Case T-75/03: Action brought on 28 February 2003 by Banco Comercial dos Açores, SA against the Commission of the European Communities
Date: 2003-05-10
Institutions: Court of First Instance
Subjects: Azores, action for annulment (EU), financial market, tax on income, tax system

10.5.2003

EN

Official Journal of the European Union

C 112/35

The applicant furthermore submits that the Commission failed
to take into account the applicant’s smaller total size in relation
to that of the other participants in the infringement while
determining the starting point for the calculation of the fine.
According to the applicant, the Commission should have
applied a downward adjustment for the applicant.

The applicant finally claims that its cooperation with the
investigation qualified for a reduction of 50 % rather than
35 %. The applicant states that it voluntarily provided the
Commission with evidence showing that the infringement
started earlier than known to the Commission.

Action brought on 28 February 2003 by Banco Comercial
dos Açores, SA against the Commission of the European
Communities

(Case T-75/03)

(2003/C 112/67)

(Language of the case: Portuguese)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 28 February 2003 by the Banco
Comercial dos Açores, SA, whose registered office is in Edifício
BCA, Rua Dr. José Bruno Tavares Carreiro, Ponta Delgada,
Azores, represented by Carlos Botelho Moniz and Margarida
Rosado da Fonseca, lawyers.

The applicant claims that the Court should:

— annul the last part of Article 1, together with Articles 2,
3 and 4 of the decision of the Commission of 11 Decem-
ber 2002 ‘on the part of
the scheme adapting the
national tax system to the specific characteristics of the
autonomous region of the Azores with regard to the tax
those provisions refer
reductions’ to the extent that
to undertakings which pursue the financial activities
provided for in Section J (Codes 65, 66 and 67) of the
Statistical Classification of Economic Activities in the
European Community — NACE REV1.1);

— order the Commission of the European Communities to

pay the entire costs.

Pleas in law and main arguments

The contested decision declares compatible with the common
market the aid granted in the form of tax reductions under the
tax system of the Azores, but not as regards the financial
services.

The applicant relies on the following:

— error of law in the application of Article 87 of the EC
Treaty: the measure at issue is of general scope and does
not constitute State aid within the meaning of Article 87
of the EC Treaty. In any event, the Commission has not
demonstrated that the criterion as to effect on trade
between Member States has been met;

— error in the facts set out in the decision: the undertakings
in the financial sector are affected, as are the undertakings
in the remaining business sectors, by the structural
disadvantages acknowledged in the contested decision;

— breach of an essential procedural requirement in that the

statement of reasons is inadequate;

— breach of the principle of equality; and

— breach of the principles of legal certainty and legitimate

expectations.

Action brought on 4 March 2003 by Feralpi Siderurgica
S.p.A. against the Commission of the European Communi-
ties

(Case T-77/03)

(2003/C 112/68)

(Language of the case: Italian)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 4 March 2003 by the above
applicant, represented by Prof. G. M. Roberti, A. Franchi and
I. Perego, lawyers,

The applicant claims that the Court should:

— annul wholly or in part the Commission Decision of
17 December 2002 on a proceeding pursuant to Article 6
of the ECSC Treaty (Case COMP/37.956 — concrete
reinforcing bars);

— cancel or reduce the fine imposed pursuant to Article 2

of that decision;

— order the defendant to pay the costs.