24.11.2001 EN C 331/27 Official Journal of the European Communities
Action brought on 21 September 2001 by ReiseBank AG In August 2001 the applicant made an application to inspect
the defendant’s files containing information on the fees and against the Commission of the European Communities
conditions applicable in the national investigations that were
abandoned. The defendant refused that application in the
(Case T-216/01) contested decision.
(2001/C 331/44)In support of its claim the applicant submits that the defend-
ant’s decision caused material and irreversible damage to its
rights of defence. If it were not granted permission to carry(Language of the case: German)out a search, the defendant — as it said it intended to do —
would adopt a decision to impose a fine closing the procedure,
which would adversely affect the applicant. Furthermore the
applicant has not made submissions on the unequal treatmentit received in the context of the investigation and the decisionAn action against the Commission of the European Communi-terminating the investigation would be adopted without theties was brought before the Court of First Instance of theadvisory committee and the College of Commissioners beingEuropean Communities on 21 September 2001 by ReiseBankable to take advice on that unequal treatment. Even if theAG, Frankfurt am Main (Germany), represented by Rechtsan-financial penalty were to be annulled in court proceedingswälte M. Klusmann and F. Wiemer.subsequently, the applicant would still suffer irreversible
damage.
The applicant claims that the Court should:
The applicant submits that the defendant is under a duty to
disclose to the undertakings to which the procedure relates all
— annul the defendant’s decision of 14 August 2001 documents both favourable and adverse. On the basis that
in Case COMP/E-1/37.919 — bank fees for currency there must be equality of arms, the defendant must on no
exchange in the Euro zone: Germany (Deutsche Ver- account be able to keep to itself information that is significant
kehrsbank v Reisebank); to the defence of the applicant. The documents which the
applicant has asked to see are very likely to show that the
applicant was treated unequally in comparison with other
— order the defendant to pay the costs. banks concerned by the procedure to which the procedure
relates to its detriment. Finally, the request to see the docu-
ments cannot under any circumstances be refused on theground that they relate to commercial secrets or are internal.
Pleas in law and main arguments
The applicant buys from and sells to the public foreign
currencies, inter alia . At the beginning of 1999 the defendant
opened an investigation into approximately 150 banks in
various Member States on suspicion that the banks had, in Action brought on 20 September 2001 by SINAGA,
anticipation of the introduction of the euro, agreed on the Sociedade de Indu ´strias Agrı ´colas Açoreanas, SA against
structure and level of exchange fees for euro currencies during Commission of the European Communities
the transitional period from 1 January 1999. That investigation
was later divided into individual procedures at national level.
(Case T-222/01)
(2001/C 331/45)In August 2000 the defendant sent the applicant its objections
to which the applicant responded.
(Language of the case: Portuguese)
In April and May 2001 the defendant announced that it had
abandoned the investigation into the Dutch, Belgian and someof the German banks and justified that step by stating that An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the those banks had lowered their fees beforehand. In May 2001
the applicant sent the defendant an offer to bring the European Communities on 20 September 2001 by SINAGA,
Sociedade de Indu ´strias Agrı ´colas Açoreanas, SA, whose investigation to a close by amicable agreement, which was
similar to a decrease in fees proposed by another bank. The registered office is at Ponta Delgada, Açores, Rua de Lisboa,
n.
o75, represented by Dr. Ma ´rio Marques Mendes Prof. defendant declined that offer and further attempts to bring the
investigation to a close by consent failed. Doutora Maria Luı ´sa Duarte, lawyers.
C 331/28 EN 24.11.2001 Official Journal of the European Communities
The applicant claims that the Court should: The applicant claims that the Court should:
— declare the action to be admissible;
— annul the whole of the Commission’s decision of 11 July
— annul the annex to Commission Regulation (EC) 2001 relating to the system of State aid applied by Spain
No 1281/2001 (1) in so far as it fixes the quantities to certain newly-created undertakings in Navarra (Spain),
of sugar considered necessary to supply the Azores,
maintaining in force the preceding situation;
— in the alternative, annul Article 3 of the decision on the— order the Commission of the European Communities toground that repayment of the aid is unjustified,pay all the costs.
— order the Commission to pay the costs.
Pleas in law and main arguments
Infringement of Article 190 of the EC Treaty (now Article 253
EC): manifestly inadequate and inconsistent statement of
reasons, Pleas in law and main arguments
Infringement of Articles 2, 3 and 8 of Council Regulation
(EEC) No 1600/92 of 15 June 1992: the forecast supply
The applicant is challenging Commission Decision balance, drawn up by the Commission, does not take account
C(2001)1762 final of 11 July 2001 in so far as it characterises of traditional trade flows,
as State aid incompatible with the common market the tax
reductions under Articles 52 to 56 of the Ley Foral (Regional
Infringement of Article 227 of the EC Treaty (now, after Law) 24/1996 del impuesto sobre sociedades (Regional Law
amendment, Article 299 EC): failure to take account of the on corporation tax) of 30 December 1996 (Boletı ´n Oficial de
said provision when interpreting and applying legislative Navarra No 159 of 31 December 1996) which provide for a
provisions applicable to the outermost regions, reduction of 50 % on the aforementioned tax for undertakings
which take up business in the Autonomous Community of
Navarra after the entry into force of that Law, provided theyInfringement of Article 4(1) of the EC Treaty (now Article 7(1)invest a minimum of ESP 100 million (EUR 601 012 ) andEC): the Commission has exercised its executive powers in acreate more than 10 new jobs.manifestly abusive and unlawful manner,
Breach of the principle of proportionality: the effects of the
forecast made in Commission Regulation (EC) No 1281/2000According to the applicant, the contested decision wronglyare unfair and unreasonable.finds that the fiscal regime in question provides for aid within
the meaning of Community law, given that they do not
comply with the requirements of Article 87 of the EC Treaty:(1) OJ L 176, 29.6.2001, p. 12.
(a) State resources are not involved. A measure granting a
fiscal reduction does not entail a reduction in Staterevenue, since that would imply that there is a homo-
geneous tax debt for which all tax payers are liable.
Action brought on 24 September 2001 by Gobierno
Foral de Navarra against Commission of the European
Communities (b) So far as concerns the charge that competition and trade
are affected, there are a number of reasons for the view
that the Commission has not given an adequate reason (Case T-225/01)
for its finding:
(2001/C 331/46)
— The Commission has not given the reasons on which(Language of the case: Spanish)its decision is based. Despite having in the file full
details regarding the undertakings concerned, the
decision contains no analysis whatever either of the
competitive situation of the only two undertakings An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the to which the reduction has been applied and the
extent to which they are involved in intra-Com- European Communities on 24 September 2001 by Gobierno
Foral de Navarra (Navarra Regional Government), Navarra munity trade or even of the economic sectors in
which they operate. (Spain), represented by Marcos Araujo Boyd, lawyer.