# C_2009205EN.01000301.xml

| 29.8.2009 | EN | Official Journal of the European Union | C 205/3 |
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29.8.2009

EN

Official Journal of the European Union

C 205/3

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Judgment of the Court (Third Chamber) of 9 July 2009 — 3F, formerly Specialarbejderforbundet i Danmark (SID) v Commission of the European Communities, Kingdom of Denmark, Kingdom of Norway

(Case C-319/07 P) (1)

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(Appeals - Tax relief measures for seafarers employed on board vessels registered in the Danish International Register - Commission decision not to raise objections - Action for annulment - Concept of party concerned - Trade union - Admissibility of the action)

2009/C 205/03

Language of the case: English

Parties

Parties

Appellant: 3F, formerly Specialarbejderforbundet i Danmark (SID) (represented by: A.P. Bentley QC and A. Worsøe, advokat)

Appellant:

Other parties to the proceedings: Commission of the European Communities (represented by: N. Khan and H. van Vliet, Agents), Kingdom of Denmark, Kingdom of Norway

Other parties to the proceedings:

Re:

Re:

Appeal against the order of the Second Chamber (Extended Composition) of the Court of First Instance of 23 April 2007 in Case T-30/03 Specialarbejderforbundet Danmark (SID) v Commission of the European Communities declaring inadmissible an action for the annulment of Commission Decision C(2002) 4370 final of 13 November 2002 to regard the tax reduction measures applicable to seafarers on board Danish vessels as State aid compatible with the common market — Concept of party concerned — Trade union

Specialarbejderforbundet Danmark (SID)

Commission of the European Communities

Operative part of the judgment

Operative part of the judgment

| 1. | The order of the Court of First Instance of the European Communities of 23 April 2007 in Case T-30/03 SID v Commission is set aside in part, in so far as it did not address the arguments of 3F relating, first, to the competitive position of 3F in relation to other trade unions in the negotiation of collective agreements applicable to seafarers and, second, to the social aspects of the fiscal measures in relation to seafarers employed on board vessels registered in the Danish International Register of Shipping. |
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1.

The order of the Court of First Instance of the European Communities of 23 April 2007 in Case T-30/03 SID v Commission is set aside in part, in so far as it did not address the arguments of 3F relating, first, to the competitive position of 3F in relation to other trade unions in the negotiation of collective agreements applicable to seafarers and, second, to the social aspects of the fiscal measures in relation to seafarers employed on board vessels registered in the Danish International Register of Shipping.

| 2. | The plea of inadmissibility raised by the Commission of the European Communities before the Court of First Instance of the European Communities is rejected. |
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2.

The plea of inadmissibility raised by the Commission of the European Communities before the Court of First Instance of the European Communities is rejected.

| 3. | The case is remitted to the Court of First Instance of the European Communities for it to rule on the claim by 3F for the annulment of Commission Decision C(2002) 4370 final of 13 November 2002 not to raise objections to the Danish fiscal measures applicable to seafarers employed on board vessels registered in the Danish International Register. |
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3.

The case is remitted to the Court of First Instance of the European Communities for it to rule on the claim by 3F for the annulment of Commission Decision C(2002) 4370 final of 13 November 2002 not to raise objections to the Danish fiscal measures applicable to seafarers employed on board vessels registered in the Danish International Register.

| 4. | Costs are reserved. |
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4.

Costs are reserved.

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(1)  OJ C 211, 8.9.2007.

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