Judgment of the Court (Sixth Chamber) 2 July 2002 in Case C-499/99: Commission of the European Communities v Kingdom of Spain (Failure by a Member State to fulfil its obligations — State aid — Aid granted to companies in the Magefesa group — Commission Decisions 91/1/EEC and 1999/509/EC — Non-performance)
Date: 2002-09-28
Institutions: Court of Justice
Subjects: Spain, State aid, action for failure to fulfil an obligation, debt, social security

C 233/4

EN

Official Journal of the European Communities

28.9.2002

JUDGMENT OF THE COURT

(Sixth Chamber)

2 July 2002

in Case C-499/99: Commission of the European Communi-
ties v Kingdom of Spain (1)

incompatible with the common market and with Commission
Decision 1999/509/EC of 14 October 1998 concerning aid
granted by Spain to companies in the Magefesa group and their
successors, in so far as it declared the aid granted to Gursa,
Migsa and Cunosa illegal and incompatible with the common
market, and second, by failing to inform the Commission,
within the prescribed period, of measures taken to implement
Decision 1999/509 in so far as it declared aid granted to
Indosa illegal and incompatible with the common market, the
Kingdom of Spain has failed to fulfil its obligations under the
fourth paragraph of Article 249 EC and Articles 2 and 3 of
those decisions;

(Failure by a Member State to fulfil its obligations — State
aid — Aid granted to companies in the Magefesa group —
Commission Decisions 91/1/EEC and 1999/509/EC — Non-
performance)

2.

For the rest, dismisses the Commission’s action;

3. Orders the Kingdom of Spain to pay the costs.

(2002/C 233/05)

(1) OJ C 79 of 18.3.2000.

(Language of the case: Spanish)

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

In Case C-499/99, Commission of the European Communities
(Agents: G. Rozet and R. Vidal) v Kingdom of Spain (Agent:
R. Silva de Lapuerta): Application for a declaration that, by
failing to adopt, within the prescribed period, the measures
necessary to comply with Commission Decision 91/1/EEC of
20 December 1989 concerning aids in Spain which the central
and several autonomous governments granted to Magefesa,
producer of domestic articles of stainless steel and small
electric appliances (OJ 1991 L 5, p. 18) and Commission
Decision 1999/509/EC of 14 October 1998 concerning aid
granted by Spain to companies in the Magefesa group and
their successors (OJ 1999 L 198, p. 15), declaring that certain
aid to companies in the Magefesa group was granted unlawfully
and is incompatible with the common market, the Kingdom
of Spain has failed to fulfil its obligations under the fourth
paragraph of Article 249 EC and Articles 2 and 3 of those
decisions, the Court (Sixth Chamber), composed of: F. Macken,
President of
(Rapporteur),
R. Schintgen, V. Skouris and J.N. Cunha Rodrigues, Judges;
J. Mischo, Advocate General; R. Grass, Registrar, has given a
judgment on 2 July 2002, in which it:

J.-P. Puissochet

the Chamber,

JUDGMENT OF THE COURT

25 July 2002

in Case C-50/00 P: Unión de Pequeños Agricultores v
Council of the European Union (1)

(Appeal — Regulation (EC) No 1638/98 — Common
organisation of the market in oils and fats — Action for
annulment — Person individually concerned — Effective
judicial protection — Admissibility)

(2002/C 233/06)

(Language of the case: Spanish)

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

1. Declares that, first, by failing to adopt, within the prescribed
period, the necessary measures to comply with Commission
Decision 91/1/EEC of 20 December 1989 concerning aids in
Spain which the central and several autonomous governments
granted to Magefesa, producer of domestic articles of stainless
steel and small electric appliances, in so far as it declared the
aid granted to Industrias Domésticas SA (Indosa), Manufactu-
ras Gur SA (Gursa), Manufacturas Inoxidables Gibraltar SA
illegal and
(Migsa) and Cuberta del Norte SA (Cunosa)

In Case C-50/00 P, Unión de Pequeños Agricultores (Agents:
J. Ledesma Bartret and J. Jiménez Laiglesia y de Oñate): Appeal
against the order of the Court of First Instance of the European
Communities (Third Chamber) of 23 November 1999 in Case
T-173/98 Unión de Pequeños Agricultores v Council [1999]
ECR II-3357, seeking to have that order set aside, the other
parties to the proceedings being: Council of the European
Union (Agent: I. Díez Parra), supported by Commission of the
J. Guerra Fernández and
European Communities (Agents: