CELEX: C2002/169/53
Language: en
Date: 2002-07-13 00:00:00
Title: Judgment of the Court of First Instance 30 April 2002 In Joined Cases T-195/01 and T-207/01: Government of Gibraltar v Commission of the European Communities (State aid — Tax legislation — Existing aid or new aid — Initiation of the formal investigation procedure provided for in Article 88(2) EC)

C 169/30                EN                      Official Journal of the European Communities                                          13.7.2002
1.    Dismisses the application;                                               JUDGMENT OF THE COURT OF FIRST INSTANCE
2.    Orders each party to bear its own costs.
                                                                                                     30 April 2002
(1) OJ C 316 of 4.11.00.                                                   In Joined Cases T-195/01 and T-207/01: Government of
                                                                            Gibraltar v Commission of the European Communities (1)
                                                                           (State aid — Tax legislation — Existing aid or new aid —
                                                                           Initiation of the formal investigation procedure provided for
                                                                                                  in Article 88(2) EC)
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                                         (2002/C 169/53)
                            3 May 2002                                                        (Language of the case: English)
in Case T-177/01: Jégo-Quéré et Cie SA v Commission of
                 the European Communities (1)
                                                                           In Joined Cases T-195/01 and T-207/01, Government of
(Fisheries — Regulation (EC) No 1162/2001 — Recovery of                    Gibraltar, represented by A. Sutton and M. Llamas, Barristers,
the stock of hake — Fishing company — Action for                           and W. Schuster, lawyer, with an address for service in
annulment — Person individually concerned — Admissi-                       Luxembourg, v Commission of the European Communities
                               bility)                                     (Agent: V. Di Bucci and R. Lyal), supported by Kingdom of
                                                                           Spain (Agent: R. Silva de Lapuerta): Application for annulment
                                                                           of decisions SG(2001) D/289755 and SG(2001) D/289757 of
                          (2002/C 169/52)                                  the Commission of 11 July 2001 initiating the procedure
                                                                           provided for by Article 88(2) EC in respect of the Gibraltarian
                    (Language of the case: French)                         legislation on exempt companies and qualifying companies,
                                                                           the Court of First Instance (Second Chamber, Extended Com-
                                                                           position), composed of: R.M. Moura Ramos, President, V. Tiili,
                                                                           J. Pirrung, P. Mengozzi and A.W.H. Meij, Judges; J. Plingers,
                                                                           Administrator, for the Registrar, has given a judgment on
In Case T-177/01, Jégo-Quéré et Cie SA, established at Lorient             30 April 2002, in which it:
(France), represented by A. Creus Carreras, B. Uriarte Valiente
and A. Agustinoy Guilayn, lawyers, v Commission of the
European Communities (Agents: T. van Rijn and A. Bordes):                  1.    In Case T-195/01:
Application for annulment of Articles 3(d) and 5 of Com-
mission Regulation (EC) No 1162/2001 of 14 June 2001
establishing measures for the recovery of the stock of hake in                   (a)  Annuls decision SG (2001) D/289755 of the Com-
ICES sub-areas III, IV, V, VI and VII and ICES divisions VIII a,                      mission of 11 July 2001 initiating the procedure laid
b, d, e and associated conditions for the control of activities of                    down in Article 88(2) EC in respect of the Gibraltar
fishing vessels (OJ 2001 L 159, p. 4), the Court of First                             exempt companies legislation;
Instance (First Chamber, Extended Composition), composed
of: B. Vesterdorf, President, K. Lenaerts, J. Azizi, N.J. Forwood                (b) Orders the Commission to pay the costs incurred by the
and H. Legal, Judges; D. Christensen, Administrator, for the                          Government of Gibraltar and to bear its own costs, with
Registrar, has given a judgment on 3 May 2002, in which it:                           the exception of the costs of the interlocutory proceedings
                                                                                      in Case T-195/01 R, which shall be paid in their entirety
                                                                                      by the Government of Gibraltar;
1.    Dismisses the objection of inadmissibility;
                                                                                 (c)  Orders the Kingdom of Spain to bear its own costs;
2.    Orders that the proceedings be continued in relation to the
      substance;
                                                                           2.    In Case T-207/01:
3.    Reserves the costs.
                                                                                 (a)  Dismisses the application;
(1) OJ C 289 of 13.10.2001.                                                      (b) Orders the Government of Gibraltar to pay the costs
                                                                                      incurred by the Commission and to bear its own costs,
                                                                                      including those incurred in the interlocutory proceedings
                                                                                      in Case T-207/01 R;
 ---pagebreak--- 13.7.2002               EN                      Official Journal of the European Communities                                         C 169/31
      (c)  Orders the Kingdom of Spain to bear its own costs.                     ORDER OF THE COURT OF FIRST INSTANCE
                                                                                                    of 16 April 2002
(1) OJ C 303 of 27.10.2001.
                                                                           in Case T-64/00: Continental and Overseas Investments
                                                                               N.V. v Commission of the European Communities (1)
                                                                           (Action for annulment — Importation of television sets from
                                                                                           Turkey — No need to adjudicate)
                                                                                                    (2002/C 169/55)
      ORDER OF THE COURT OF FIRST INSTANCE
                                                                                               (Language of the case: Dutch)
                          of 9 April 2002
                                                                           In Case T-64/00: Continental and Overseas Investments N.V.
in Case T-210/93: H. Hepp v Council of the European                        (formerly Jubertrade N.V.), established in Antwerp (Belgium),
 Union and Commission of the European Communities (1)                      represented by Y. van Gerven and I. Bernaerts, lawyers, with
                                                                           an address for service in Luxembourg, against Commission of
(Action for damages — Non-contractual liability — Milk                     the European Communities (Agents: R. Tricot and J. Stuyck)
— Producers subscribed to non-marketing or reconversion                    — application for the annulment of Commission Decision
            undertakings — No need to adjudicate)                          C(1999)4419 final (REC 4/99) of 14 December 1999 finding
                                                                           that it was appropriate, first, to make post clearance recovery
                                                                           and, secondly, to refuse to refund duties in respect of the
                          (2002/C 169/54)                                  importation of television sets from Turkey — the Court of
                                                                           First Instance (Third Chamber), composed of M. Jaeger,
                                                                           President, K. Lenaerts and J. Azizi, Judges; H. Jung, Registrar,
                   (Language of the case: German)                          made an order on 16 April 2002, the operative part of which
                                                                           is as follows:
                                                                           1.    There is no need to adjudicate on the present case.
In Case T-210/93: H. Hepp, residing in Villmar-Weyer (Germ-
any), represented by H. Heep, lawyer, against Council of the               2.    The Commission shall pay all the costs.
European Union (Agents: A. Brautigam and A.-M. Colaert) and
Commission of the European Communities (Agents: D. Booß,
M. Niejahr, H.-J. Rabe and Núñez-Müller) — application for               (1) OJ 149 C 27.5.00.
compensation pursuant to Articles 178 and the second
paragraph of Article 215 of the EC Treaty (now, Article 235
EC and the second paragraph of Article 288 EC) for the loss
suffered by the applicant as a result of having been prevented
from marketing milk pursuant to Council Regulation (EEC)
No 857/84 of 31 March 1984 adopting general rules for the
application of the levy referred to in Article 5c of Regulation                   ORDER OF THE COURT OF FIRST INSTANCE
(EEC) No 804/68 in the milk and milk products sector
(OJ 1984 L 93, p. 13), supplemented by Commission Regu-                                             of 16 April 2002
lation (EEC) No 1371/84 of 16 May 1984 (OJ 1984 L 132,
p. 11) — the Court of First Instance (Second Chamber,                      in Case T-204/00: CCBB Vervoer- en Distributiecentrum
Extended Composition), composed of R.M. Moura Ramos,                           B.V. v Commission of the European Communities (1)
President V. Tiili, J. Pirrung, P. Mengozzi and A.W.H. Meij,
Judges; H. Jung, Registrar, made an order on 22 March 2002,
the operative part of which is as follows:                                 (Action for annulment — Imports of television sets from
                                                                                     Turkey — Case not proceeding to judgment)
1.    There is no need to adjudicate on the present case.                                           (2002/C 169/56)
2.    The parties shall bear their own costs.                                                  (Language of the case: Dutch)
(1) OJ 270 C 19.10.92.                                                     In Case T-204/00: CCBB Vervoer- en Distributiecentrum B.V.,
                                                                           represented by R.G. Baron Snouckaert van Schauburg, lawyer,
                                                                           with an address for service in Luxembourg, v Commission of
                                                                           the European Communities (Agent: R. Tricot) — application