CELEX: C2001/150/37
Language: en
Date: 2001-05-19 00:00:00
Title: Judgment of the Court of First Instance of 15 March 2001 in Case T-73/98: Société Chimique Prayon-Rupel SA v Commission of the European Communities (State aid — Failure to open the procedure under Article 93(2) of the EC Treaty (now Article 88(2) EC) — Serious difficulty)

C 150/20                EN                      Official Journal of the European Communities                                           19.5.2001
                                                          COURT OF FIRST INSTANCE
   JUDGMENT OF THE COURT OF FIRST INSTANCE                                 2.    Orders the defendant to pay the applicant the arrears of
                                                                                 remuneration not received since the withdrawal of his resig-
                                                                                 nation, together with default interest at the rate of 6,75%;
                       of 23 February 2001
                                                                           3.    Orders the defendant to pay the applicant the token sum of one
                                                                                 euro by way of compensation for non-pecuniary damage;
in Joined Cases T-7/98, T-208/98 and T-109/99; Carlo De                    4.    Orders the defendant to pay all the costs;
            Nicola v European Investment Bank (1)
                                                                           5.    Dismisses the remainder of the application.
(European Investment Bank — Staff — Action for annul-
ment — Admissibility — Time-limit for initiating action —                  (1) OJ C 94, (28.3.1998), and C 71, (13.3.1999).
Substance — Anual performance appraisal — Promotion —
Consideration of comparative merits — Principle of equal
treatment — Misuse of powers — Mental harassment —
Resignation — Conditions of validity — Form — Capacity
— Refusal of administration to accept withdrawal of resig-
nation — Request to remove documents from the file —
                        Action for damages)
                                                                               JUDGMENT OF THE COURT OF FIRST INSTANCE
                          (2001/C 150/36)
                                                                                                    of 15 March 2001
                                                                           in Case T-73/98: Société Chimique Prayon-Rupel SA v
                    (Language of the case: Italian)                                Commission of the European Communities (1)
                                                                           (State aid — Failure to open the procedure under Article
In Joined Cases T-7/98 and T-208/98; Carlo De Nicola, an                   93(2) of the EC Treaty (now Article 88(2) EC) — Serious
employee of the European Investment Bank, residing in                                                    difficulty)
Strassen (Luxembourg), represented by L. Isola, avocat, and
also, in Case T-7/98, by F. Randolph, Barrister, against
European Investment Bank (Agents: initially, in Case                                                 (2001/C 150/37)
T-78/98, G. Marchegiani and then, and also in Case T-208/98,
P. Koskelo, E. Uhlmann and C. Camilli) — application for
annulment of the applicant’s annual performance appraisals                                     (Language of the case: French)
for 1996 and 1997 in so far as they do not contain a proposal
for promotion and also of the promotion decisions taken
by the European Investment Bank following those annual                     In Case T-73/98: Société Chimique Prayon-Rupel SA, estab-
appraisals, in so far as they relate to promotions from Function           lished in Engis (Belgium), represented by B. van de Walle de
E to Function D and fail to promote the applicant to                       Ghelcke, lawyer, with an address for service in Luxembourg,
Function D, and T-109; Carlo De Nicola, a former servant of                against Commission of the European Communities (Agent:
the European Investment Bank, residing in Rome, represented                D. Triantafyllou), supported by the Federal Republic of Germ-
by L. Isola, avocat, against European Investment Bank (Agents:             any (Agents: B. Muttelsee-Schön and C. von Donat) —
P. Koskelo, E. Uhlmann and C. Camilli) — application for a                 application for annulment of the decision of the Commission
declaration that the applicant’s resignation is void and for               of 16 December 1997 to raise no objection to the grant of aid
annulment of the European Investment Bank’s letter of 2 Febru-             by the Federal Republic of Germany to Chemische Werke
ary 1999 refusing to accept the withdrawal of that resignation             Piesteritz GmbH — the Court of First Instance (Fifth Chamber,
and the letter of 25 February 1999 purporting to dismiss the               Extended Composition), composed of R. Garcı́a-Valdecasas,
applicant — the Court of First Instance, composed of K. Lena-              President, and P. Lindh, J.D. Cooke, M. Vilaras and N.J. For-
erts, President, and J. Azizi and M. Jaeger, Judges; B. Pastor,            wood, Judges; B. Pastor, Principal Administrator, for the
Principal Administrator, for the Registrar, has given a judgment           Registrar; has given a judgment on 15 March 2001, in which
on 23 February 2001, in which it:                                          it:
                                                                           1.    Annuls the decision of the Commission of 16 December 1997
1.    Annuls the defendant’s decision of 2 February 1999 refusing                to raise no objection to the grant of aid by the Federal Republic
      to accept the withdrawal of the applicant’s resignation;                   of Germany to Chemische Werke Piesteritz GmbH;
 ---pagebreak--- 19.5.2001               EN                      Official Journal of the European Communities                                         C 150/21
2.    Orders the Commission to bear its own costs together with                JUDGMENT OF THE COURT OF FIRST INSTANCE
      those of the applicant in the main proceedings and in the
      application for interim relief;                                                              of 8 February 2001
3.    Orders the Federal Republic of Germany to bear its own costs.
                                                                           in Case T-183/98: Jean-François Ferrandi v Commission
                                                                                          of the European Communities (1)
(1) OJ C 312 of 10.10.98.
                                                                           (Officials — Transfer of pension rights — Weighting for
                                                                           old-age pension — Protection against the risk of sickness —
                                                                                     Invalidity pension — Force of res judicata)
                                                                                                     (2001/C 150/39)
    JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                               (Language of the case: French)
                       of 20 February 2001
                                                                           In Case T-183/98: Jean-François Ferrandi, former official at the
                                                                           Commission of the European Communities, residing in Ajaccio
in Case T-112/98: Mannesmannröhren-Werke AG v Com-                         (France), represented by J.-B. Giuseppi, avocat, with an address
           mission of the European Communities (1)                         for service in Luxembourg, against Commission of the Euro-
                                                                           pean Communities (Agents: G. Valsesia and F. Clotuche-
(Action for annulment — Competition — Decision to request                  Duvieusart) — application for, first, annulment of the decision
information — Periodic penalty payments — Right to refuse                  of the Commission to reject the applicant’s requests for his
to provide answers that imply admission of an infringement                 pension rights acquired prior to entering the service of
— Convention for the Protection of Human Rights and                        the European Communities to be transferred, the weighting
                      Fundamental Freedoms)                                applicable to his old-age pension to be recalculated, for
                                                                           protection against the risk of sickness and for an invalidity
                                                                           pension and, secondly, for compensation for harm caused as a
                          (2001/C 150/38)
                                                                           result of those requests having been refused — the Court of
                                                                           First Instance (Single Judge: P. Mengozzi); H. Jung, Registrar,
                                                                           gave a judgment on 8 February 2001, in which it:
                   (Language of the case: German)
                                                                           1.    dismisses the application;
In Case T-112/98: Mannesmannröhren-Werke AG, established
at Mülheim an der Ruhr (Germany), represented by M. Klus-                  2.    orders each of the parties to bear their own costs.
mann and K. Moosecker, Rechtsanwälte, with an address for
service in Luxembourg, against Commission of the European
Communities (Agents: K. Wiedner and M. Hilf) — application                 (1) OJ C 1 of 4.1.99.
for annulment of Commission Decision C(98) 1204 of 15 May
1998 relating to a procedure under Article 11(5) of Council
Regulation No 17 — the Court of First Instance (First Chamber,
Extended Composition), composed of B. Vesterdorf, President,
and A. Potocki, A.W.H. Meij, M. Vilaras and N.J. Forwood,
Judges; H. Jung, Registrar, has given a judgment on 20 February
2001, in which it:                                                             JUDGMENT OF THE COURT OF FIRST INSTANCE
1.    Annuls Commission Decision C(98) 1204 of 15 May 1998                                         of 1 February 2001
      relating to a procedure under Article 11(5) of Council
      Regulation No 17, in so far as it relates to the last indent of
      each of questions 1.6, 1.7 and 2.3 and to question 1.8 of the        in Case T-1/99: T. Port GmbH & Co. KG v Commission of
      request for information sent to the applicant on 13 August                            the European Communities (1)
      1997;
                                                                           (Bananas — Common organisation of the markets —
2.    Dismisses the remainder of the application;                          Regulation (EC) No 478/95 — Export licence scheme —
                                                                              Action for damages — Proof of damage and causal link)
3.    Orders the defendant to bear its own costs and to pay two thirds
      of the costs of the applicant, which shall bear the remaining                                  (2001/C 150/40)
      third.
                                                                                              (Language of the case: German)
(1) OJ C 312 of 10.10.98.
                                                                           In Case T-1/99: T. Port GmbH & Co. KG, established in
                                                                           Hamburg (Germany), represented by G. Meier, Rechtsanwalt,