Case T-275/04: Action brought on 7 July 2004 by Aries Meca against the Commission of the European Communities
Date: 2004-10-23
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), aid to undertakings, company in difficulties, tax exemption, terms for aid, vehicle parts

C 262/32

EN

Official Journal of the European Union

23.10.2004

Action brought on 8 July 2004 by Georgios Rounis against
the Commission of the European Communities

The applicant claims that the Court should:

(Case T-274/04)

(2004/C 262/61)

(Language of the case: French)

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 8 July 2004 by Georgios Rounis,
residing in Brussels, represented by E. Boigelot, lawyer.

The applicant claims that the Court should:

— Annul the decision taken by the Director-General of DG
COMP/A on 4 August 2003 in his capacity as appeals
assessor and adversely affecting the applicant in that it
confirms and definitively approves his staff reports for
1997-1999 and 1999-2001 as established;

— Annul those staff reports;

— Award the applicant compensation for non-material harm,
evaluated on an equitable basis at EUR 8,000, owing to the
various substantial faults committed at various levels in the
establishment of his staff reports for 1997-1999 and 1999-
2001 and owing to the significant delay in definitively
establishing those reports;

— Order the defendant to pay the costs.

Pleas in law and main arguments:

In support of his action, the applicant claims that there has
been a breach of the second paragraph of Article 25 and Arti-
cles 26 and 43 of the Staff Regulations and also of the general
implementing provisions on the application of Article 43
adopted by the Commission on 26 April 2002. The applicant
also claims that there has been misuse of powers and a breach
of the rights of the defence, of the principle of good adminis-
tration, of the principle of equal treatment and also of the prin-
ciple that the appointing authority must adopt a decision solely
on the basis of legally admissible grounds, i.e. grounds which
are relevant and are not vitiated by a manifest error of assess-
ment of fact or of law.

— annul the Commission's decision of 16 December 2003, in
that Article 1 thereof declared illegal the scheme providing
for automatic tax exemption for companies acquiring an
undertaking in financial difficulties;

— annul the Commission's decision of 16 December 2003, in
that Article 5 thereof ordered that the whole of the aid
granted under the scheme of Article 44 septies of the Code
Général des Impôts be recovered from companies incorpo-
rated for the purpose of acquiring an undertaking in finan-
cial difficulties;

— order the Commission to pay the costs.

Pleas in law and main arguments:

The decision which is the subject-matter of this case is the
same as that which is challenged in Case T-273/04 Brandt
Industries v Commission.

The applicant in this case, Aries Meca, is a company which, by
virtue of its acquisition of Aries SAS, benefited from the provi-
sions of
the Code Général des Impôts referred to in the
contested decision. Its application for annulment is based on a
twofold plea that
there has been an infringement of both
Article 253 of the EC Treaty and Article 14 of Council Regu-
lation (EC) No 659/1999 of 22 March 1999 laying down
detailed rules for the application of Article 93 of
the EC
Treaty (1).

(1) OJ 1999 L 83, p. 1.

Action brought on 8 July 2004 by Compagnie Maritime
Belge N.V./S.A. against the Commission of the European
Communities

(Case T-276/04)

(2004/C 262/63)

(Language of the case: French)

Action brought on 7 July 2004 by Aries Meca against the
Commission of the European Communities

(Case T-275/04)

(2004/C 262/62)

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 8 July 2004 by Compagnie Mari-
time Belge N.V./S.A., established in Antwerp (Belgium), repre-
sented by Denis Waelbroeck, lawyer.

(Language of the case: French)

The applicant claims that the Court should:

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 7 July 2004 by Aries Meca, estab-
lished in Poissy (France), represented by Jean-Paul Poulain and
Jean-Emmanuel Kuntz, lawyers.

— annul the Commission's decision of 30 April 2004 in cases
COMP/D232.450 and 32.448 imposing a fine on the appli-
cant for infringement of Article 82 of the EC Treaty, or at
least substantially reduce the fine;

— order the defendant to pay the costs.