Judgment of the Court of First Instance of 5 August 2003 in Joined Cases T-116/01 and T-118/01: P & O European Ferries (Vizcaya), SA and Diputación Foral de Vizcaya v Commission of the European Communities (State aid — Actions for annulment — Decision terminating a review procedure initiated under Article 88(2) EC — Concept of State aid — Purchase of services by the State at the market price — Aid having a social character granted without discrimination related to the origin of the products concerned — Failure to order a Member State to produce the necessary information — Obligation to refund aid — Legitimate expectations of recipients — Statement of reasons)
Date: 2003-10-18
Institutions: Court of First Instance
Subjects: Spain, State aid, action for annulment (EU), control of State aid, ferryboat

C 251/10

EN

Official Journal of the European Union

18.10.2003

COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

ORDER OF THE COURT OF FIRST INSTANCE

of 5 August 2003

of 9 July 2003

in Joined Cases T-116/01 and T-118/01: P & O European
Ferries (Vizcaya), SA and Diputación Foral de Vizcaya v
Commission of the European Communities (1)

(State aid — Actions for annulment — Decision terminating
a review procedure initiated under Article 88(2) EC —
Concept of State aid — Purchase of services by the State
at the market price — Aid having a social character granted
without discrimination related to the origin of the products
concerned — Failure to order a Member State to produce the
necessary information — Obligation to refund aid —
recipients — Statement of
Legitimate

expectations of

reasons)

(2003/C 251/19)

(Language of the case: Spanish and English)

In Joined Cases T-116/01 and T-118/01, P&O European
Ferries (Vizcaya) SA, formerly Ferries Golfo de Vizcaya SA,
established in Bilbao (Spain), represented by Sir Jeremy Lever
QC, D. Beard, barrister, J. Ellison, solicitor, and J. Folguera
Crespo, lawyer, v Commission of the European Communities
(Agent: J. Flett): Application for annulment of Commission
Decision 2001/247/EC of 29 November 2000 on the aid
scheme implemented by Spain in favour of the shipping com-
pany Ferries Golfo de Vizcaya (OJ 2001 L 89, p. 28), the Court
of First Instance (First Chamber, Extended Composition), com-
posed of: B. Vesterdorf, President, K. Lenaerts,
J. Azizi,
M. Jaeger and H. Legal, Judges; J. Palacio González, Principal
Administrator, for the Registrar, has given a judgment on
5 August 2003, in which it:

1. Dismisses the actions;

in Case T-216/01: Reisebank AG v Commission of the
European Communities (1)

(Action for annulment — Application for access to docu-
ments — Decision of the Hearing Officer — Admissibility)

(2003/C 251/20)

(Language of the case: German)

of

the

against

In Case T-216/01: Reisebank AG, established in Frankfurt am
Main (Germany), represented by M. Klusmann and F. Wiemer,
lawyers,
European
the Commission
Communities (Agent: S. Rating) — application for annulment
of the Hearing Officer's decision of 14 August 2001 refusing
to allow the applicant access to certain documents concerning
the closure of the proceeding in Case COMP/E-1/37.919 —
bank fees for currency exchange in the Euro zone, initiated
against other banks — the Court of First
Instance (Fifth
Chamber),
composed of R. García-Valdecasas, President,
P. Lindh and J. D. Cooke, Judges; H. Jung, Registrar, has made
an order on 9 July 2003, in which it:

1. Dismisses the action as inadmissible.

2. Orders the applicant, in each case, to bear its own costs and

those incurred by the Commission;

2. Orders the applicant to bear its own and the defendant's costs,
the interlocutory proceedings in Case

including the costs of
T-216/01 R.

3. Orders the interveners to bear their own costs.

(1) OJ C 212 of 28.07.2001 and C 227 of 11.08.2001.

(1) OJ C 331 of 24.11.01.