Case T-349/03: Action brought on 13 October 2003 by Corsica Ferries France against the Commission of the European Communities
Date: 2004-01-10
Institutions: Court of First Instance
Subjects: European Commission, France, action for annulment (EU), aid for restructuring, maritime transport, transport company

C 7/36

EN

Official Journal of the European Union

10.1.2004

the applicant submitted to the DAFSE an
Subsequently,
application for payment of the balance of PTE 991 009 by the
EFS and of the balance of PTE 810 226 by the Portuguese
State. The DAFSE certified that request, which the Commission
approved by document No 4242 of 13 March 1989, although
it considered the sum of 1 192 162 to be ineligible. On
17 February 1998 the Commission decided, however, to
suspend the contribution.

The applicant claims that the Court should:

— annul the Commission’s decision of 9 July 2003 concern-
ing the restructuring aid which France plans to put into
effect in favour of the Société Nationale Maritime Corse-
Méditerranée;

— order the defendant to pay all the costs.

The Portuguese judicial authorities decided to discontinue the
legal actions pending against the applicant, thereby eliminating
in the applicant’s view the presumption that it had acted
irregularly. Nevertheless, the Commission adopted the decision
at issue in these proceedings.

in the applicant’s view,

The contested decision,
infringes
Regulation (EEC) No 2950/83 and Council Decision 83/516/
EEC since the applicant complied strictly with the conditions
laid down for approval of the EFS contribution, thereby
acquiring ‘subjective rights attaching specifically to it’.

The decision also breaches the principle of the protection of
legitimate expectations in so far as the Commission’s approval
decision vested in the applicant an entitlement to the contri-
butions and gave rise to an expectation on its part that it
would receive them if it carried out the action on the agreed
basis and also because the measure contested herein could
have been put into effect as early as 1989.

Finally, the contested decision constitutes a serious breach of
the principle of proportionality since the applicant incurred
expenses on the assumption that the Commission would fulfil
its commitments.

Action brought on 13 October 2003 by Corsica Ferries
France against the Commission of the European Com-
munities

Pleas in law and main arguments

By the contested decision, the Commission decided that the
restructuring aid which France was planning to put into effect
in favour of the Société Nationale Maritime Corse-Méditerranée
was, under certain conditions, compatible with the common
market. The applicant challenges that decision, asserting that it
has a direct and individual interest in obtaining its annulment,
having regard to its active participation in the formal investi-
gation procedure in respect of the aid and its competitive
position in the reference market.

In support of its action it relies, first, on alleged failure to state
the reasons on which the contested decision is based and,
secondly, on alleged manifest errors of fact and assessment.

Action brought on 13 October 2003 by Wirtschafts-
kammer Kärnten and best connect Ampere Strompool
GmbH against the Commission of the European Com-
munities

(Case T-350/03)

(2004/C 7/67)

(Language of the case: German)

(Case T-349/03)

(2004/C 7/66)

(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 13 October 2003 by Wirtschafts-
kammer Kärnten and best connect Ampere Strompool GmbH,
Klagenfurt (Austria), represented by M. Angerer, lawyer.

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 13 October 2003 by Corsica
Ferries France, established in Bastia (France), represented by
S. Rodrigues and C. Scapel, lawyers, with an address for service
in Luxembourg.

The applicants claim that the Court should:

— annul Commission Decision COMP/M.2947 — Verbund/
EnergieAllianz of 11 June 2003 on the compatibility of a
concentration with the common market and the Agree-
ment on the European Economic Area (EEA Agreement)
and order the defendant to pay the costs.