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C 314/14 EN Official Journal of the European Union 18.12.

2004

JUDGMENT OF THE COURT OF FIRST INSTANCE and by F. Wiemer, lawyers, with an address for service in
Luxembourg, against Commission of the European Commu-
of 14 October 2004 nities — application for annulment of Commission Decision
2003/25/EC of 11 December 2001 relating to a proceeding
under Article 81 of the EC Treaty — (Case COMP/E —
in Case T-56/02: Bayerische Hypo- und Vereinsbank AG v
1/37.919 (ex 37.391) — Bank charges for exchanging euro-
Commission of the European Communities (1)
zone currencies — Germany) (OJ 2003 L 15, p. 1) — the
Court of First Instance (Fifth Chamber), composed of P. Lindh,
(Competition — Article 81 EC — Price-fixing agreement and President, R. García-Valdecasas and J.D. Cooke, Judges; H. Jung,
ways of charging for currency exchange services — Germany for the Registrar, has given a judgment on 14 October 2004,
— Procedure in default) in which it:

(2004/C 314/35)
1. Annuls Commission Decision 2003/25/EC of 11 December
(Language of the case: German) 2001 relating to a proceeding under Article 81 of the EC Treaty
(Case COMP/E — 1/37.919 (ex 37.391) — Bank charges for
exchanging euro-zone currencies — Germany) in so far as it
In Case T-56/02: Bayerische Hypo- und Vereinsbank AG, estab- concerns the applicant;
lished in Munich (Germany), represented by W. Knapp,
T. Müller-Ibold and B. Bergmann, lawyers, with an address for
service in Luxembourg, against Commission of the European 2. Orders the Commission to pay the costs.
Communities — application for annulment of Commission
Decision 2003/25/EC of 11 December 2001 relating to a
proceeding under Article 81 of the EC Treaty — (Case COMP/E (1) OJ C 109 of 4.5.2002.
— 1/37.919 (ex 37.391) — Bank charges for exchanging euro-
zone currencies — Germany) (OJ 2003 L 15, p. 1) — the
Court of First Instance (Fifth Chamber), composed of P. Lindh,
President, R. García-Valdecasas and J.D. Cooke, Judges; H. Jung,
Registrar, has given a judgment on 14 October 2004, in which
it:

1. Annuls Commission Decision 2003/25/EC of 11 December JUDGMENT OF THE COURT OF FIRST INSTANCE
2001 relating to a proceeding under Article 81 of the EC Treaty
(Case COMP/E — 1/37.919 (ex 37.391) — Bank charges for
exchanging euro-zone currencies — Germany) in so far as it of 14 October 2004
concerns the applicant;

2. Orders the Commission to pay the costs. in Case T-61/02: Commerzbank AG v Commission of the
European Communities (1)

(1) OJ C 109 of 4.5.2002.


(Competition — Article 81 EC — Price-fixing agreement and
ways of charging for currency exchange services — Germany
— Procedure in default)

(2004/C 314/37)
JUDGMENT OF THE COURT OF FIRST INSTANCE

of 14 October 2004 (Language of the case: German)

in Case T-60/02: Deutsche Verkehrsbank AG v Commis-


sion of the European Communities (1)

(Competition — Article 81 EC — Price-fixing agreement and In Case T-61/02: Commerzbank AG, established in Frankfurt
ways of charging for currency exchange services — Germany am Main (Germany), represented by H. Satzky, lawyers, with an
— Procedure in default) address for service in Luxembourg, against Commission of the
European Communities — application for annulment of
(2004/C 314/36) Commission Decision 2003/25/EC of 11 December 2001
relating to a proceeding under Article 81 of the EC Treaty —
(Case COMP/E — 1/37.919 (ex 37.391) — Bank charges for
(Language of the case: German)
exchanging euro-zone currencies — Germany) (OJ 2003 L 15,
p. 1) — the Court of First Instance (Fifth Chamber), composed
of P. Lindh, President, R. García-Valdecasas and J.D. Cooke,
In Case T-60/02: Deutsche Verkehrsbank AG, established in Judges; H. Jung, Registrar, has given a judgment on 14 October
Frankfurt am Main (Germany), represented by M. Klusmann 2004, in which it:
18.12.2004 EN Official Journal of the European Union C 314/15

1. Annuls Commission Decision 2003/25/EC of 11 December JUDGMENT OF THE COURT OF FIRST INSTANCE
2001 relating to a proceeding under Article 81 of the EC Treaty
(Case COMP/E — 1/37.919 (ex 37.391) — Bank charges for
exchanging euro-zone currencies — Germany) in so far as it of 5 October 2004
concerns the applicant;

2. Orders the Commission to pay the costs. in Case T-144/02: Richard J. Eagle and Others v Commis-
sion of the European Communities (1)

(1) OJ C 109 of 4.5.2002.


(Staff employed at the JET Joint Undertaking — Equal treat-
ment — Failure to confer status of temporary servant —
Article 152 EA — Reasonable time — Material damage
sustained)

(2004/C 314/39)

(Language of the case: English)


JUDGMENT OF THE COURT OF FIRST INSTANCE

of 14 October 2004
In Case T-144/02: Richard J. Eagle, residing in Oxfordshire
(United Kingdom), and the 12 applicants whose names appear
in Case T-137/02: Pollmeier Malchow GmbH & Co. KG v in the annex, represented by D. Beard, Barrister, against
Commission of the European Communities (1) Commission of the European Communities (Agents: J. Currall
and L. Escobar Guerrero, with an address for service in Luxem-
bourg), supported by Council of the European Union (Agents:
(State aid — Action for annulment — Recommendation J.-P. Hix and A. Pilette) — application for damages for the
96/280/EC — Meaning of small and medium-sized enter- material loss sustained as a result of the failure to recruit the
prises (SMEs)) applicants as temporary servants of the Communities during
the time they worked at the Joint European Torus (JET) Joint
(2004/C 314/38) Undertaking — the Court of First Instance (First Chamber),
composed of B. Vesterdorf, President, M. Jaeger and H. Legal,
Judges; J. Plingers, Administrator, for the Registrar, has given a
(Language of the case: German) judgment on 5 October 2004, in which it:

1. Orders the Commission to pay damages for the financial loss


sustained by each of the applicants as a result of the fact that they
In Case T-137/02: Pollmeier Malchow GmbH & Co. KG, estab- were not recruited as temporary servants of the Communities
lished in Malchow (Germany), represented by S. Völcker and during the time they worked at the Joint European Torus (JET)
J. Heithecker, lawyers, against Commission of the European Joint Undertaking;
Communities (Agents: V. Kreuschitz and V. Di Bucci, and M.
Núñez-Müller) — action for annulment of Commission Deci-
sion 2002/821/EC of 15 January 2002 on the State aid imple-
mented by Germany for Pollmeier GmbH, Malchow (OJ 2002 2. Orders the parties to produce to the Court of First Instance within
L 296, p. 20) — the Court of First Instance (Fourth Chamber, six months of this judgment an agreement on the quantum of
Extended Composition), composed of H. Legal, President, V. damages due in reparation of the said loss;
Tiili, A.W.H. Meij, M. Vilaras and N.J. Forwood, Judges; D.
Christensen, Administrator, for the Registrar, has given a judg-
ment on 14 October 2004, in which it: 3. In the absence of agreement orders the parties to put before the
Court of First Instance within the same period their submissions
on the quantum of damages;
1. Dismisses the action;

2. Orders the applicant to pay the costs. 4. Reserves the costs.

(1) OJ C 169 of 13.7.2002.


(1) OJ C 169 of 13.07.2002.