Judgment of the Court (Sixth Chamber) 16 May 2002 in Case C-321/99 P: Associação dos Refinadores de Açúcar Portugueses (ARAP), Alcântara Refinarias — Açúcares SA and Refinarias de Açúcar reunidas SA (RAR) v Commission of the European Communities (Appeal — State aid — Common agricultural policy — Sugar — Aid granted in implementation of a general State aid scheme approved by the Commission — Contribution by a Member State to the financing of a project eligible for the European Agricultural Guidance and Guarantee Fund, Guidance Section — Aid for vocational training)
Date: 2002-07-13
Institutions: Court of Justice
Subjects: Portugal, State aid, action for annulment (EU), appeal, business start-up, sugar industry

C 169/2

EN

Official Journal of the European Communities

13.7.2002

JUDGMENT OF THE COURT

3. Orders the Commission of the European Communities and the

Kingdom of Spain to bear their own costs.

(Fifth Chamber)

16 May 2002

(1) OJ C 246 of 28.8.1999.

in Case C-232/99: Commission of the European Communi-
ties v Kingdom of Spain (1)

(Failure by a Member State to fulfil its obligations —
Directive 93/16/EEC — Transposition of Articles 8 and 18
— Access to additional training for migrant doctors who
wish to practise specialised medicine in the host Member
State on the basis of a diploma, certificate or other evidence
of formal qualifications of specialist doctors which is not the
subject of automatic unconditional recognition under that
directive — Obligation for migrant doctors in Spain to sit
the standard competition for admission to training in
specialised medicine — Requirement for affiliation to a
public social security body for the settlement of accounts
relating to medical services with an insurance body)

(2002/C 169/02)

(Language of the case: Spanish)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-232/99, Commission of the European Communities
(Agents: I. Martı´nez del Peral and B. Mongin) v Kingdom of
Spain (Agent: N. Dı´az Abad): Application for a declaration
that, by failing to transpose correctly, within the prescribed
time-limit, Article 8 of Council Directive 93/16/EEC of 5 April
1993 to facilitate the free movement of doctors and the mutual
recognition of their diplomas, certificates and other evidence
of formal qualifications (OJ 1993 L 165, p. 1) and by failing
to transpose Article 18 of that same directive, the Kingdom of
Spain has failed to fulfil its obligations under the provisions of
the EC Treaty and of that directive, the Court (Fifth Chamber),
composed of: S. von Bahr, President of the Fourth Chamber,
acting for the President of the Fifth Chamber, D.A.O. Edward
(Rapporteur) and M. Wathelet, Judges; C. Stix-Hackl, Advocate
General; L. Hewlett, Administrator, for the Registrar, has given
a judgment on 16 May 2002, in which it:

1. Declares that, by failing to transpose, within the prescribed
time-limit, Article 8 of Council Directive 96/13/EEC of
5 April 1993 to facilitate the free movement of doctors and the
mutual recognition of their diplomas, certificates and other
evidence of formal qualifications, the Kingdom of Spain has
failed to fulfil
its obligations under the provisions of that
directive;

2. Dismisses the remainder of the application;

JUDGMENT OF THE COURT

(Sixth Chamber)

16 May 2002

in Case C-321/99 P: Associaça˜ o dos Refinadores de Açu´ car
Portugueses (ARAP), Alcântara Refinarias — Açu´ cares
SA and Refinarias de Açu´ car reunidas SA (RAR) v
Commission of the European Communities (1)

(Appeal — State aid — Common agricultural policy —
Sugar — Aid granted in implementation of a general State
aid scheme approved by the Commission — Contribution by
a Member State to the financing of a project eligible for
the European Agricultural Guidance and Guarantee Fund,
Guidance Section — Aid for vocational training)

(2002/C 169/03)

(Language of the case: English)

In Case C-321/99 P, Associaça˜o dos Refinadores de Açu´ car
Portugueses (ARAP), established in Lisbon (Portugal), Alcântara
Refinarias — Açu´ cares SA, established in Santa Iria de Azo´ ia
(Portugal), and Refinarias de Açu´ car Reunidas SA (RAR),
established in Oporto (Portugal), represented by G. van der
Wal: Appeal against the judgment of the Court of First Instance
of the European Communities (Fourth Chamber, Extended
Composition) of 17 June 1999 in Case T-82/96 ARAP and
Others v Commission [1999] ECR II-1889, seeking to have
that judgment set aside, the other parties to the proceedings
being: Commission of the European Communities (Agent:
J. Macdonald Flett) and Portuguese Republic (Agents: S. Brasil
de Brito and L. Fernandes) and DAI — Sociedade de Desenvol-
vimento Agro-Industrial SA, established in Monte da Barca
(Portugal), represented by L. Sa´ragga Leal, D. Franco and
R. Oliveira, the Court (Sixth Chamber), composed of: N. Col-
neric, President of
the Second Chamber, acting for the
President of the Sixth Chamber, C. Gulmann, J.-P. Puissochet
(Rapporteur), R. Schintgen and V. Skouris, Judges; L.A. Geel-
hoed, Advocate General; D. Louterman-Hubeau, Head of
Division, for the Registrar, has given a judgment on 16 May
2002, in which it:

13.7.2002

EN

Official Journal of the European Communities

C 169/3

1. Dismisses the appeal;

1. Annuls Commission Decision 2000/513/EC of 8 September

1999 on aid granted by France to Stardust Marine;

2. Dismisses the cross-appeal by the Commission;

2. Orders the Commission to pay the costs.

3. Orders Associaça˜o dos Refinadores de Açu´ car Portugueses
(ARAP), Alcântara Refinarias — Açu´cares SA and Refinarias
de Açu´car Reunidas SA (RAR) to pay the costs;

(1) OJ C 63 of 4.3.2000.

4. Orders the Portuguese Republic to pay its own costs.

(1) OJ C 352 of 4.12.1999.

JUDGMENT OF THE COURT

4 June 2002

in Case C-483/99: Commission of the European Communi-
ties v Republic of France (1)

(Failure by a Member State to fulfil its obligations —
Articles 52 of the EC Treaty (now, after amendment,
Article 43 EC) and 73b of the EC Treaty (now Article 56
EC) — Rights attaching to the ‘golden share’ held by the
French Republic in Société Nationale Elf-Aquitaine)

(2002/C 169/05)

(Language of the case: French)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-483/99, Commission of the European Communities
(Agent: M. Patakia) v France (Agents:
initially K. Rispal-
Bellanger and S. Seam, and, subsequently, G. de Bergues and
S. Seam), supported by Kingdom of Spain (Agent: N. Dı´az
Abad) and by United Kingdom of Great Britain and Northern
Ireland (Agent: R. Magrill, assisted by J. Crow, barrister, and
D. Wyatt, QC) APPLICATION for a declaration that, by
maintaining in force Article 2(1) and (3) of Decree No 93-
1298 of 13 December 1993 vesting in the State a ‘golden
share’ in Société Nationale Elf-Aquitaine (JORF of 14 December
1993, p. 17354), according to which the following rights
attach to the ‘golden share’ held by the French Republic in that
company:

(a)

any direct or indirect shareholding by a natural or legal
person, acting alone or in conjunction with others, which
exceeds the ceiling of one tenth, one fifth or one third of
the capital of, or voting rights in, the company must
first be approved by the Minister for Economic Affairs
(Article 2(1) of the Decree);

JUDGMENT OF THE COURT

16 May 2002

in Case C-482/99: French Republic v Commission of the
European Communities (1)

(State aid — Article 87(1) EC — Aid granted by the French
Republic to Stardust Marine — Decision 2000/513/EC —
State resources — Imputability to the State — Prudent
investor operating in a market economy)

(2002/C 169/04)

(Language of the case: French)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-482/99, French Republic (Agents: K. Rispal-Bellanger
and F. Million) v Commission of the European Communities
(Agents: G. Rozet and J. Flett): Application for the annulment
of Commission Decision 2000/513/EC of 8 September 1999
on aid granted by France to Stardust Marine (OJ 2000 L 206,
the Court, composed of: G.C. Rodrı´guez Iglesias,
p. 6),
President, P. Jann, F. Macken, N. Colneric and S. von Bahr
(Presidents of Chambers), C. Gulmann, D.A.O. Edward, A. La
Pergola,
and
C.W.A. Timmermans (Rapporteur), Judges; F.G. Jacobs, Advo-
cate General; L. Hewlett, Administrator, for the Registrar, has
given a judgment on 16 May 2002, in which it:

J.N. Cunha Rodrigues

Puissochet,

J.-P.