CELEX: C2002/084/25
Language: en
Date: 2002-04-06 00:00:00
Title: Judgment of the Court (Sixth Chamber) 24 January 2002 in Case C-500/99 P: Conserve Italia Soc. Coop. arl v Commission of the European Communities (Appeal — Agriculture — EAGGF — Discontinuance of financial aid — Regulation (EEC) No 355/77 — Regulation (EEC) No 4253/88 — Principle of proportionality)

C 84/16                  EN                      Official Journal of the European Communities                                           6.4.2002
the order of the Court of First Instance of the European                                     JUDGMENT OF THE COURT
Communities (Second Chamber) of 29 September 1999 in
Joined Cases T-148/98 and T-162/98 Evans and Others v
Commission [1999] ECR II-2837, seeking to have that order
set aside, the other parties to the proceedings being: Com-                                          (Sixth Chamber)
mission of the European Communities (agents: M. Erhart
and B. Doherty) and South Wales Small Mines Association,
established in Fochriw, Near Bargoed (United Kingdom),                                               24 January 2002
(agents: T. Sharpe, QC, and M. Brealey, barrister, instructed by
S. Llewellyn Jones, solicitor) the Court (Sixth Chamber),
composed of: F. Macken, President of the Chamber, C. Gul-
mann, J.-P. Puissochet (Rapporteur), R. Schintgen and                       in Case C-500/99 P: Conserve Italia Soc. Coop. arl v
J.N. Cunha Rodrigues, Judges, Advocate General: D. Ruiz-                           Commission of the European Communities (1)
Jarabo Colomer, Registrar: R. Grass, has given a judgment on
10 January 2002, in which it:
                                                                            (Appeal — Agriculture — EAGGF — Discontinuance of
                                                                            financial aid — Regulation (EEC) No 355/77 — Regulation
                                                                                  (EEC) No 4253/88 — Principle of proportionality)
1.   Sets aside the order of the Court of First Instance of 29 Septem-
     ber 1999 in Joined Cases T-148/98 and T-162/98 Evans
     and Others v Commission in so far as:
                                                                                                      (2002/C 84/25)
     —     it dismissed the action in Case T-148/98 as inadmissible;
                                                                                                (Language of the case: Italian)
     —     it joined Cases T-148/98 and T-168/98;
                                                                            (Provisional translation; the definitive translation will be published
                                                                                               in the European Court Reports)
     —     it stated that it was unnecessary to rule on the application
           for legal aid made in Case T-148/98 or on the application
           for leave to intervene made by PowerGen UK plc, National
           Power plc and British Coal Corporation in the same case;
                                                                            In Case C-500/99 P: Conserve Italia Soc. Coop. arl, formerly
                                                                            Massalombarda Colombani SpA, established in San Lazzaro di
     —     it ordered the applicants in Case T-148/98 to bear their         Savena (Italy), (agents: M. Averani, A. Pisaneschi, P. de Caterini
           own costs and, jointly and severally, to pay those incurred      and S. Zunarelli): Appeal against the judgment of the Court of
           by the Commission of the European Communities in Case            First Instance of the European Communities (Third Chamber)
           T-162/98;                                                        of 12 October 1999 in Case T-216/96 Conserve Italia v
                                                                            Commission [1999] ECR II-3139, seeking to have that judg-
                                                                            ment set aside the other party to the proceedings being:
     —     it ordered the applicant in Case T-162/98, jointly and           Commission of the European Communities (agent: F. Ruggeri
           severally with the applicants in Case T-148/98, to pay           Laderchi, assisted by M. Moretto), the Court (Sixth Chamber),
           the costs incurred by the Commission of the European             composed of: F. Macken (Rapporteur), President of the
           Communities in Case T-148/98;                                    Chamber, C. Gulmann, R. Schintgen, V. Skouris and J.N. Cunha
                                                                            Rodrigues, Judges, Advocate General: S. Alber, Registrar:
                                                                            L. Hewlett, Administrator, has given a judgment on 24 January
                                                                            2002, in which it:
2.   Refers Case T-148/98 back to the Court of First Instance to
     enable it to give judgment on the substance of the case;
                                                                            1.    Dismisses the appeal;
3.   Reserves the costs in Case T-148/98.
                                                                            2.    Orders Conserve Italia Soc. Coop. arl to pay the costs.
(1) OJ C 63 of 4.3.2000.
                                                                            (1) OJ C 79 of 18.3.2000.