Case T-226/01: Action brought on 25 September 2001 by CAS Succhi di Frutta SpA against the Commission of the European Communities
Date: 2001-11-24
Institutions: Court of First Instance
Subjects: European Commission, action for failure to act, aid system, award of contract, food aid, food industry

24.11.2001

EN

Official Journal of the European Communities

C 331/29

— If the Commission were to apply such reasoning
generally to all fiscal legislation, it would arrive at
the absurd conclusion that any change in the fiscal
burden constitutes State aid.

— If the Commission carried its reasoning to its final
logical conclusion, the result would be that any
variation within the regulatory framework in which
undertakings operate would constitute State aid.

(c) The applicant refutes the charge that the measures at
issue are selective and specific in nature, since, first, the
legislation is general in nature, not favouring a particular
undertaking or sector over another and, secondly, the
authority competent to apply it does not enjoy any
discretion but can instead merely ascertain on a case-by-
case basis whether the conditions laid down for triggering
the fiscal advantages are met.

Pleas in law and main arguments

The applicant has brought the present action against the
Commission in order to seek compensation for the damage
allegedly suffered as a result of the decisions adopted in the
context of the tender procedure opened in relation to the
supply of fruit juice and fruit jams intended for the people of
Armenia and Azerbaijan under Commission Regulation (EC)
No 228/96 of 7 February 1996 on the supply of fruit juice
jams intended for the people of Armenia and
and fruit
in particular decision
Azerbaijan (OJ 1996 L 30, p. 18),
C(96)1916 of 22 July 1996 and decision C(96)2208 of
6 September 1996.

Those decisions allowed for the substitution of the fruit
provided for in the tender, with no legal basis nor a supraven-
ing request for it.

Both decisions were challenged by the applicant (Joined Cases
T-191/96 and T-106/97) (1) before the Court of First Instance
which, by judgment of 14 October 1999, annulled the decision
of 6 September 1996, declaring the action brought in Case
T-106/97 inadmissible on the ground that it was out of time.

Action brought on 25 September 2001 by CAS Succhi di
Frutta SpA against the Commission of the European
Communities

The pleas in law and main arguments are similar to those put
forward in the abovementioned cases.

(Case T-226/01)

(2001/C 331/47)

(Language of the case: Italian)

(1) [1999] ECR II-3181.

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 25 September 2001 by CAS Succhi
di Frutta SpA, represented by Gian Michele Roberti and
Francesco Sciaudone, lawyers.

The applicant claims that the Court should:

— find that the Commission has incurred non-contractual
liability by adopting the decisions of 22 July and of
6 September 1996,

— declare that the applicant suffered damage as a result of
those decisions amounting to ITL 2 682 049 410,

— order the Commission to pay the costs.

Action brought on 25 September 2001 by Territorio
Histo´ rico de Alava — Excma. Diputacio´ n de Alava, and
the Comunidad auto´ noma del Paı´s Vasco — Gobierno
Vasco against Commission of the European Communities

(Case T-227/01)

(2001/C 331/48)

(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 25 September 2001 by the Territo-
rio Histo´ rico de Alava — Excma. Diputacio´ n de Alava, and the
Comunidad auto´ noma del Paı´s Vasco — Gobierno Vasco,
Alava (Spain), represented by Ramo´ n Falco´ n, lawyer.