Case T-291/02: Action brought on 17 September 2002 by González y Díez S.A. against the Commission of the European Communities
Date: 2002-11-23
Institutions: Court of First Instance
Subjects: Spain, State aid, action for annulment (EU), coal industry, intervention policy

23.11.2002

EN

Official Journal of the European Communities

C 289/33

Action brought on 24 September 2002 by Associazione
Consorzi Tessili — ASCONTEX against Commission of
the European Communities

(Case T-290/02)

(2002/C 289/61)

(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 24 September 2002 by Associa-
zione Consorzi Tessili — ASCONTEX, whose registered office
is at Milan (Italy), represented by Patrick Mbaya and Laurent
Denis, lawyers, with an address for service in Luxembourg.

The applicant claims that the Court should:

— annul the decision of 12 July 2002 withdrawing financial
assistance from the applicant for the ASCONTEX IBEX
EURESPRIT project;

— declare that the advance of EUR 200 000 is not to be

repaid;

— annul in part, in the alternative, the decision of 12 July
2002 withdrawing financial assistance from the applicant
for the ASCONTEX IBEX EURESPRIT project;

— declare that the advance of EUR 200 000 is to be repaid
to the Commission only after the latter adopts a decision
on the eligibility of the expenditure submitted and on the
proportion of that not used by the applicant;

— order, in any event, the defendant to pay the costs.

Pleas in law and main arguments

The applicant is a member of the Italian association of textile
manufacturers.
It received from the Commission financial
assistance for an international salon exhibition in the textile
and clothing sector. The salon was to be held in Capri.

In the contested decision, the Commission withdraws its
financial assistance and seeks repayment of the advance already
paid.

In support of its arguments, the applicant alleges, first, breach
of the duty to provide reasons. According to the applicant, the
Commission never carried out the investigation required under
Article 24 of Regulation (EEC) No 4253/88 (1), which is
applicable in the present case. Thus, the Commission did not
invite Italy to submit
its comments despite the fact that
financial assistance was granted with the support of the Italian
the
Government. Furthermore,
Commission failed to reply to its proposals to make changes
to the project. The applicant further states that the Commission
has not adopted a decision on the eligibility of the expenditure
incurred by it in relation to the project. According to the
applicant, the Commission was in full possession of all the
information in that regard.

the applicant claims that

The applicant also alleges breach of the principle of legitimate
expectations. According to the applicant, the Commission has
not challenged the eligibility of the expenditure incurred by
the applicant.

The last plea in law put forward by the applicant alleges breach
of the principle of legal certainty. According to the applicant,
the Commission has rejected the expenditure claimed by the
applicant for lack of certification whereas it had never made
any such observation previously. Moreover,
the applicant
states that certification for expenditure must be submitted with
the final report for the project.

(1) Council Regulation (EEC) No 4253/88 of 19 December 1988
laying down provisions for
implementing Regulation (EEC)
No 2052/88 as regards coordination of the activities of the
different Structural Funds between themselves and with the
operations of
the European Investment Bank and the other
existing financial instruments (JO L 374, p. 1).

Action brought on 17 September 2002 by González
y Díez S.A. against the Commission of the European
Communities

(Case T-291/02)

(2002/C 289/62)

(Language of the case: Spanish)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 17 September 2002 by the under-
taking González y Díez S.A., Villabona-Llanera (Asturias,
Spain), represented by J. Folguera Crespo, A. Martínez Sánchez
and J.C. Engra Moreno, lawyers.

C 289/34

EN

Official Journal of the European Communities

23.11.2002

The applicant claims that the Court should:

The applicant also alleges a breach of the requirement to state
reasons.

— annul Articles 1, 2 and 5 of the Commission Decision of
2 July 2002 concerning aid granted by Spain to the
undertaking González y Díez SA for the years 1998,
2000 and 2001; and

(1) OJ L 329 of 30.12.1993, p. 12.
(2) OJ L 83 of 27.3.1999, p. 1.

— order the Commission to pay the costs.

Pleas in law and main arguments

in 1998, 2000 and 2001,

Pursuant to Article 1 of the contested Decision, the defendant
institution found incompatible with the common market part
of the State aid granted to the applicant by the Spanish
authorities
totalling EUR
5 113 254,96, to cover exceptional costs arising from modern-
isation, rationalisation and restructuring, in accordance with
Article 5 of Decision No 3632/93/ECSC of 28 December
1993 establishing Community rules for State aid to the coal
industry (1).

In support of the form of order sought, the applicant claims:

— fundamental procedural irregularities, contrary to Articles
88 of the ESCS Treaty and 4(4) of Council Regulation
(EC) No 659/1999 of 22 March 1999 laying down
detailed rules for the application of Article 93 (now 88)
of the EC Treaty (2), by failing to publish in the Official
Journal the Commission’s decision to initiate the formal
investigation procedure;

— numerous manifest errors of assessment,

in that the
Commission based the contested decision on facts which
are not relevant to the case in question, such as the
conditions on which the applicant was acquired by Mina
la Camocha, and ordered the recovery of an amount
higher than that granted to the applicant. The Com-
mission also made an error of fact in considering that the
amount of the aid granted for exceptional costs arising
2001 was
from restructuring
ESP 393 971,600, and in failing to take account of certain
exceptional costs arising from restructuring under the aid
granted in 1998, 2000 and 2001;

year

the

for

— breach of the principle of protection of legitimate expec-
tations, in that the Commission asked Spain to recover
aid previously authorised under Decisions 98/637/ECSC
of 3 June 1998 and 2001/162/ECSC of 13 December
2000 concerning the granting of aid by Spain to the coal
industry in the years 1998 and 2000, respectively.

Action brought on 23 September 2002 by Eric Vranckx
against Commission of the European Communities

(Case T-293/02)

(2002/C 289/63)

(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 September 2002 by Eric
Vranckx, residing in Brussels, represented by Albert Coolen,
Jean-Noël Louis and Etienne Marchal, lawyers, with an address
for service in Luxembourg.

The applicant claims that the Court should:

— annul the decision of the Selection Board in Competition
COM/B/1/00 in so far as the oral test marks awarded to
the applicant are concerned;

— order the defendant to pay the costs.

Pleas in law and main arguments

The applicant participated in Competition COM/B/1/00. He
contests the failure to include him on the reserve list for
assistants in the field of information technology and telecom-
munications.

In support of his arguments, the applicant alleges:

— breach of the duty to provide reasons;

— manifest error of assessment;

— failure to take account of the competition notice.