CELEX: C2000/302/72
Language: en
Date: 2000-10-21 00:00:00
Title: Case T-210/00: Action brought on 10 August 2000 by Etablissements Biret et Cie against the Council of the European Union

21.10.2000             EN                     Official Journal of the European Communities                                       C 302/31
      For the Bureau of the European Parliament now to apply             The pleas in law and main arguments are the same as those
      in respect of the applicant the ‘Rules’ of 16 December             put forward by Biret International in Case T-174/00.
      1998 is tantamount to an attempt to alter twelve years
      after their implementation the rules and conditions
      applicable to the competition on the basis of which the
      applicant was recruited to carry out (specifically) the
      duties of Head of the Information Service in Lisbon. By
      doing so, the principle of the non-retroactivity of laws
      has been breached.
                                                                         Action brought on 11 August 2000 by Nuove Industrie
                                                                         Molisane s.r.l. against the Commission of the European
—     Breaches the principle of legality
                                                                                                    Communities
      Adoption of rules with the scope of the ‘Rules on the
      implementation of the mobility policy’ amounts to a                                          (Case T-212/00)
      veritable amendment of the Staff Regulations which
      exceeds the powers of the Parliament to define and                                          (2000/C 302/73)
      implement its staff policy under the provisions of the
      Staff Regulations.
                                                                                            (Language of the Case: Italian)
                                                                         An action against the Commission of the European Communi-
                                                                         ties was brought before the Court of First Instance of the
                                                                         European Communities on 11 August 2000 by Nuove Indus-
                                                                         trie Molisane s.r.l., represented by Ivo Van Bael, of the Brussels
                                                                         Bar, and Fabrizio Di Gianni, of the Rome Bar.
Action brought on 10 August 2000 by Etablissements
  Biret et Cie against the Council of the European Union                 The applicant company claims that the Court should:
                         (Case T-210/00)                                 —     Annul the contested decision in so far as the Commission
                                                                               applied the adjustment factor of 0,75 to the competition
                                                                               assessment criterion, instead of the proposed factor of 1;
                         (2000/C 302/72)
                                                                         —     Order the defendant to pay the costs of the proceedings;
                   (Language of the case: French)                        —     Adopt any other such measure as may appear appropriate
                                                                               on legal and equitable grounds.
An action against the Council of the European Union was
brought before the Court of First Instance of the European
                                                                         Pleas in law and main arguments
Communities on 10 August 2000 by Etablissements Biret et
Cie, established in Paris, represented by Stéphane Rodrigues,
of the Paris Bar.                                                        The applicant in the present case, which is a limited-liability
                                                                         company consisting of a single person, established in Sesto
                                                                         Campano, which is an assisted area for the purposes of
The applicant claims that the Court should:                              Article 87(3)(c) EC, challenges Commission Decision
                                                                         SG(2000)D/103923 of 30 May 2000 (State Aid No N 787/99)
—     establish the liability of the European Community in the           concerning a project for regional investment aid in favour of
      court-supervised liquidation of the applicant’s subsidiary,        the applicant, as defined in the Commission notice on the
      the company known as Biret International;                          multisectoral framework on regional aid for large investment
                                                                         projects.
—     order the Council of the European Union to pay to the
      applicant damages in the sum of FRF 70 630 850;
                                                                         The object of the subsidised project is to establish a plant for
                                                                         the production of clinker (the basic material used in the
—     order the Council of the European Union to pay all the             manufacture of water-activated binders), which the applicant
      costs.                                                             is at present lacking.
                                                                         The aid in question has been declared partially compatible
Pleas in law and main arguments
                                                                         with the common market. The applicant submits in this regard
                                                                         that the Commission’s decision to use, in the formula for
The applicant claims compensation for the loss and damage                determining the maximum allowable aid intensity, the figure
arising from the court-supervised liquidation of its subsidiary,         of 0,75 as the adjustment factor for the competition assess-
Biret International, which has been forced to cease trading as           ment criterion, and consequently to declare compatible only
a result of the prohibition of imports into the Community of             the amount of ITL 29 176,69 million, is vitiated on the
beef and veal, especially of American origin.                            following grounds: