CELEX: C1999/352/56
Language: en
Date: 1999-12-04 00:00:00
Title: Judgment of the Court of First Instance Of 12 October 1999 in Case T-216/96: Conserve Italia Soc. Coop. arl, formerly Massalombarda Colombani SpA v Commission of the European Communities (Agriculture - European Agricultural Guidance and Guarantee Fund - Withdrawal of financial assistance - Regulation (EEC) No 355/77 - Regulation (EEC) No 4253/88 - Regulation (EEC) No 4256/88 - Regulation (EC, Euratom) No 2988/95 - Principle of the legality of the penalty imposed - Legitimate expectations - Abuse of power - Principle of proportionality - Statement of reasons)

C 352/32                EN                      Official Journal of the European Communities                                        4.12.1999
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                    JUDGMENT OF THE COURT OF FIRST INSTANCE
                        of 12 October 1999
                                                                                                   of 6 October 1999
in Case T-216/96: Conserve Italia Soc. Coop. arl, formerly
Massalombarda Colombani SpA v Commission of the
                    European Communities (1)                               in Case T-110/97: Kneissl Dachstein Sportartikel AG v
                                                                                  Commission of the European Communities (1)
(Agriculture — European Agricultural Guidance and
Guarantee Fund — Withdrawal of financial assistance —
Regulation (EEC) No 355/77 — Regulation (EEC)                              (Decision authorising State aid for restructuring — Starting
No 4253/88 — Regulation (EEC) No 4256/88 — Regulation                      point for the time-limit for bringing an action against a
(EC, Euratom) No 2988/95 — Principle of the legality of the                third party — Requirements for the compatibility of the aid)
penalty imposed — Legitimate expectations — Abuse of
power — Principle of proportionality — Statement of
                              reasons)
                                                                                                     (1999/C 352/57)
                          (1999/C 352/56)
                                                                                              (Language of the case: German)
                    (Language of the case: Italian)
In Case T-216/96: Conserve Italia Soc. Coop. arl, formerly                 In Case T-110/97: Kneissl Dachstein Sportartikel AG, estab-
Massalombarda Colombani SpA, established at Massa Lombar-                  lished at Molln (Austria), represented by Georg Divok, of the
da (Italy), represented by Marina Averani and Andrea Pisanes-              Vienna Bar, against Commission of the European Communities
chi, of the Sienna Bar, and Paolo de Caterini, of the Rome Bar,            (Agents: Paul F. Nemitz and Frank Paul), supported by the
with an address for service in Luxembourg at the Chambers of               Republic of Austria (Agent: Christine Stix-Hackl and Michael
Charles Turk, 13B, Avenue Guillaume, against Commission of                 Krassnigg) and by HTM Sport- und Freizeitgeräte AG, estab-
the European Communities (Agents: Paolo Ziotti, Francesco                  lished at Schwechat (Austria), represented by Wolfgang Knapp,
Paolo Ruggeri Laderchi and Massimo Moretto) — application                  of the Brussels and Frankfurt Bars, and Till Müller-Ibold, of the
for the annulment of Commission Decision C (96) 2760 of                    Frankfurt Bar, with an address for service in Luxembourg at
3 October 1996 withdrawing the financial assistance granted                the Chambers of Arendt and Medernach, 8 to 10 Rue Mathias
from the European Agricultural Guidance and Guarantee                      Hardt — application for the annulment of Commission
Fund to the company Massalombarda Colombani SpA by                         Decision 97/81/EC of 30 July 1996 concerning aid granted by
Commission Decision C (90) 950/356 of 29 July 1990, and,                   the Austrian Government to the undertaking Head Tyrolia
in so far as is necessary, the avoidance of any act of                     Mares in the form of injections of capital (OJ 1997 L 25, p. 26)
the Commission connected with that decision, in particular                 — the Court of First Instance (Second Chamber, Extended
Working Document VI/1216/86-IT on the fixing of the                        Composition), composed of A. Potocki, President, and K. Le-
maximum allowable financial assistance from the European                   naerts, C.W. Bellamy, J. Azizi and A.W.H. Meij, Judges; J. Pala-
Agricultural Guidance and Guarantee Fund, ‘Orientation’ sec-               cio González, Administrator, for the Registrar; has given a
tion, in the context of Council Regulation (EEC) No 355/77 of              judgment on 6 October 1999, in which it:
15 February 1977 on common measures to improve the
conditions under which agricultural products are processed
and marketed (OJ 1977 L 51, p. 1) — the Court of First                     1. Dismisses the application;
Instance (Third Chamber), composed of M. Jaeger, President,
and K. Lenaerts and J. Azizi, Judges; B. Pastor, Principal Admin-
istrator, for the Registrar, has given a judgment on 12 October            2. Orders the applicant to pay the costs incurred by the Commission
1999, in which it:                                                              and by the intervener Head Tyrolia Mares;
1. Dismisses the application;
                                                                           3. Orders the Republic of Austria to bear its own costs.
2. Orders the applicant to bear its own costs together with those
     incurred by the defendant.
                                                                           (1) OJ C 199 of 28.6.1997.
(1) OJ C 94 of 22.3.1997.