Keywords

Subject of the case

Operative part



Keywords

Judicial proceedings — Objection of inadmissibility — Decision to join the application for a separate ruling on the objection of inadmissibility to the substance — Dismissal of an action on the substance without ruling on that objection — Discretion of the General Court (Rules of Procedure of the General Court, Arts 111 and 114(4)) (see paras 18-21)

2. State aid — Concept — Granting of an advantage to beneficiaries — Measures designed to compensate for possible competitive disadvantages affecting undertakings established in a given region of a Member State — Included (Art. 87(1) and (3) EC) (see paras 27, 28)

3. State aid — Examination by the Commission — Examination of an aid scheme as a whole — Lawfulness (Arts 87 EC and 88 EC) (see para. 33)

4. State aid — Commission decision — Assessment of legality by reference to information available at the time of adoption of the decision — Applicant having participated in the formal investigation procedure not able to rely, in support of his action, on factual elements not submitted during that procedure (Arts 87 EC, 88 EC and 230 EC) (see paras 34, 35, 64, 65)

5. State aid — Effect on trade between Member States — Adverse effect on competition — Aid of limited individual importance — Beneficiaries carrying on business at local level only — Irrelevant (Art. 87(1) EC) (see para. 38)

6. State aid — Prohibition — Exceptions — Scope of the derogation — Economic disadvantages caused directly by natural disasters or exceptional occurrences — Aid not designed to remedy those disadvantages — Non-application of the derogation (Art. 87(2)(b) EC) (see para. 43)

7. State aid — Prohibition — Exceptions — Aids contributing to the realisation of a major project of general interest — Aid destined for operators established in a single Member State — Non-application of the derogation (Art. 87(3)(b) EC) (see para. 46)

8. State aid — Prohibition — Exceptions — Aid which may be considered compatible with the common market — Aid for the development of particular areas — Exclusion of operating aid save in exceptional circumstances (Art. 87(3)(c) EC) (see para. 53)

9. State aid — Recovery of unlawful aid — Ten-year time limit under Article 15 of Regulation No 659/1999 — Starting-point of the limitation period — Date of payment of the unlawful aid (Art. 88(2) EC; Council Regulation No 659/1999, Art. 15) (see para. 70)

10. State aid — Planned aid — Implementation before a final decision by the Commission — Commission decision ordering repayment of the aid — Obligation to state reasons — Scope (Art. 88(3) EC) (see paras 77, 78)

11. State aid — Recovery of unlawful aid — Payment of interest justified by the need to re-establish the previous position — Fixing of the interest rate — Breach of principle of the protection of legitimate expectation — None (Art. 88(2) EC; Council Regulation No 659/1999, Art. 14) (see paras 86-89)

Subject of the case

Re:

APPLICATION for the annulment of Commission Decision 2000/394/EC of 25 November 1999 on aid to firms in Venice and Chioggia by way of relief from social security contributions under Laws Nos 30/1997 and 206/1995 (OJ 2000 L 150, p. 50).

Operative part

Operative part

1. Cases T-278/00 to T-280/00, T-282/00 to T-286/00 and T-288/00 to T-295/00 are joined for the purposes of this order.

2. The objections of inadmissibility raised by the European Commission are joined to the substance.

3. The actions are dismissed as manifestly lacking any foundation in law.

4. Albergo Quattro Fontane Snc, Comitato ‘Venezia vuole vivere’, Hotel Gabrielli Sandwirth SpA, Astrocoop — Universale — Pulizie, manutenzioni e trasporti Soc. coop. rl, GE.AL.VE. Srl, Metropolitan Srl, Hotel Concordia Snc, Manutencoop Soc. coop. rl, Società per l’industria alberghiera (SPLIA), Principessa Srl, Albergo ristorante ‘All’Angelo’ Snc, Albergo Saturnia Internazionale SpA, Savoia e Jolanda Srl, Hotels Biasutti Snc, Ge.A. P. Srl, Rialto Inn Srl and Bonvecchiati Srl are ordered to bear their own costs and pay those incurred by the Commission.