CELEX: C2000/355/51
Language: en
Date: 2000-12-09 00:00:00
Title: Judgment of the Court of First Instance of 27 September 2000 in Case T-317/99: Franz Lemaître v the Commission of the European Communities (Officials — Expatriation allowance — Installation allowance — Article 4(1)(b) and Article 5 of Annex VII to the Staff Regulations)

9.12.2000               EN                      Official Journal of the European Communities                                          C 355/23
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                      ORDER OF THE COURT OF FIRST INSTANCE
                                                                                                      of 25 July 2000
                      of 27 September 2000
                                                                           in Case T-110/98: RJB Mining plc v Commission of the
                                                                                               European Communities (1)
in Case T-317/99: Franz Lemaître v the Commission of
                  the European Communities(1)
                                                                           (ECSC Treaty — State aid — Operating aid — Conditions
                                                                           for authorisation — Obligation to state reasons — Further
                                                                           steps in proceedings after interlocutory judgment — Appli-
(Officials — Expatriation allowance — Installation allow-                         cation manifestly lacking any foundation in law)
ance — Article 4(1)(b) and Article 5 of Annex VII to the
                         Staff Regulations)
                                                                                                     (2000/C 355/52)
                          (2000/C 355/51)
                                                                                               (Language of the case: English)
                                                                           In Case T-110/98: RJB Mining plc, with its registered office at
                                                                           Harworth, United Kingdom, represented by M. Brealey, Barris-
                    (Language of the case: French)
                                                                           ter, and J. Lawrence, Solicitor, with an address for service in
                                                                           Luxembourg at the Chambers of Arendt and Medernach, 8-10
                                                                           Rue Mathias Hardt, against Commission of the European
In Case T-317/99: Franz Lemaître, official at the Commission               Communities (Agents: initially P.F. Nemitz, and subsequently
of the European Communities, residing in Céroux-Mousty                     K.-D. Borchardt and N. Khan), supported by Federal Republic
(Belgium), represented by G. Vandersanden, of the Brussels                 of Germany (Agents: C.-D. Quassowski, and M. Schütte),
Bar, with an address for service in Luxembourg at Société de               Kingdom of Spain, (Agent: R. Silva de Lapuerta) and RAG
gestion fiduciaire SARL, 13, avenue du Bois, against the                   Aktiengesellschaft, established in Essen, Germany, represented
Commission of the European Communities (Agents: J. Currall                 by M. Hansen, of the Copenhagen Bar, and S.B. Völcker,
and D. Waelbroeck) — application for the annulment of the                  Rechtsanwalt, Berlin, with an address for service in Luxem-
decisions contained in letters from the Commission of                      bourg at the Chambers of Loesch and Wolter, 11 Rue
18 February 1999 and 12 March 1999 refusing to grant                       Goethe — application for annulment of Commission Decision
the applicant an expatriation allowance and an installation                98/687/ECSC of 10 June 1998 on German aid to the coal
allowance, respectively — the Court of First Instance (Single-             industry for 1997 (OJ 1998 L 324, p. 30) — the Court of First
Judge Chamber — R.M. Moura Ramos); G. Herzig, adminis-                     Instance (Second Chamber, Extended Composition), composed
trator, for the Registrar, gave a judgment on 27 September                 of: J. Pirrung, President, J. Azizi, A. Potocki, M. Jaeger and
2000, in which it:                                                         A.W.H. Meij, Judges; H. Jung, Registrar, has made an order on
                                                                           25 July 2000, in which it has ruled:
1.    annuls the decision of the Commission of 12 March 1999               1.    The application is dismissed as manifestly lacking any foun-
      refusing to grant the applicant an installation allowance;                 dation in law, in so far as it is based on pleas in law which
                                                                                 were not rejected by the interlocutory judgment of 9 September
                                                                                 1999 in this case.
2.    dismisses the remainder of the application;
                                                                           2.    The applicant shall bear its own costs and pay those of the
                                                                                 Commission and RAG Aktiengesellschaft, including those
3.    orders the Commission to pay its own costs and half of the                 relating to the interlocutory proceedings in Case T-110/98 R,
      applicant’s costs and orders the applicant to bear half of his             the interlocutory judgment and the order of 25 October 1999.
      own costs.
                                                                           3.    The Federal Republic of Germany and the Kingdom of Spain
                                                                                 shall bear their own costs.
(1) OJ No C 47 of 19.2.2000.
                                                                           (1) OJ C 299 of 26.9.98.