CELEX: C2003/304/41
Language: en
Date: 2003-12-13 00:00:00
Title: Judgment of the Court of First Instance of 30 September 2003 in Case T-26/01: Fiocchi munizioni SpA v Commission of the European Communities (Articles 296 EC and 298 EC — State aid granted to an arms production undertaking — Complaint — Action for declaration of failure to act — Inadmissibility)

13.12.2003             EN                          Official Journal of the European Union                                           C 304/23
1)    Dismisses the application.                                           3.    Orders the Commission to pay the costs of the proceedings
                                                                                 which gave rise to the Judgment of the Court of First Instance
                                                                                 of 16 May 2002 Rounis v Commission (T-17/01).
2)    Orders the applicant to bear its own costs and to pay those of
      the Commission and the interveners, KirchPayTV and BSkyB.
                                                                           4.    In the present proceedings, orders the Commission to bear its
                                                                                 own costs and to pay one-third of the costs incurred by the
(1) OJ 2000 C 247 of 26.8.2000.                                                  applicant.
                                                                           (1) OJ C 95 of 24.3.2001.
    JUDGMENT OF THE COURT OF FIRST INSTANCE
                     of 30 September 2003
                                                                               JUDGMENT OF THE COURT OF FIRST INSTANCE
in Case T-17/01: Georgios Rounis v Commission of the
                   European Communities (1)                                                     of 30 September 2003
(Officials — Articles 17(2)(a) and (b) of Annex VII to the                 in Case T-26/01: Fiocchi munizioni SpA v Commission of
Staff Regulations — Transfer of a part of remuneration in                                   the European Communities (1)
the currency of a Member State other than the country in
which the institution has its seat — Conditions — Loss —
                    Assessment of damages)                                 (Articles 296 EC and 298 EC — State aid granted to an
                                                                           arms production undertaking — Complaint — Action for
                                                                                    declaration of failure to act — Inadmissibility)
                         (2003/C 304/40)
                                                                                                    (2003/C 304/41)
                   (Language of the case: French)
                                                                                              (Language of the case: Italian)
In Case T-17/01, Georgios Rounis, an official of the Com-
mission of the European Communities, residing in Brussels
(Belgium), represented by É. Boigelot, lawyer, with an address
for service in Luxembourg, against the Commission of the                   In Case T-26/01, Fiocchi Munizioni SpA, established in Lecco
European Communities (Agents: J. Currall and F. Clotuche-                  (Italy), represented by I. Van Bael, E. Raffaelli, F. Di Gianni
Duvieusart) — application for determination of the amount of               and R. Antonini, lawyers, v Commission of the European
the loss for which the Commission was ordered to compensate                Communities (Agent: V. Di Bucci), supported by Kingdom of
the applicant following annulment by the Court of First                    Spain (Agent: S. Ortiz Vaamonde): Application for a declar-
Instance of the Commission’s decision of 24 February 2000                  ation that the Commission unlawfully refrained from taking a
limiting transfer of the applicant’s emoluments to the United              decision on the merits of the complaint by the applicant
Kingdom to 19 % of his net monthly earnings, the Court of                  concerning a State aid granted by the Kingdom of Spain to the
First Instance, M. Vilaras, Judge; and I. Natsinas, Administrator,         Santa Barbara company, the Court of First Instance (Third
for the Registrar, has given a judgment on 30 September                    Chamber, Extended Composition), composed of: K. Lenaerts,
2003, in which it:                                                         President, P. Lindh, J. Azizi, J.D. Cooke and M. Jaeger, Judges;
                                                                           J. Palacio González, Principal Administrator, for the Registrar,
                                                                           has given a judgment on 30 September 2003, in which it:
1.    Orders the Commission to pay the applicant damages of
      GBP 17 394,64, with interest for late payment at the annual
      rate of 5,25 % annually until payment.                               1.    Dismisses the action as inadmissible;
2.    Dismisses the remainder of the action for damages.                   2.    Orders the applicant to pay the costs;
 ---pagebreak--- C 304/24                 EN                          Official Journal of the European Union                                          13.12.2003
3.    Orders the intervener to bear its own costs.                           2.    Orders each party to bear its own costs including those relation
                                                                                   to the interim proceedings.
(1) OJ C 108 of 7.4.2001.
                                                                             (1) OJ C 289 of 13.10.2001.
    JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                 JUDGMENT OF THE COURT OF FIRST INSTANCE
                       of 30 September 2003                                                         of 30 September 2003
in Case T-196/01: Aristotelio Panepistimio Thessalonikis                     in Case T-203/01: Manufacture française des pneumati-
      v Commission of the European Communities (1)                           ques Michelin v Commission of the European Communi-
                                                                                                            ties (1)
(EAGGF — Discontinuation of financial aid — Article 24
of Regulation (EEC) No 4253/88 — Error of assessment                         (Article 82 EC — System of discounts — Abuse of dominant
— Principle of proportionality — Reasonable period —                                                       position)
                        Statement of reasons)
                                                                                                       (2003/C 304/43)
                          (2003/C 304/42)
                                                                                                  (Language of the case: French)
                      (Language of the case: Greek)
                                                                             In Case T-203/01: Manufacture française des pneumatiques
In Case T-196/01: Aristoteleio Panepistimio Thessalonikis,                   Michelin, established in Clermont-Ferrand (France), represent-
established in Thessaloniki (Greece) represented by D. Niko-                 ed by J.-F. Bellis, M. Wellinger, D. Waelbroeck and M. Johnsson,
poulos, lawyer, with an address for service in Luxembourg, v                 lawyers, with an address for service in Luxembourg, against
Commission of the European Communities (Agents: M. Con-                      Commission of the European Communities (Agents: initially
dou-Durande) — application for annulment of Commission                       É. Gippini Fournier and A. Barav, subsequently R. Wainwright
Decision C (2001) 1284 of 8 June 2001, discontinuing aid to                  and A. Barav), supported by Bandag Inc., established in
the laboratory for forest genetics and the improvement of                    Muscatine, Iowa (United States of America), represented by
ligneous plant species of Aristotelio Panepistimio Thessaloniki              H. Calvet and R. Saint-Esteben, lawyers, with an address for
(University of Thessaloniki) granted by Commission Decision                  service in Luxembourg - application for annulment of the
C (96) 2542 of 25 September 1996 on the grant of EAGGF                       Commission Decision of 20 June 2001 (Case COMP/E-2/
Guidance Section assistance in accordance with Council Regu-                 36.041/PO — Michelin) relating to a proceeding pursuant to
lation (EEC) No 4256/88 in the context of project                            Article 82 EC (OJ 2002, L 143, p. 1) — the Court of First
No 93.EL.06.023, ‘Pilot project on the acceleration of regener-              Instance (Third Chamber), composed of K. Lenaerts, President,
ation of woodland affected by the fires in Greece’, — the Court              J. Azizi and M. Jaeger, Judges; J. Plingers, Administrator, for
of First Instance (Third Chamber), composed of K. Lenaerts,                  the Registrar, gave a judgment on 30 September 2003, in
President, J. Azizi and M. Jaeger, Judges; U. Natsinas, Adminis-             which it:
trator, for the Registrar, has given a judgment on 30 September
2003, in which it:
                                                                             1.    Dismisses the application.
1.    Annuls Commission Decision C (2001) 1284 of the 8 June                 2.    Orders the applicant to bear its own costs and pay those of the
      2001 discontinuing assistance to the laboratory for forestry                 Commission.
      genetics and improvement of ligneous plant species of Aristotelio
      Panepistimio Thessaloniki (Aristoteleio University of Thessa-          3.    Orders Bandag Inc. to bear its own costs.
      loniki) granted by Decision C (96) 2542 of the Commission of
      25 September 1996 on the grant of EAGGF Guidance
      section assistance in accordance with Council Regulation (EEC)         (1) OJ C 331 of 24.11.2001.
      No 4256/88 in the context of Project No 93.EL.06.023 ‘Pilot
      project on the acceleration of regeneration of woodland affected
      by the fires in Greece’;