Case T-30/01: Action brought on 9 February 2001 by the Territorio Histórico de Alava — Diputación Foral de Alava against the Commission of the European Communities
Date: 2001-04-07
Institutions: Court of First Instance
Subjects: European Commission, Spain, action for annulment (EU), aid system, corporation tax, type of business

C 108/26

EN

Official Journal of the European Communities

7.4.2001

Secondly, despite not being in possession of documentary
evidence to prove that he had participated in the elections, the
appointing authority did not grant even a single day in respect
of travelling time to the applicant, who had travelled from his
place of work to the place where elections were being held.
The appointing authority’s refusal to grant him even the
minimum amount of travelling time is a manifest breach of
the principle of proportionality.

Following an exchange of correspondence with the Com-
mission, the applicant sent the defendant a letter calling upon
it to act pursuant to Article 232 EC. However, even after being
so called upon,
the Commission has failed to define its
position. Therefore the applicant states that, some 20 months
after the lodging of the complaint, the Commission has not
defined its position with regard to the preliminary inquiry
undertaken by it.

Action brought on 29 January 2001 by Fiocchi Munizioni
SpA against Commission of the European Communities

(Case T-26/01)

(2001/C 108/47)

(Language of the case: Italian)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 29 January 2001 by Fiocchi
Munizioni SpA, represented by Ivo Van Bael, Enrico Adriano
Raffaelli, Fabrizio Di Gianni and Renato Antonini, avvocati.

The applicant claims that the Court should:

— declare, on the grounds set forth in the present application
and as a consequence thereof, that the Commission has
failed to fulfil its obligations under Article 232 EC by
failing to act with respect
the
applicant, having refrained from adopting the appropriate
decisions and not having addressed the requisite acts;

to the complaint of

— order the Commission to pay the costs; and

— adopt any other necessary and equitable measure.

In support of its claims, the applicant alleges breach of the
principle of good administration, inasmuch as the Commission
ought to have concluded the preliminary stage of the procedure
within a reasonable time.

Secondly, the defendant has failed to define its position with
regard to the requests contained in the complaint.

Action brought on 9 February 2001 by the Territorio
Histo´ rico de Alava — Diputacio´ n Foral de Alava against
the Commission of the European Communities

(Case T-30/01)

(2001/C 108/48)

(Language of the case: Spanish)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 9 February 2001 by the Territorio
Histo´ rico de Alava — Diputacio´ n Foral de Alava, established
in Alava (Spain), represented by Marta Morales Isasi and
Ignacio Sa´enz-Cortabarrı´a Ferna´ndez, lawyers.

The applicant claims that the Court should:

— annul the Commission’s decision of 28 November 2000
initiating the procedure provided for by Article 88(2) EC
with regard to Article 14 of Norma Foral 18/1993;

— order the Commission to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

The applicant in the present proceedings — an undertaking
involved in the manufacture and marketing of arms and
munitions — claims to have lodged with the Commission a
complaint relating to State aid allegedly granted by the
Kingdom of Spain to E.N. Santa Barbara, having its registered
office in Spain. In that complaint, the applicant pointed out
that the alleged aid gave rise to serious distortion of compe-
tition in the market
is in direct
competition with E.N. Santa Barbara.

in which it

for arms,

The measure to which the contested decision relates is
contained in Article 14 of the Norma Foral No 18/1993 of the
Territorio Histo´ rico de Alava of 5 July 1993 concerning urgent
fiscal measures in support of investment and the promotion
of economic activity. That measure concerns the grant of an
exemption from corporation tax to undertakings founded in
1993 and 1994, and was adopted as part of a whole series of
fiscal measures in support of investment and the promotion
of economic activity.

7.4.2001

EN

Official Journal of the European Communities

C 108/27

The applicant bases its claim in essence on alleged infringement
of the procedure laid down by law in Article 88 EC and in
Regulation No 659/1999 (1) as regards existing aid schemes,
and consequently pleads violation of the principles of legal
certainty, the protection of legitimate expectations and the
right to a fair hearing.

It maintains in that regard that the Commission has since
1994 been aware of the existence of the Norma Foral
in
question,
the provisions of which as a whole, and not
merely Article 14, were the subject of a complaint seeking a
declaration that it was incompatible with the common market
under Article 87 of the EC Treaty.

As a result of that complaint, the Commission proceeded to
carry out a preliminary State aid investigation and sent a copy
the complaint in question to the Kingdom of Spain.
of
According to the applicant,
the Commission at no time
indicated that it was initiating, or had initiated, the formal
investigation procedure provided for in Article 88(2) EC.

The fact that, in November 2000, the Commission proceeded
to initiate the inter partes procedure provided for in Article
88(2) with regard to one of the articles of Norma Foral
No 18/1993 necessarily means,
in the applicant’s view,
that the Commission has failed to comply with the legally
established procedure for investigating and assessing existing
aid schemes.

if the Commission has any
The applicant considers that,
doubts either as to whether the tax exemption provided for
may constitute aid or as to its compatibility with the common
market, it cannot categorise that exemption as new aid but
must classify it as existing aid and should proceed,
in
accordance with the principle of sound administration, to
analyse and scrutinise the same in the context of the constant
review of aid systems of that type provided for in Article 88(1)
EC.

(1) Council Regulation (EC) No 659/1999 of 22 March 1999 laying
down detailed rules for the application of the EC Treaty (OJ L 83
of 27.3.1999, p. 1).

The applicant claims that the Court should:

— annul the Commission’s decision of 28 November 2000
initiating the procedure provided for by Article 88(2) EC
with regard to Article 14 of Norma Foral 11/1993;

— order the Commission to pay the costs.

Pleas in law and main arguments

The measure to which the contested decision relates is laid
down by Article 14 of the Norma Foral No 11/1993 of the
Territorio Histo´ rico de Gipuzkoa of 26 June 1993 concerning
urgent fiscal measures in support of
investment and the
promotion of economic activity, which provides for an
exemption from corporation tax for certain newly formed
undertakings.

The pleas in law and main arguments are similar to those
advanced in Case T-30/01.

Action brought on 9 February 2001 by the Territorio
Histo´ rico de Bizkaia — Diputacio´ n Foral de Bizkaia
against the Commission of the European Communities

(Case T-32/01)

(2001/C 108/50)

(Language of the case: Spanish)

Action brought on 9 February 2001 by the Territorio
Histo´ rico de Gipuzkoa — Diputacio´ n Foral de Gipuzkoa
against the Commission of the European Communities

(Case T-31/01)

(2001/C 108/49)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 9 February 2001 by the Territorio
Histo´ rico de Bizkaia — Diputacio´ n Foral de Bizkaia, established
in Bizkaia (Spain), represented by Marta Morales Isasi and
Ignacio Sa´enz-Cortabarrı´a Ferna´ndez, lawyers.

(Language of the case: Spanish)

The applicant claims that the Court should:

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 9 February 2001 by the Territorio
Histo´ rico de Gipuzkoa — Diputacio´ n Foral de Gipuzkoa,
established in Gipuzkoa (Spain), represented by Marta Morales
Isasi and Ignacio Sa´enz-Cortabarrı´a Ferna´ndez, lawyers.

— annul the Commission’s decision of 28 November 2000
initiating the procedure provided for by Article 88(2) EC
with regard to Article 14 of Norma Foral 5/1993;

— order the Commission to pay the costs.