Case T-252/02: Action brought on 21 August 2002 by the Brighton Marine and Palace Pier Company against the Commission of the European Communities
Date: 2002-10-26
Institutions: Court of First Instance
Subjects: State aid, action for annulment (EU), catering industry, competition, harbour installation

C 261/18

EN

Official Journal of the European Communities

26.10.2002

Action brought on 21 August 2002 by the Brighton
Marine and Palace Pier Company against the Commission
of the European Communities

(Case T-252/02)

(2002/C 261/34)

(Language of the case: English)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 21 August 2002 by the Brighton
Marine and Palace Pier Company, Jarrow, Tyne and Wear
(United Kingdom), represented by C. Vajda QC and T. Usher,
Solicitor.

The applicant claims that the Court should:

— annul the Decision of 9 April 2002 both in respect of the
conclusions under Article 87(1) and Article 87(3)(d) of
the EC Treaty;

— order the Commission to pay the applicant’s costs.

Pleas in law and main arguments

The applicant operates the Brighton Palace Pier.
In the
contested Decision, the Commission held that the restoration
of the Brighton West Pier did not involve state aid and
declared, in the alternative, any aid to be compatible with the
common market. The applicant points out that the restoration
of the Brighton West Pier involves the participation of a private
partner, St. Modwen. This partner will, after the restoration,
exploit the pier and adjacent lands commercially. This would
create a direct competitor for the applicant since the West Pier,
which is situated only 1,2 kilometres away from the Palace
Pier, would then offer the same services and attractions as the
applicant currently offers.

claims that the Decision would erred in taking into account
only the effect on competition that could arise from the
operation of the heritage centre on the West Pier. Instead, the
Decision should also take into account the effect on compe-
tition and trade that could arise from the management and use
of the new shore end commercial buildings and the commercial
space on the West Pier. According to the applicant, these new
commercial developments would not take place without the
funded restoration of the West Pier.

Finally, the applicant claims that the Commission erred in
concluding that if there was aid, it was compatible with the
common market under Article 87(3)(d) of the EC Treaty.
According to the applicant, the Commission failed to weigh
up the benefits of any cultural or heritage objective against the
much larger purely commercial aspects. Furthermore, it failed
to take into account
the potential disadvantages for the
applicant, Palace Pier, which is also an English Heritage listed
building, and relies solely on its commercial viability.

Action brought on 23 August 2002 by L against Com-
mission of the European Communities

(Case T-254/02)

(2002/C 261/35)

(Language of the case: French)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 23 August 2002 by L, residing in
Brussels, represented by Jean Van Rossum, lawyers.

The applicant submits that the Commission erred in conclud-
ing that the measures did not favour St. Modwen. According
to the applicant, the funding of the restoration gives St.
Modwen the opportunity to carry out a large commercial
development of a scale and in a locality which would not
otherwise be possible. This gives St. Modwen a competitive
advantage over the applicant.

The applicant claims that the Court should:

— annul the decision of the Commission of 30 April 2002
and the implied rejection of the applicant’s complaint of
4 February 2002;

The applicant furthermore submits that the Commission erred
in concluding that the measures in issue would have no effect
on competition and intra community trade. The applicant

— order the defendant to compensate the applicant;

— order the defendant to pay the costs.