Case T-17/03: Action brought on 16 January 2003 by Schmitz-Gotha Fahrzeugwerke GmbH against the Commission of the European Communities
Date: 2003-05-24
Institutions: Court of First Instance
Subjects: European Commission, Germany, State aid, action for annulment (EU), transport company

24.5.2003

EN

Official Journal of the European Union

C 124/21

ORDER OF THE COURT OF FIRST INSTANCE

The applicant claims that the Court should:

of 6 March 2003

— annul Commission Decision of 30 October 2002 (C 31/

2001 (ex NN 156/1999 and N 288/1998));

in Case T-226/00 DEP and T-227/00 DEP: Nan Ya Plastics
Corporation and Far Eastern Textiles Ltd v Council of the
European Union (1)

— order the Commission to pay the costs.

(Taxation of costs)

(2003/C 124/37)

(Language of the case: English)

In Cases T-226/00 DEP and T-227/00 DEP: Nan Ya Plastics
Corporation, established in Taipei, Taiwan (China), and Far
Eastern Textiles Ltd, established in Taipei, represented by P. De
Baere, lawyer, with an address for service in Luxembourg, v
Council of the European Union (Agents: S. Marquardt and G.
Berrisch): Application for taxation of the costs to be paid by
the defendant to the applicants following the orders made by
the Court of First Instance on 19 September 2001 in Case
T-226/00 Nan Ya Plastics v Council and Case T-227/00 Far
Eastern Textiles v Council, not published in the European
Court Reports, the Court of First Instance (Fifth Chamber,
Extended Composition), composed of: R. García-Valdecasas,
President, P. Lindh, R.M. Moura Ramos, J.D. Cooke and H.
Legal, Judges, Registrar: H. Jung, has made an order on 6 March
2003, the operative part of which is as follows:

The amount of costs to be paid by the Council to the applicants in
Cases T-226/00 and T-227/00 is fixed at EUR 43 000.

( 1) OJ C 316 of 04.11.2000.

Action brought on 16 January 2003 by Schmitz-Gotha
Fahrzeugwerke GmbH against the Commission of the
European Communities

(Case T-17/03)

(2003/C 124/38)

(Language of the case: German)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 16 January 2003 by Schmitz-
Gotha Fahrzeugwerke GmbH, Gotha (Germany), represented
by M. Matzat, lawyer.

Pleas in law and main arguments

In the contested decision the Commission found that the
applicant had received public funds from the Federal Republic
of Germany in the amount of DEM 6 636 000, which were
regarded as State aid. The Commission ordered the Federal
Republic of Germany to recover from the applicant aid in
the amount of EUR 1 120 000 together with interest. The
Commission takes the view that the aid was not kept to a
minimum and, in support of that view, refers to the acquisition
by the applicant of a holding in a supply business.

The applicant claims that the Commission has abused its
discretion by ordering the recovery of aid.

The applicant submits that the Commission’s assumption that
the acquisition of the shareholding was merely beneficial to
the success of the restructuring, but not necessary, is incorrect.
The acquisition of that shareholding was an integral part of
the restructuring plan of the investors; only in that way, could
they acquire in the short term know-how of the applicant’s
business to ensure the success of the restructuring within a
reasonable period.

Furthermore, the applicant claims that the Commission wrong-
the
ly assumes that the profits from the acquisition of
shareholding were not taken into account in the investors’
business plan. The profits were taken into account in the
investors’ plan as part of the expected growth in the applicant’s
profits.

Finally, the applicant submits that even if the need to acquire
the shareholding is denied, the order requiring repayment of
the part sum of DEM 700 000 was an abuse of discretion,
because liquid capital of the undertaking of that amount was
directly available in return for the purchase price.