Judgment of the Court (Sixth Chamber) of 29 April 2004 in Case C-277/00: Federal Republic of Germany v Commission of the European Communities (Action for annulment — State aid — Decision 2000/567/EC — Aid granted by the Federal Republic of Germany to System Microelectronic Innovation GmbH of Frankfurt an der Oder (Brandenburg) — Article 88(2) EC — Right to be heard — Compatibility with the common market — Article 87(1) EC — Recovery of illegal aid — Recovery from undertakings other than the original beneficiary)
Date: 2004-04-30
Institutions: Court of Justice
Subjects: European Commission, Germany, State aid, action for annulment (EU), electronic component

30.4.2004

EN

Official Journal of the European Union

C 118/3

1. Dismisses the appeal;

2. Orders the Commission of the European Communities to pay the

costs of the appeal.

(1) OJ C 79 of 18.3.2000

JUDGMENT OF THE COURT

(Sixth Chamber)

of 29 April 2004

in Case C-150/00: Commission of the European Commu-
nities v Republic of Austria (1)

(Failure of a Member State to fulfil obligations — Articles
28 and 30 EC — Directive 65/65/EEC — Food preparations
containing vitamins A, D or K or minerals in the chromate
group or containing more than once the daily amount of
other vitamins or minerals — Preparations lawfully marketed
as food supplements in the Member State of exportation —
Preparations classified as medicinal products in the Member
State of importation — “Medicinal product” — Obstacle —
Justification — Public health — Proportionality)

(2004/C 118/05)

(Language of the case: German)

(Provisional translation; the definitive translation will be published in
the European Court Reports)

In Case C-150/00: Commission of the European Communities
(Agent: J. C. Schieferer), with an address for service in Luxem-
bourg v Republic of Austria (Agents:
initially H. Dossi and
subsequently C. Pesendorfer), with an address for service in
Luxembourg, supported by the Kingdom of Denmark (Agent: J.
Molde), with an address for service in Luxembourg, and by the
Republic of Finland (Agents: T. Pynnä and E. Bygglin), with an
address for service in Luxembourg — application for a declara-
tion that by classifying vitamin and mineral based preparations
as medicinal products where the quantity of vitamin compound
exceeds the simple daily amount, and, more generally, where
those preparations contain vitamins A, D or K or minerals in
the chromate group, without stating that the higher amount of
vitamins or their vitamin or mineral content poses a serious
health risk, the Republic of Austria has failed to fulfil its obliga-
tions under Article 28 EC — the Court
(Sixth Chamber),
composed of: V. Skouris, acting as President of the Chamber, C.
Gulmann, J.N. Cunha Rodrigues, F. Macken (Rapporteur) and
N. Colneric,
Judges; L.A. Geelhoed, Advocate General; M.-F.
Contet, Principal Administrator, for the Registrar, has given a
judgment on 29 April 2004, in which it:

1. Declares that, by automatically classifying as medicinal products
vitamin preparations or preparations containing minerals lawfully
manufactured or marketed as
food supplements in the other
Member States if they contain either more vitamins, other than
vitamins A, C, D or K, or minerals, other than those in the chro-
mate group, than the simple daily amount of those nutrients, or
vitamins A, D or K, regardless of content, the Republic of Austria
has failed to fulfil its obligations under Article 28 EC;

2. Dismisses the remainder of the action;

3. Orders the Republic of Austria to pay the costs;

4. Orders the Kingdom of Denmark and the Republic of Finland to

bear their own costs.

(1) OJ C 163 of 10.6.2000.

JUDGMENT OF THE COURT

(Sixth Chamber)

of 29 April 2004

in Case C-277/00: Federal Republic of Germany v Commis-
sion of the European Communities (1)

for

annulment — State

aid — Decision
(Action
2000/567/EC — Aid granted by the Federal Republic of
Germany to System Microelectronic Innovation GmbH of
Frankfurt an der Oder (Brandenburg) — Article 88(2) EC —
Right to be heard — Compatibility with the common market
— Article 87(1) EC — Recovery of illegal aid — Recovery
from undertakings other than the original beneficiary)

(2004/C 118/06)

(Language of the case: German)

(Provisional translation; the definitive translation will be published in
the European Court Reports)

In Case C-277/00: Federal Republic of Germany (Agents: W.-D.
Plessing and M. Schütte) v Commission of
the European
Communities (Agents: K.-D. Borchardt and V. Di Bucci), with
an address for service in Luxembourg, – application for annul-
ment of Commission Decision 2000/567/EC of 11 April 2000
on State aid granted by Germany to System Microelectronic
Innovation GmbH of Frankfurt an der Oder (Brandenburg) (OJ
2000 L 238, p. 50) – the Court (Sixth Chamber), composed of:
V. Skouris (Rapporteur), acting as President of
the Sixth
Chamber, C. Gulmann, J.-P. Puissochet, R. Schintgen and N.
Colneric, Judges; A. Tizzano, Advocate General; M.-F. Contet,
Principal Administrator, for the Registrar, gave a judgment on
29 April 2004, the operative part of which is as follows:

C 118/4

EN

Official Journal of the European Union

30.4.2004

1. Commission Decision 2000/567/EC of 11 April 2000 on State
aid granted by Germany to System Microelectronic Innovation
GmbH of Frankfurt an der Oder (Brandenburg) is annulled in so
far as it orders the recovery of the aid granted to System Mikroe-
lektronik Innovation GmbH from other undertakings and of the
aid granted to Silicium Mikroelektronik Integration GmbH from
other undertakings.

2. The remainder of the application is dismissed.

3. The Federal Republic of Germany and the Commission of the

European Communities are each to bear their own costs.

(1) OJ C 273 of 23.9.2000.

JUDGMENT OF THE COURT

(Fifth Chamber)

of 29 April 2004

JUDGMENT OF THE COURT

(Sixth Chamber)

of 29 April 2004

in Case C-298/00 P: Italian Republic v Commission of the
European Communities and Impresa Edo Collorigh and
Others (1)

(Appeal — State aid — Transport of goods by road — Effect
on trade between Member States and distortion of competi-
tion — Existing aid or new aid — Principles of reasonable-
ness and of the protection of legitimate expectations — State-
ment of reasons)

(2004/C 118/08)

(Language of the case: Italian)

in Case C-278/00: Hellenic Republic v Commission of the
European Communities (1)

(Provisional translation; the definitive translation will be published in
the European Court Reports)

(State aid — Settlement by the State of debts incurred by
agricultural cooperatives)

(2004/C 118/07)

(Language of the case: Greek)

(Provisional translation; the definitive translation will be published in
the European Court Reports)

In Case C-278/00: Hellenic Republic (Agents: I. Chalkias and C.
Tsiavou), with an address for service in Luxembourg, against
Commission of the European Communities (Agents: J. Flett and
D. Triantafyllou), with an address for service in Luxembourg –
action seeking the
annulment of Commission Decision
2002/458/EC of 1 March 2002 on the aid schemes imple-
mented by Greece in favour of the settlement of debts by the
agricultural cooperatives in 1992 and 1994, including the aids
for the reorganisation of
the dairy cooperative AGNO (OJ
2002 L 159, p. 1), or in the alternative the annulment of
Article 2 of
(Fifth Chamber),
composed of: P.
Jann, acting for the President of the Fifth
Chamber, C.W.A Timmermans and S. von Bahr (Rapporteur),
Judges; L.A. Geelhoed, Advocate General; L. Hewlett, Principal
Administrator, for the Registrar, has given a judgment on 29
April 2004, in which it:

that decision – the Court

Italian Republic (Agents:

the European Communities

In Case C-298/00 P:
I. Braguglia,
assisted by G. Aiello), with an address for service in Luxem-
bourg — appeal against the judgment of the Court of First
(Fourth Chamber,
Instance of
Extended Composition) in Joined Cases T-298/97, T-312/97, T-
313/97, T-315/97, T-600/97 to T-607/97, T-1/98, T-3/98 to
T-6/98 and T-23/98 Alzetta and Others v Commission [2000]
ECR II-2319, seeking to have that judgment set aside, the other
parties to the proceedings being: Commission of the European
Communities (Agent: V. Di Bucci), with an address for service
in Luxembourg, Impresa Edo Collorigh and Others (Lawyer: V.
Cinque), Mauro Alzetta and Others, Masotti Srl and Others,
Impresa Anna Maria Baldo and Others, SUTES SpA and Others,
Ditta Pietro Stagno and Others, Ditta Carlo Fabris & C. Snc,
Ditta Franco D'Odorico, Ditta Fiorindo Birri, Ditta Maria Cecilia
Framalicco, Autotrasporti Claudio Di Viola & C. Snc and
Impresa Amedeo Musso — the Court
(Sixth Chamber),
composed of: V. Skouris acting for the President of the Sixth
Chamber, J. N. Cunha Rodrigues, J.-P. Puissochet, R. Schintgen
and F. Macken (Rapporteur),
Judges; S. Alber, Advocate
General; M.-F. Contet, Principal Administrator, for the Regis-
trar, has given a judgment on 29 April 2004, in which it:

1. Dismissed the appeal and the interlocutory appeal.

1. Dismisses the action;

2. Orders the Hellenic Republic to pay the costs.

2. Ordered the Italian Republic, Impresa Edo Collorigh and Others
and the Commission of the European Communities to pay their
own costs.

(1) OJ C 259 of 9.9.2000.

(1) OJ C 285, 7.10.2000.