Case T-274/01: Action brought on 22 October 2001 by Valmont Nederland B.V. against the Commission of the European Communities
Date: 2002-01-05
Institutions: Court of First Instance
Subjects: European Commission, Netherlands, State aid, action for annulment (EU), industrial plot, purchase price

C 3/46

EN

Official Journal of the European Communities

5.1.2002

Action brought on 22 October 2001 by Valmont Neder-
land B.V. against the Commission of the European Com-
munities

(Case T-274/01)

(2002/C 3/79)

(Language of the case: Dutch)

Lastly, the applicant asserts that the Commission misused its
powers when assessing the value of the land at the time of the
purchase and when assessing the element of State aid relating
to what the applicant maintains is a car park used by the
public, and concerning the sums charged by way of interest
on the alleged State aid.

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 22 October 2001 by Valmont
Nederland B.V., established at Maarheeze (Netherlands), rep-
resented by André Van Landuyt, with an address for service in
Luxembourg.

The applicant claims that the Court should:

Action brought on 26 October 2001 by Mercedes Alvarez
Moreno against European Parliament

(Case T-275/01)

(2002/C 3/80)

(1)

annul Decision No C 2001 2231 of the Commission of
18 July 2001;

(Language of the case: French)

(2) order the Commission, pursuant to Article 87 of the Rules
of Procedure, to pay all the costs of these proceedings.

Pleas in law and main arguments

According to the contested decision of the Commission, the
applicant has received State aid in the form of a reduced
purchase price for the building land on which the applicant
now maintains its establishment in the Netherlands and a
subsidy for the installation of a car park on it. The Commission
is demanding that the aid received be repaid.

The applicant maintains that, in adopting its decision, the
Commission has infringed Article 87(1) of the EC Treaty.
According to the applicant, the Commission has not shown
that the applicant benefited from an aid measure in the
purchase of the building land. It claims that that purchase took
place on market terms and conditions. Moreover, any aid
which may have been received had no effect on competition
within the common market or on trade between Member
States.

The applicant also pleads infringement of essential procedural
requirements, more specifically of the right to a fair hearing.
According to the applicant, the Commission relies on a report
on the value of the land which was drawn up previously
without any involvedment on the part of the applicant.
to
Likewise, after
Article 88(2) of the EC Treaty, its observations were not taken
into account.

the procedure was opened pursuant

An action against the European Parliament was brought before
the Court of First Instance of the European Communities on
26 October 2001 by Mercedes Alvarez Moreno, residing in
Berlin, represented by Georges Vandersanden, lawyer.

The applicant claims that the Court should:

— annul the decision of the President of the European
Parliament, contained in a letter of 19 July 2001, rejecting
the applicant’s request and thus confirming the decision
of the European Parliament no longer to call upon the
services of freelance interpreters who have reached the
age of 65 years, as in the case of the applicant;

— annul the inter-institutional decision referred to by the
Secretary General of the European Parliament in the letter
of 5 March 2001;

— consequently, acknowledge the applicant’s right to con-
tinue to provide her services as a freelance interpreter,
either in the service of the European Parliament or any
other Community institution, beyond the age of 65;

— order compensation for the material and non-material
damage suffered by the applicant, provisionally assessed
at one euro;

— order the defendant to pay all the costs.