SKL Motore-                           Auditors of the European Communities
n- und Systembautechnik GmbH, SKL Spezialapparatebau
GmbH, Magdeburger Eisengießerei GmbH, Saxonia Edelmetal-
le GmbH and Gothaer Fahrzeugwerk GmbH) (State aid                                              (Case T-138/01)
No C 41/99 (EXN49/95) Germany) in so far as it affects
ZEMAG (Zeitzer Maschinen, Anlagen Geräte) GmbH.
                                                                                              (2001/C 259/23)
Pleas in law and main arguments
                                                                                         (Language of the case: French)
By the contested decision, the Commission required Germany
to demand repayment of aid totalling DEM 34 978 million               An action against the Court of Auditors of the European
from Lintra Beteiligungsholding GmbH and its subsidiary               Community was brought before the Court of First Instance of
companies. A total sum of DEM 6 496 271 was filed against             the European Communities on 19 June 2001 by F, domiciled
ZEMAG GmbH in the context of that company’s insolvency                in Luxembourg, represented by Patrick Goergen, Lawyer, with
proceedings. The Commission claims that the aid to the ‘Lintra        an address for service in Luxembourg.
Group’ was unlawful and used in contravention of what was
laid down by the approved restructuring plan.
                                                                      The applicant claims that the Court should:
The applicant claims that the Commission made its decision
on the basis of false premisses. Also, the Commission did not         —     Annul the Decision of 4 December 2000.
consider itself required to examine to what extent individual
undertakings within the group profited from the aid, liability
being assumed on grounds of convenience without any more              —     Order the Court of Auditors of the European Communi-
searching enquiries of subsidiary companies such as ZEMAG                   ties to pay the applicant the sum of EUR 100 000 in
GmbH.                                                                       compensation for non-material damage suffered.
The applicant argues that the Commission misused its discre-          —     Order the Court of Auditors of the European Communi-
tion. It demands the repayment of aid directly from the debtor              ties to pay the costs.
on insolvency, although the aid was not paid to the latter but
to the holding company.
The applicant further argues that the procedure under                 Pleas in law and main arguments
Article 88(2) EC has been partially circumvented. The contested
measure was thus in breach of discretion, since, if the
Commission had investigated the matter carefully, it would
have been better able to judge the specific situation. It would       The applicant challenges the decision to reassign her to the
then also have been able to determine specifically what amount        translation service as a principal revisor translator responsible
of aid might under certain circumstances have been actually           for unrevised Italian translations and under the direct authority
reclaimable from the applicant.                                       of head of division but not attached to the Italian section.
Irrespective of an obligation to demand repayment of the aid          In support of her action, the applicant pleads infringement of
in question, such an obligation would affect ZEMAG GmbH               procedural requirements in so far as the contested decision
only if the former company members remained members of                contains no grounds and infringement of the rights of the
the company after the second privatisation in 1997, which             defence, a manifest error of assessment, infringement of the
was not the case. Direct personal liability of members thus           principle of the protection of legitimate expectations and
ceased to exist, at least after the second privatisation. Nor,        infringement of the principle of proper administration and the
finally, was there any legal basis for demanding repayment            duty to have regard for the welfare of officials. The applicant
from the subsidiary companies in accordance with a formula,           further claims misuse of power.
as laid down in the contested decision.