Judgment of the Court of First Instance of 6 March 2002 in Case T-168/99 Territorio Histórico de Àlava — Diputación Foral de Àlava v Commission of the European Communities (State aid — Decision to initiate the procedure under Article 88(2) — Order to suspend payment of alleged aid)
Date: 2002-06-29
Institutions: Court of First Instance
Subjects: European Commission, Spain, State aid, action for annulment (EU), aid to industry, chemical 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

29.6.2002

EN

Official Journal of the European Communities

C 156/17

(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 in which it:

1. Declares that there is no need to adjudicate on the application;

2. Declares that there is no longer need to adjudicate on the claim

for a declaration that the Commission failed to act;

3. Orders the Commission to bear its own costs and to pay one

half of the applicant’s costs.

2. Orders the applicant to pay the costs.

(1) OJ C 352 of 4.12.1999.

(1) OJ C 281 of 2.10.1999.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 28 February 2002

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 7 March 2002

in Case T-212/99: Intervet International BV v Commission
of the European Communities (1)

(Regulation (EEC) No 2377/90 — Veterinary medicinal
products — Application for the inclusion of ‘Altrenogest’ in
the list of substances for which a provisional maximum
residue limit may be established — Opinion of the Committee
for Veterinary Medicinal Products (CVMP) — Action for
annulment — Inadmissibility — Action for failure to act —
Adoption of a position putting an end to the inaction — No
need to adjudicate)

(2002/C 156/31)

(Language of the case: English)

In Case T-212/99, Intervet International BV, formerly Hoechst
Roussel Vet GmbH, established in Boxmeer (Netherlands),
represented by D. Waelbroek and D. Brinckman, lawyers, with
an address for service in Luxembourg, v Commission of the
European Communities (Agents: T. Christoforou, H. Stolvlbaek
and F. Ruggeri-Laderchi): Application for the annulment of an
alleged Commission decision rejecting an application by the
applicant for the insertion of the substance ‘altrenogest’ in
Annex III
to Council Regulation (EEC) No 2377/90 of
26 June 1990 laying down a Community procedure for
the establishment of maximum residue limits of veterinary
medicinal products in foodstuffs of animal origin (OJ 1990
L 224, p. 1) and, in the alternative, for a declaration that the
Commission unlawfully failed to prepare a draft of measures
to be taken with a view to such insertion and to initiate the
procedure laid down in Article 8 of that regulation. The Court
of First Instance (Second Chamber), composed of: R.M. Moura
Ramos, President, J. Pirrung and A.W.H. Meij, Judges; H. Jung,
Registrar, has given a judgment on 7 March 2002, in which it:

1. Dismisses the claim for annulment as inadmissible;

in Joined Cases T-227/99 and T-134/00: Kvaerner Warnow
Werft GmbH v Commission of the European Communi-
ties (1)

(State aids — Shipbuilding — Former German Democratic
Republic — Limits on capacity — Composition of the
Commission — Commission Member given leave of absence
— Election of Commission Members to the European Parlia-
ment)

(2002/C 156/32)

(Language of the case: German)

In Joined Cases T-227/99 and T-134/00: Kvaerner Warnow
Werft GmbH, established in Rostock-Warnemünde (Germany),
represented by M. Schütte, lawyer, with an address for service
in Luxembourg, v Commission of the European Communities
(Agent: K.-D. Borchardt) — application for annulment of
Commission Decision 1999/675/EC of 8 July 1999, as
amended, and of Commission Decision 2000/336/EC of
15 February 2000 on State aid granted by the Federal Republic
of Germany to Kvaerner Warnow Werft GmbH (OJ 1999
L 274, p. 23 and OJ 2000 L 120, p. 12, respectively) — the
Court of First Instance (Fourth Chamber, Extended Compo-
sition), composed of: P. Mengozzi, President, R. Garcı´a-
Valdecasas, V. Tiili, R.M. Moura Ramos and J.D. Cooke, Judges;
D. Christensen, Administrator, for the Registrar, has given a
judgment on 28 February 2002, in which it:

1. Annuls Commission Decision 1999/675/EC of 8 July 1999
on the State aid implemented by Germany in favour of Kvaerner
Warnow Werft GmbH, as amended by Commission Decision
2000/416/EC of 29 March 2000 on State aid implemented
by Germany in favour of Kvaerner Warnow Werft GmbH
(1999) and Commission Decision 2000/336/EC of 15 Febru-
ary 2000 on State aid implemented by Germany in favour of
Kvaerner Warnow Werft GmbH;