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C 259/16 EN Official Journal of the European Communities 9.9.

2000

JUDGMENT OF THE COURT OF FIRST INSTANCE JUDGMENT OF THE COURT OF FIRST INSTANCE

of 29 June 2000
of 27 June 2000

in Case T-234/95: DSG Dradenauer Stahlgesellschaft mbH


v Commission of the European Communities (1) in Case T-47/97: Onno Plug v Commission of the Euro-
pean Communities (1)

(ECSC — Action for annulment — State aid — Meaning of


aid — Criterion of the private investor — Economic unit — (Officials — Insurance against the risk of accident and of
Amount of the aid — Misuse of powers) occupational disease — Article 73 of the Staff Regulations
— Articles 18 and 19 of the Rules on the insurance of
officials against the risk of accident and of occupational
(2000/C 259/25) disease — Rate of partial permanent invalidity — Res
judicata — Action for damages)

(Language of the case: German)


(2000/C 259/26)

In Case T-234/95: DSG Dradenauer Stahlgesellschaft mbH,


formerly Hamburger Stahlwerke GmbH, established in Ham-
burg (Germany), represented initially by A. Löhde, Rechtsan- (Language of the case: French)
walt, Hamburg, and subsequently by W. Hofer, U. Theune,
M. Luther and K. von Gierke, Rechtsanwälte, Hamburg, with
an address for service in Luxembourg at the Chambers of
L. Dupong, 4-6 Rue de la Boucherie, supported by the In Case T-47/97: Onno Plug, formerly a member of the
Federal Republic of Germany (Agents: initially E. Röder, and temporary staff of the Commission, residing at Thônex
subsequently by W.D. Plessing, M. Schütte, W. Mueller-Stöfen (Switzerland), represented by G. Vandersanden and L. Lévi, of
and W. Kirchhoff), against the Commission of the European the Brussels Bar, with an address for service in Luxembourg at
Communities (Agents: P. Nemitz, M. Hilf and P. Hommelhoff), the offices of Société de Gestion Fiduciaire SARL, 2-4 Rue
supported by the United Kingdom of Great Britain and Beck, v Commission of the European Communities (Agents:
Northern Ireland (Agent: L. Nicoll) — application for the G. Valsesia and J. Currall) — application, first, for annulment
annulment of Commission Decision 96/236/ECSC of of the Commission’s implicit decision rejecting the applicant’s
31 October 1995 concerning State aid granted by the city of request of 22 February 1996 for the adoption of a decision
Hamburg to the ECSC steel undertaking Hamburger Stahlwer- under Article 19 of the Rules on the insurance of officials of
ke GmbH, Hamburg (OJ 1996 L 78, p. 31) — the Court the European Communities against the risk of accident and of
of First Instance (Fifth Chamber, Extended Composition), occupational disease without seeking new expert medical
composed of J.D. Cooke, President of the Chamber, R. Garcı́a- reports and, second, for compensation for the damage allegedly
Valdecasas, P. Lindh, J. Pirrung and M. Vilaras, Judges; A. Mair, suffered by the applicant, amounting to a sum equivalent to
Administrator, for the Registrar, has given a judgment on 13 years of his salary — the Court of First Instance (Fifth
29 June 2000, in which it: Chamber), composed of: R. Garcı́a-Valdecasas, President, and
P. Lindh and J.D. Cooke, Judges; B. Pastor, Principal Adminis-
trator, for the Registrar, has given a judgment on 27 June
1. dismisses the action; 2000, in which it:

2. orders the applicant to bear its own costs and those incurred by
the Commission; 1. Dismisses the action;

3. orders the Federal Republic of Germany and the United 2. Orders the applicant to bear his own costs and to pay the costs
Kingdom, which have intervened in the dispute, to bear their of the Commission.
own costs.

(1) OJ C 142 of 10.5.1997.


(1) OJ No C 64, 2.3.1996.