Judgment of the Court of First Instance of 12 December 2000 in Case T-296/97: Alitalia — Linee aeree italiane SpA v Commission of the European Communities (State aid — Recapitalisation of Alitalia by the Italian authorities — Classification of the measure — Private investor test — Examination by the Commission)
Date: 2001-04-07
Institutions: Court of First Instance
Subjects: European Commission, Italy, action for annulment (EU), air transport, capital increase, control of State aid

C 108/14

EN

Official Journal of the European Communities

7.4.2001

COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 12 December 2000

of 14 December 2000

in Case T-296/97: Alitalia — Linee aeree italiane SpA v
Commission of the European Communities (1)

(State aid — Recapitalisation of Alitalia by the Italian
authorities — Classification of the measure — Private
investor test — Examination by the Commission)

(2001/C 108/22)

in Case T-613/97: Union Française de l’Express (Ufex) and
Others v Commission of the European Communities (1)

(State aid — Rights of the defence — Access to the file —
Requirement to state reasons — Postal sector — Cross-
subsidies between the reserved sector and the competitive
sector — Concept of State aid — Normal market conditions)

(Language of the case: Italian)

(2001/C 108/23)

In Case T-296/97: Alitalia — Linee aeree italiane SpA,
established in Rome, Italy, represented by F. Sciaudone and
G.M. Roberti, of the Naples Bar, M. Siragusa, of the Rome Bar,
G. Scassellati Sforzolini, of the Bologna Bar, M. Beretta, of the
Bergamo Bar, and F.M. Moretti, of the Venice Bar, and initially
by A. Tizzano, of the Naples Bar, with an address for service
the Chambers of Elvinger, Hoss and
in Luxembourg at
Prussen, 2 Place Winston Churchill, against Commission of
the European Communities (Agents: D. Triantafyllou, A. Abate
and E. Cappelli,) supported by Air Europe SpA, established in
Gallarate, Italy, represented by L. Pierallini and A. Costantini,
of the Rome Bar, with an address for service in Luxembourg at
the Chambers of A. Lorang, 51 Rue Albert 1er, and by Air
One SpA, established in Chieti, Italy, represented by M. Merola,
of the Rome Bar, and A. Sodano del Foro Adele, of the Naples
the
Bar, with an address for service in Luxembourg at
Chambers of A. Lorang, 51 Rue Albert 1er — application for
annulment of Commission Decision 97/789/EC of 15 July
1997 concerning the recapitalisation of the company Alitalia
(OJ 1997 L 322, p. 44) — the Court of First Instance (Third
Chamber, Extended Composition), composed of: K. Lenaerts,
President, J. Azizi, R.M. Moura Ramos, M. Jaeger and P. Men-
gozzi,
for the
Registrar, has given a judgment on 12 December 2000, in
which it:

J. Palacio Gonza´lez, Administrator,

Judges;

1. Annuls Commission Decision 97/789/EC of 15 July 1997
concerning the recapitalisation of the company Alitalia;

2. Orders the Commission to bear its own costs and to pay those

incurred by the applicant;

3. Orders Air One SpA and Air Europe SpA to bear their own

costs.

(1) OJ C 41 of 7.2.1998.

(Language of the case: French)

In Case T-613/97: Union Française de l’Express (Ufex), estab-
lished in Roissy-en-France (France), DHL International, estab-
lished in Roissy-en-France, Federal Express
International
(France), established in Gennevilliers (France), CRIE, established
in Asnières (France), represented by E´ . Morgan de Rivery, of
the Paris Bar, and J. Derenne, of the Brussels and Paris Bars,
with an address for service in Luxembourg at the Chambers of
A. Schmitt, 7 Val Sainte-Croix, against Commission of the
European Communities (Agents: G. Rozet and D. Triantafyl-
lou), supported by French Republic, (Agents: K. Rispal-Bellan-
ger and F. Million), by Chronopost SA, established in Issy-les-
Moulineaux (France), represented by V. Bouaziz Torron and
D. Berlin, of the Paris Bar, with an address for service in
Luxembourg at the Chambers of A. May, 398 Route d’Esch,
and by La Poste, established in Boulogne-Billancourt (France),
represented by H. Lehman, of the Paris Bar, with an address
for service in Luxembourg at the Chambers of A. May, 398
Route d’Esch, application for annulment of Commission
Decision 98/365/EC of 1 October 1997 concerning alleged
State aid granted by France to SFMI-Chronopost (OJ 1998
L 164, p. 37) — the Court of First Instance (Fourth Chamber,
Extended Composition), composed of: V. Tiili, President,
P. Lindh, R.M. Moura Ramos, J.D. Cooke and P. Mengozzi,
Judges; G. Herzig, Administrator, for the Registrar, has given a
judgment on 14 December 2000, in which it:

1. Annuls Article 1 of Commission Decision 98/365/EC of
1 October 1997 concerning alleged State aid granted by France
to SFMI-Chronopost in so far as it finds that the logistical and
commercial assistance provided by La Poste to its subsidiary
SFMI-Chronopost does not constitute State aid to SFMI-
Chronopost;

2. Dismisses the remainder of the application;