CELEX: C1998/340/33
Language: en
Date: 1998-11-07 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 15 September 1998 in Joined Cases T-180/96 and T-181/96: Mediocurso, Estabelecimento de Ensino Particular, Limitada, against the Commission of the European Communities (European Social Fund - Approval decision - Reduction of financial assistance - Prior hearing of beneficiary - Consultation of the Member State - Protection of legitimate expectations - Legal certainty - Statement of reasons - Manifest error of assessment)

C 340/18              EN                 Official Journal of the European Communities                                   7.11.98
represented by Santiago MunÄoz Machado, of the Madrid               Ente Partecipazioni e Finanziamento Industria Manifattu-
Bar, with an address for service in Luxembourg at the               riera (EFIM), established in Rome, represented by Antonio
Chambers of Carlos Amo QuinÄones, 2 Rue Gabriel                     Tizzano and Gian Michele Roberti, of the Naples Bar, 36
Lippmann, v. Commission of the European Communities                 Place du Grand Sablon, Brussels, against Commission of
(Agents: initially GeÂrard Rozet, and Fernando Castillo de          the European Communities (Agents: initially Paul Nemitz,
la Torre, and then Mr Rozet and Juan Guerra FernaÂndez,             Lucio Gussetti and Enrico Altieri, subsequently Paul
supported by the French Republic (Agents: Catherine de              Nemitz and Paolo Stancanelli), supported by French
Salins, and Gauthier Mignot), Ð application for a                   Republic (Agents: Catherine de Salins, Kareen Rispal-
declaration under Article 175 of the EC Treaty that the             Bellanger, Jean-Marc Belorgey, FreÂdeÂrik Million and
Commission failed to fulfil its obligations under the               Gautier Mignot) and Manoir Industries SA, established in
Treaty, first, by failing to adopt a decision in relation to        Paris, represented by Bernard van de Walle de Ghelcke, of
the complaints made by the applicant against the                    the Brussels Bar, with an address for service in
Kingdom of Spain for breach of Article 92 of the Treaty             Luxembourg at the Chambers of Freddy Brausch, 11 rue
and secondly by failing to initiate the procedure provided          Goethe, Ð application for annulment of Commission
for under Article 93(2) of the Treaty, alternatively, for           Decision 96/614/EC of 29 May 1996 concerning certain
annulment under Article 173 of the Treaty of the                    measures granted by Italy in favour of Breda Fucine
Commission's decision allegedly contained in a letter of            Meridionali SpA (OJ L 272 of 25.10.1996, p. 46),
20 February 1996, Ð the Court of First Instance (Third              declaring the State aid granted by the Italian Government
Chamber, Extended Composition), composed of: V. Tiili,              to Breda Fucine Meridionali SpA incompatible with the
President, C. P. BrieÈt, K. Lenaerts, A. Potocki and J. D.          common market and illegal, Ð the Court of First Instance
Cooke, Judges; H. Jung, Registrar, has given a judgment             (Third Chamber, Extended Composition), composed of: V.
on 15 September 1998, in which it:                                  Tiili, President; C. P. BrieÈt, K. Lenaerts, A. Potocki and
                                                                    J. D. Cooke, Judges; J. Palacio GonzaÂlez, Administrator,
                                                                    for the Registrar, has given a judgment on 15 September
1. declares that the Commission failed to fulfil its                1998, in which it:
     obligations under the EC Treaty by failing to adopt a
     decision following the two complaints lodged by the
                                                                    1. dismisses the applications;
     applicant on 2 March 1992 and 12 November 1993;
                                                                    2. orders the applicants to pay jointly and severally the
2. orders the Commission to pay the applicant's costs                    costs incurred by the Commission and by Manoir
     other than those incurred as a result of the                        industries SA;
     intervention by the French Republic;
                                                                    3. orders the French Republic to pay its own costs.
3. orders the French Republic to bear its own costs
                                                                    (1) OJ C 318, 26.10.1996.
     together with the costs incurred by the applicant by
     reason of its intervention.
(1) OJ C 247 of 24.8.1996.
                                                                      JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                        of 15 September 1998
                                                                    in Joined Cases T-180/96 and T-181/96: Mediocurso,
                                                                    Estabelecimento de Ensino Particular, Limitada, against
  JUDGMENT OF THE COURT OF FIRST INSTANCE                                 the Commission of the European Communities (1)
                     of 15 September 1998                           (European Social Fund Ð Approval decision Ð Reduction
in Joined Cases T-126/96 and T-127/96: Breda Fucine                 of financial assistance Ð Prior hearing of beneficiary Ð
Meridionali SpA (BFM) and Ente Partecipazioni e Finan-              Consultation of the Member State Ð Protection of
ziamento Industria Manifatturiera (EFIM) v. Commission              legitimate expectations Ð Legal certainty Ð Statement of
               of the European Communities (1)                                reasons Ð Manifest error of assessment)
(State aid Ð Article 93(2) of the EC Treaty Ð Notice of                                     (98/C 340/33)
initiation of procedure Ð Aid not explicitly mentioned Ð
Aid to companies located in disadvantaged regions Ð                               (Language of the case: Portuguese)
   Restructuring Ð Recovery of aid Ð Limitation period)
                         (98/C 340/32)                              In Joined Cases T-180/96 and T-181/96, Mediocurso, Esta-
                                                                    belecimento de Ensino Particular, Limitada, established in
                                                                    Lisbon, represented by Carlos Botelho Moniz and Paulo
                (Language of the case: Italian)                     Moura Pinheiro, of the Lisbon Bar, with an address for
                                                                    service in Luxembourg at the Chambers of Aloyse May,
                                                                    31, Grand-rue, against Commission of the European
In Joined Cases T-126/96 and T-127/96, Breda Fucine                 Communities (Agents: Maria Teresa Figueira and Knut
Meridionali SpA (BFM), established in Bari (Italy), and             Simonsson) Ð application for the annulment of
 ---pagebreak--- 7.11.98                EN                 Official Journal of the European Communities                                  C 340/19
Commission Decision C (96)1185 of 14 August 1996                     personal file Ð the Court of First Instance (Fourth
reducing the amount of aid granted in Decision C(89)                 Chamber), composed of: P. Lindh, President, and K.
0570 of 22 March 1989, and of Commission Decision                    Lenaerts and J. D. Cooke, Judges; J. Palacio GonzaÂlez,
C(96) 1186 of 14 August 1996 reducing the amount of                  Administrator, for the Registrar, has given a judgment on
aid granted in Decision C(89) 0570 of 22 March 1989 Ð                16 September 1998, in which it:
the Court of First Instance (Third Chamber), composed of:
V. Tiili, President, C. P. BrieÈt and A. Potocki, Judges; B.
Pastor, Principal Administrator, for the Registrar, gave a           1. orders the Commission to pay the sum of BFR 35 000
judgment on 15 September 1998 in which it:                                which it has agreed to award to the applicant, if it has
                                                                          not already made that payment;
1. joins Cases T-180/96 and T-181/96 for the purposes of             2. dismisses the remainder of the action;
    the judgment;
                                                                     3. orders the parties to bear their own costs.
2. in Case T-180/96, annuls Commission Decision
    C(96)1185 of 14 August 1996 in so far as it relates to
                                                                     (1) OJ C 40 of 8.2.1997.
    sub-heading 14.3.12 of the applicant's request for
    payment, and for the rest dismisses the application;
3. dismisses the application in Case T-181/96;
                                                                       JUDGMENT OF THE COURT OF FIRST INSTANCE
4. orders the parties to bear their own costs in Case
    T-180/96;                                                                             of 30 September 1998
                                                                     in Case T-43/97: Isabelle Adine-Blanc v. Commission of
                                                                                      the European Communities (1)
5. orders the applicant to pay the costs in Case T-181/96.
                                                                     (Officials Ð Auxiliary staff Ð Duration of contract Ð
                                                                     Principle of the protection of legitimate expectations Ð
(1) OJ C 26 of 25.1.1997.                                            Duty to have regard for the welfare and interests of
                                                                             officials Ð Principle of sound administration)
                                                                                              (98/C 340/35)
                                                                                      (Language of the case: French)
  JUDGMENT OF THE COURT OF FIRST INSTANCE
                     of 16 September 1998                            In Case T-43/97: Isabelle Adine-Blanc, residing in Paris,
                                                                     represented by Jean-NoeÈl Louis, Thierry Demaseure and,
in Case T-193/96: Lars Bo Rasmussen v. Commission of                 initially, Ariane Tornel, of the Brussels Bar, with an
                the European Communities (1)                         address for service in Luxembourg at the offices of Fidu-
                                                                     ciaire Myson SARL, 30 rue de Cessange, v. Commission
(Officials Ð Staff report Ð Reiteration of the contents of           of the European Communities (Agents: Christine Berardis-
the previous report Ð Belated inclusion in the personal              Kayser and Florence Clotuche) Ð application, first, for
                 file of the person concerned)                       annulment of the Commission's decision of 20 June 1996
                          (98/C 340/34)                              reducing from 36 months to 3 months the duration of a
                                                                     contract offering the applicant a position as a member of
                                                                     the auxiliary staff and, second, for compensation for the
               (Language of the case: French)                        material and non-material damage suffered by the
                                                                     applicant as a result of that decision Ð the Court of First
                                                                     Instance (Fifth Chamber), composed of: J. Azizi, President,
In Case T-193/96: Lars Bo Rasmussen, an official of the              and R. García-Valdecasas and M. Jaeger, Judges; A. Mair,
Commission of the European Communities, residing at                  Administrator, for the Registrar, has given a judgment on
Dalheim (Luxembourg), represented by Carlo Revoldini,                30 September 1998, in which it:
of the Luxembourg Bar, with an address for service in
Luxembourg at the latter's Chambers, 180 Route de
                                                                     1. dismisses the application;
Longwy, v. Commission of the European Communities
(Agents: Christine Berardis-Kayser and Alberto Dal Ferro)
Ð application, first, for annulment of the decision of the           2. orders the parties to bear their own costs.
Commission of 23 October 1995 rejecting the applicant's
request for the drawing-up of his staff report for the
                                                                     (1) OJ C 142 of 10.5.1997.
period 1991Ð1993 and, second, for compensation for the
non-material damage allegedly suffered by the applicant as
a result of the belated inclusion of that staff report in his