CELEX: C2003/251/20
Language: en
Date: 2003-10-18 00:00:00
Title: Order of the Court of First Instance of 9 July 2003 in Case T-216/01: Reisebank AG v Commission of the European Communities (Action for annulment — Application for access to documents — Decision of the Hearing Officer — Admissibility)

C 251/10               EN                        Official Journal of the European Union                                         18.10.2003
                                                       COURT OF FIRST INSTANCE
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                     ORDER OF THE COURT OF FIRST INSTANCE
                        of 5 August 2003
                                                                                                    of 9 July 2003
in Joined Cases T-116/01 and T-118/01: P & O European
Ferries (Vizcaya), SA and Diputación Foral de Vizcaya v                   in Case T-216/01: Reisebank AG v Commission of the
       Commission of the European Communities (1)                                           European Communities (1)
(State aid — Actions for annulment — Decision terminating
a review procedure initiated under Article 88(2) EC —                     (Action for annulment — Application for access to docu-
Concept of State aid — Purchase of services by the State                  ments — Decision of the Hearing Officer — Admissibility)
at the market price — Aid having a social character granted
without discrimination related to the origin of the products
concerned — Failure to order a Member State to produce the                                         (2003/C 251/20)
necessary information — Obligation to refund aid —
Legitimate expectations of recipients — Statement of
                              reasons)                                                      (Language of the case: German)
                         (2003/C 251/19)
            (Language of the case: Spanish and English)                   In Case T-216/01: Reisebank AG, established in Frankfurt am
                                                                          Main (Germany), represented by M. Klusmann and F. Wiemer,
                                                                          lawyers, against the Commission of the European
                                                                          Communities (Agent: S. Rating) — application for annulment
In Joined Cases T-116/01 and T-118/01, P&O European                       of the Hearing Officer's decision of 14 August 2001 refusing
Ferries (Vizcaya) SA, formerly Ferries Golfo de Vizcaya SA,               to allow the applicant access to certain documents concerning
established in Bilbao (Spain), represented by Sir Jeremy Lever            the closure of the proceeding in Case COMP/E-1/37.919 —
QC, D. Beard, barrister, J. Ellison, solicitor, and J. Folguera           bank fees for currency exchange in the Euro zone, initiated
Crespo, lawyer, v Commission of the European Communities                  against other banks — the Court of First Instance (Fifth
(Agent: J. Flett): Application for annulment of Commission                Chamber), composed of R. García-Valdecasas, President,
Decision 2001/247/EC of 29 November 2000 on the aid                       P. Lindh and J. D. Cooke, Judges; H. Jung, Registrar, has made
scheme implemented by Spain in favour of the shipping com-                an order on 9 July 2003, in which it:
pany Ferries Golfo de Vizcaya (OJ 2001 L 89, p. 28), the Court
of First Instance (First Chamber, Extended Composition), com-
posed of: B. Vesterdorf, President, K. Lenaerts, J. Azizi,
M. Jaeger and H. Legal, Judges; J. Palacio González, Principal
Administrator, for the Registrar, has given a judgment on
5 August 2003, in which it:
                                                                          1.   Dismisses the action as inadmissible.
1.   Dismisses the actions;
                                                                          2.   Orders the applicant to bear its own and the defendant's costs,
2.   Orders the applicant, in each case, to bear its own costs and             including the costs of the interlocutory proceedings in Case
     those incurred by the Commission;                                         T-216/01 R.
3.   Orders the interveners to bear their own costs.
                                                                          (1) OJ C 331 of 24.11.01.
(1) OJ C 212 of 28.07.2001 and C 227 of 11.08.2001.