Case T-319/04: Action brought on 27 July 2004 by Port Support Customs Rotterdam B.V. against the Commission of the European Communities
Date: 2004-10-23
Institutions: Court of First Instance
Subjects: Cambodia, European Anti-fraud Office, European Commission, access to information, action for annulment (EU), footwear industry, originating product, provision of documents, textile industry

C 262/48

EN

Official Journal of the European Union

23.10.2004

The Danish Government states in support of its action that the
Commission's decision of 19 May 2004:

Action brought on 27 July 2004 by Port Support Customs
Rotterdam B.V. against the Commission of the European
Communities

— fails to comply with essential procedural requirements;

— infringes Article 295 EC,

the provisions of

the Treaty
concerning State aid contained in Article 87(1) EC and
Article 86(2) EC and the Communication from the
Commission on the application of State aid rules to public
service broadcasting; and

— infringes Council Regulation (EC) No 659/1999 (1) and

Commission Directive 80/723/EEC. (2)

(Case T-319/04)

(2004/C 262/90)

(Language of the case: Dutch)

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 27 July 2004 by Port Support
Customs Rotterdam B.V., established in Rotterdam (Nether-
lands), represented by A.T.M. Jansen.

The Danish Government puts forward the following in support
of its principal action for annulment:

The applicant claims that the Court should:

— that the principle that both sides must be heard has been
disregarded, which has deprived the Danish Government of
the opportunity to defend itself,
thereby affecting the
outcome in the Commission's decision;

— that neither the licence-fee resources transferred to TV2 nor
the advertising revenue, which was transferred to TV2
through the TV2 fund until it was abolished in 1997, are
State aid, since they are not State resources within the
meaning of Article 87;

— that the capital built up in TV2 from 1995 to 2002 consti-
tutes reasonable earnings in the performance of its public
service obligations and that, accordingly,
it is not 'excess
compensation' constituting State aid contrary to the EC
Treaty;

— that the Commission's calculation of ‘excess compensation’

is incorrect;

— that there is no State aid, even though the transferred funds
exceed TV2's net costs inherent in the performance of its
public service obligations, since the funds have in fact not
been used to cross-subsidise commercial activities and
therefore do not distort competition;

— that any State funds transferred to TV2 must be considered
to have been transferred in accordance with the criterion of
the private investor in a market economy and that it is
therefore not State aid.

(1) Council Regulation (EC) No 659/1999 of 22.3.1999 laying down
detailed rules for the application of Article 93 of the EC Treaty (OJ
1999 L 83, p. 1).

(2) Commission Directive 80/723/EEC of 25.6.1980 on the transpar-
ency of financial relations between Member States and public under-
takings (OJ 1980 L 195, p. 35).

— annul the defendant's decision of 18 May 2004;

— order the defendant to make the information available to
the applicant and to supply it with a copy of the requested
documents.

Pleas in law and main arguments:

The applicant requested access to the OLAF mission report on
footwear and textile products from Cambodia. The applicant
was granted only partial access to that report and therefore
requested access to those parts of the report which had not
been disclosed. The applicant was not granted such access.

In support of its application, the applicant alleges infringement
of Article 8 of Regulation (EC) No 1049/2001 of the European
Parliament and of the Council of 30 May 2001 regarding
public access to European Parliament, Council and Commission
documents. (1) The applicant submits that
the Commission
failed to reply to its confirmatory application.

(1) OJ 2001 L 145, p. 43.

Action brought on 29 July 2004 by Air Bourbon against
the Commission of the European Communities

(Case T-321/04)

(2004/C 262/91)

(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 29 July 2004 by Air Bourbon, a
company established in Sainte-Marie, La Réunion (France),
represented by Sauveur Vaisse, lawyer.