Case C-489/03: Action brought on 19 November 2003 by Commission of the European Communities against Kingdom of Spain
Date: 2004-01-24
Institutions: Court of Justice
Subjects: European Commission, Spain, State aid, action for failure to fulfil an obligation, aid to undertakings

C 21/20

EN

Official Journal of the European Union

24.1.2004

— Order the kingdom of Spain to pay the costs.

Action brought on 19 November 2003 by Commission of
the European Communities against Kingdom of Spain

Pleas in law and main arguments

The pleas in law and main arguments are the same as in Case
C-485/03.

(Case C-490/03)

(2004/C 21/38)

Action brought on 19 November 2003 by Commission of
the European Communities against Kingdom of Spain

(Case C-489/03)

(2004/C 21/37)

An action against the Kingdom of Spain was brought before
the Court of Justice of the European Communities on 19 No-
vember 2003 by Commission of the European Communities,
represented by José Luis Buendía Sierra of its Legal Service,
acting as Agent, with an address for service in Luxembourg.

The applicant claims that the Court should:

— declare that, by failing to adopt within the prescribed
period all
the measures necessary to comply with
the Commission Decision of
Articles 2 and 3 of
11.7.2001 relating to a State aid scheme applied by
Spain to a number of recently created undertakings in
Guipúzcoa (notified under No C(2001)1761) in the form
of a tax credit of 45% of the investments made, or, in any
event, by failing to notify the Commission of such
provisions in accordance with Article 4, the Kingdom of
Spain has failed to fulfil
its obligations under that
decision;

— Order the kingdom of Spain to pay the costs.

Pleas in law and main arguments

The pleas in law and main arguments are the same as in Case
C-485/03.

An action against the Kingdom of Spain was brought before
the Court of Justice of the European Communities on 19 No-
vember 2003 by Commission of the European Communities,
represented by José Luis Buendía Sierra of its Legal Service,
acting as Agent, with an address for service in Luxembourg.

The applicant claims that the Court should:

— declare that, by failing to adopt within the prescribed
the measures necessary to comply with
period all
the Commission Decision of
Articles 2 and 3 of
11.7.2001 relating to a State aid scheme applied by Spain
to certain recently established firms in Vizcaya (notified
under No C(2001)1763, or, in any event, by failing to
notify the Commission of such provisions in accordance
with Article 4, the Kingdom of Spain has failed to fulfil
its obligations under that decision;

— Order the kingdom of Spain to pay the costs.

Pleas in law and main arguments

The pleas in law and main arguments are the same as in Case
C-485/03.

Action brought on 20 November 2003 (fax on 13 Novem-
ber 2003) by the Republic of Austria against the Com-
mission of the European Communities

(Case C-492/03)

(2004/C 21/39)

An action against the Commission of the European Communi-
ties was brought before the Court of Justice of the European
Communities on 20 November 2003 (fax on 13 November
2003) by the Republic of Austria, represented by Dr Harald
Dossi, with an address for service in Luxembourg.