CELEX: C2000/259/26
Language: en
Date: 2000-09-09 00:00:00
Title: Judgment of the Court of First Instance of 27 June 2000 in Case T-47/97: Onno Plug v Commission of the European Communities (Officials — Insurance against the risk of accident and of occupational disease — Article 73 of the Staff Regulations — Articles 18 and 19 of the Rules on the insurance of officials against the risk of accident and of occupational disease — Rate of partial permanent invalidity — Res judicata — Action for damages)

C 259/16                EN                      Official Journal of the European Communities                                         9.9.2000
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                    JUDGMENT OF THE COURT OF FIRST INSTANCE
                          of 29 June 2000
                                                                                                    of 27 June 2000
in Case T-234/95: DSG Dradenauer Stahlgesellschaft mbH
      v Commission of the European Communities (1)                         in Case T-47/97: Onno Plug v Commission of the Euro-
                                                                                                pean Communities (1)
(ECSC — Action for annulment — State aid — Meaning of
aid — Criterion of the private investor — Economic unit —                  (Officials — Insurance against the risk of accident and of
            Amount of the aid — Misuse of powers)                          occupational disease — Article 73 of the Staff Regulations
                                                                           — Articles 18 and 19 of the Rules on the insurance of
                                                                           officials against the risk of accident and of occupational
                          (2000/C 259/25)                                  disease — Rate of partial permanent invalidity — Res
                                                                                           judicata — Action for damages)
                   (Language of the case: German)
                                                                                                    (2000/C 259/26)
In Case T-234/95: DSG Dradenauer Stahlgesellschaft mbH,
formerly Hamburger Stahlwerke GmbH, established in Ham-
burg (Germany), represented initially by A. Löhde, Rechtsan-                                  (Language of the case: French)
walt, Hamburg, and subsequently by W. Hofer, U. Theune,
M. Luther and K. von Gierke, Rechtsanwälte, Hamburg, with
an address for service in Luxembourg at the Chambers of
L. Dupong, 4-6 Rue de la Boucherie, supported by the                       In Case T-47/97: Onno Plug, formerly a member of the
Federal Republic of Germany (Agents: initially E. Röder, and               temporary staff of the Commission, residing at Thônex
subsequently by W.D. Plessing, M. Schütte, W. Mueller-Stöfen               (Switzerland), represented by G. Vandersanden and L. Lévi, of
and W. Kirchhoff), against the Commission of the European                  the Brussels Bar, with an address for service in Luxembourg at
Communities (Agents: P. Nemitz, M. Hilf and P. Hommelhoff),                the offices of Société de Gestion Fiduciaire SARL, 2-4 Rue
supported by the United Kingdom of Great Britain and                       Beck, v Commission of the European Communities (Agents:
Northern Ireland (Agent: L. Nicoll) — application for the                  G. Valsesia and J. Currall) — application, first, for annulment
annulment of Commission Decision 96/236/ECSC of                            of the Commission’s implicit decision rejecting the applicant’s
31 October 1995 concerning State aid granted by the city of                request of 22 February 1996 for the adoption of a decision
Hamburg to the ECSC steel undertaking Hamburger Stahlwer-                  under Article 19 of the Rules on the insurance of officials of
ke GmbH, Hamburg (OJ 1996 L 78, p. 31) — the Court                         the European Communities against the risk of accident and of
of First Instance (Fifth Chamber, Extended Composition),                   occupational disease without seeking new expert medical
composed of J.D. Cooke, President of the Chamber, R. Garcı́a-              reports and, second, for compensation for the damage allegedly
Valdecasas, P. Lindh, J. Pirrung and M. Vilaras, Judges; A. Mair,          suffered by the applicant, amounting to a sum equivalent to
Administrator, for the Registrar, has given a judgment on                  13 years of his salary — the Court of First Instance (Fifth
29 June 2000, in which it:                                                 Chamber), composed of: R. Garcı́a-Valdecasas, President, and
                                                                           P. Lindh and J.D. Cooke, Judges; B. Pastor, Principal Adminis-
                                                                           trator, for the Registrar, has given a judgment on 27 June
1.    dismisses the action;                                                2000, in which it:
2.    orders the applicant to bear its own costs and those incurred by
      the Commission;                                                      1.    Dismisses the action;
3.    orders the Federal Republic of Germany and the United                2.    Orders the applicant to bear his own costs and to pay the costs
      Kingdom, which have intervened in the dispute, to bear their               of the Commission.
      own costs.
                                                                           (1) OJ C 142 of 10.5.1997.
(1) OJ No C 64, 2.3.1996.