Judgment of the Court of First Instance of 6 March 2002 in Joined Cases T-127/99, T-129/99 and T-148/99: Territorio Histórico de Álava — Diputación Foral de Álava and Others v Commission of the European Communities (State aid — Concept of State aid — Tax measures — Selective nature — Justification owing to the nature or scheme of the tax system — Compatibility of the aid with the common market)
Date: 2002-06-29
Institutions: Court of First Instance
Subjects: European Commission, Spain, State aid, action for annulment (EU), aid to industry, chemical industry, electronics industry

C 156/16

EN

Official Journal of the European Communities

29.6.2002

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 6 March 2002

in Joined Cases T-127/99, T-129/99 and T-148/99: Territo-
rio Histo´ rico de A´ lava — Diputacio´ n Foral de A´ lava and
Others v Commission of the European Communities (1)

(State aid — Concept of State aid — Tax measures —
Selective nature — Justification owing to the nature or
scheme of the tax system — Compatibility of the aid with
the common market)

(2002/C 156/29)

(Language of the case: Spanish)

In Joines Cases T-127/99, Territorio Histo´ rico de A´ lava —
Diputacio´ n Foral de A´ lava and Others, represented by A. Creus
Carreras and B. Uriarte Valiente, lawyers, T-129/99, Comu-
nidad Auto´ noma del Paı´s Vasco, Gasteizko Industria Lurra, SA,
established in Vitoria (Spain), represented by F. Pombo Garcı´a,
E. Garayar Gutiérrez and J. Alonso Berberena, lawyers, with an
address for service in Luxembourg, and T-148/99 Daewoo
Electronics Manufacturing Espan˜ a, SA, established in Vitoria,
represented by A. Creus Carreras and B. Uriarte Valiente,
lawyers, against Commission of the European Communities
(Agents: F. Santaolalla, G. Rozet and G. Valero Jordana)
supported by Asociacio´ n Nacional de Fabricantes de Electrodo-
mésticos de Lı´nea Blanca (ANFEL), having its registered office
in Madrid (Spain), represented by M. Mun˜ iz and M. Cortés
Muleiro, lawyers, with an address for service in Luxembourg,
and by Conseil européen de la construction d’appareils domes-
tiques (CECED), represented by A. Gonza´lez Martı´nez, lawyer,
with an address for service in Luxembourg — application
for annulment of Commission Decision 1999/718/EC of
24 February 1999 concerning State aid granted by Spain to
Daewoo Electronics Manufacturing Espan˜ a SA (Demesa) (OJ
1999 L 292, p. 1) — the Court of First Instance (Third
Chamber, Extended Composition), composed of
J. Azizi,
President of the Chamber, K. Lenaerts, V. Tiili, R.M. Moura
Ramos and M. Jaeger, Judges; J. Plingers, Administrator, for the
Registrar, has given a judgment on 6 March 2002,
the
operative part of which is as follows:

1.

2.

3.

In Case T-129/99, the action is inadmissible in so far as it
seeks the annulment of Article 1(d) and (e) of Commission
Decision 1999/718/EC of 24 February 1999 concerning
State aid granted by Spain to Daewoo Electronics Manufactur-
ing Espan˜ a SA (Demesa) and of Article 2(1)(b) thereof.

In Cases T-129/99 and T-148/99, Article 1(a) of Decision
1999/718 is annulled.

In Cases T-129/99 and T-148/99, Article 1(b) of Decision
1999/718 is annulled.

4.

5.

6.

7.

8.

9.

In Cases T-129/99 and T-148/99, Article 1(c) of Decision
1999/718 is annulled in so far as it excludes the plant valued
at EUR 1 803 036,31 from the eligible costs covered by the
Ekimen aid scheme.

In Cases T-127/99 and T-148/99, Article 1(e) of Decision
1999/718 is annulled.

In Cases T-129/99 and T-148/99, Article 2(1)(a) of Decision
1999/718 is annulled in so far as it refers to Article 1(a) and
(b) of that decision and in so far as it instructs the Kingdom of
Spain to recover from Demesa aid relating to the annulled part
of Article 1(c) of that decision.

In Cases T-127/99 and T-148/99, Article 2(1)(b) of Decision
1999/718 is annulled in so far as it refers to Article 1(e) of
that decision.

The actions are dismissed as to the remainder.

Each party is ordered to pay its own costs.

(1) OJ C 226 of 7.8.1999 and C 299 of 16.10.1999.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 6 March 2002

in Case T-168/99 Territorio Histo´ rico de A` lava — Diputa-
cio´ n Foral de A` lava v Commission of the European
Communities (1)

(State aid — Decision to initiate the procedure under
Article 88(2) — Order to suspend payment of alleged aid)

(2002/C 156/30)

(Language of the case: Spanish)

In Case T-168/99 Territorio Histo´ rico de A` lava — Diputacio´ n
Foral de A` lava, represented by A. Creus Carreras, lawyer, v
Commission of the European Communities (Agents: F. Santaol-
alla, G. Rozet and G. Valero Jordana) — application for
annulment of the Commission Decision of 31 March 1999
initiating the procedure under Article 88(2) EC in respect of
the aid granted by the Spanish authorities to Ramondı´n SA
and Ramondı´n Ca´psulas SA, on the one hand, and requiring
the Spanish authorities to suspend payment of that aid, on the
other (OJ 1999 C 194, p. 18) — the Court of First Instance