Judgment of the Court of First Instance of 16 September 2004 in Case T-274/01: Valmont Nederland BV v Commission of the European Communities (State aid — Concept — Benefit — Land sale price — Financing for a car park)
Date: 2004-11-20
Institutions: Court of First Instance
Subjects: European Commission, Netherlands, State aid, action for annulment (EU), industrial plot, purchase price

C 284/14

EN

Official Journal of the European Union

20.11.2004

COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 14 September 2004

in Case T-156/94: Siderúrgica Aristrain Madrid SL v
Commission of the European Communities (1)

(ECSC Treaty — Competition — Agreements and concerted
practices — European producers of beams — Imputability of
the unlawful conduct — Fine — Appeal — Case referred
back to the Court of First Instance)

(2004/C 284/28)

(Language of the case: Spanish)

In Case T-156/94: Siderúrgica Aristrain Madrid SL, established
in Madrid (Spain), represented by A. Creus Carreras and N.
Lacalle Mangas, lawyers, with an address for service in Luxem-
bourg, against Commission of
the European Communities
(Agents: J. Currall and W. Wils, assisted by J. Rivas Andrés and
J.J. Gutiérrez Gisbert,
lawyers, with an address for service in
Luxembourg) — application for annulment of Commission
Decision 94/215/ECSC of 16 February 1994 relating to a
proceeding pursuant
the ECSC Treaty
concerning agreements and concerted practices engaged in by
European producers of beams (OJ 1994 L 146, p. 1) — the
Court of First Instance (Second Chamber, Extended Composi-
tion), composed of J. Pirrung, President, V. Tiili, A.W.H. Meij,
M. Vilaras and N.J. Forwood, Judges; B. Pastor, Deputy Regis-
trar, gave a judgment on 14 September 2004, the operative
part of which is as follows:

to Article 65 of

1. The amount of the fine imposed on the applicant by Article 4 of
Commission Decision 94/215/ECSC of 16 February 1994
relating to a proceeding pursuant to Article 65 of the ECSC
Treaty concerning agreements and concerted practices engaged in
by European producers of beams is fixed at EUR 2 540 000;

2. The applicant is ordered to pay 35 % of the costs incurred by it
and by the defendant in connection with the proceedings before the
Court of First Instance,
including the interlocutory proceedings,
and also with the proceedings on appeal before the Court of
Justice. The defendant is ordered to pay 65 % of the costs incurred
by it and by the applicant in connection with the same proceed-
ings.

(1) OJ C 146 of 28.5.2004.

of 16 September 2004

in Case T-274/01: Valmont Nederland BV v Commission of
the European Communities (1)

(State aid — Concept — Benefit — Land sale price — Finan-
cing for a car park)

(2004/C 284/29)

(Language of the case: Dutch)

In Case T-274/01: Valmont Nederland BV, established in Maar-
heeze (Netherlands), represented by A. Van Landuyt, A. Prom-
pers and G. Van de Wal, lawyers, against Commission of the
European Communities (Agents: initially by G. Rozet and H.
Speyart, and subsequently by G. Rozet and H. Van Vliet, with
an address for service in Luxembourg) — application for the
annulment of Commission Decision 2002/142/EC on the State
aid implemented by the Netherlands in favour of Valmont
Nederland BV (OJ 2002 L 48, p. 20), — the Court of First
Instance (Fourth Chamber, Extended Composition), composed
of H. Legal, President, V. Tiili, A.W.H. Meij, M. Vilaras and N.J.
Forwood, Judges; J. Plingers, Administrator, for the Registrar,
has given a judgment on 16 September 2004, in which it:

1. Annuls Commission Decision 2002/142/EC of 18 July 2001 on
in favour of

the State aid implemented by the Netherlands
Valmont Nederland BV;

2. Orders the Commission to pay the costs.

(1) OJ C 3 of 5.1.2002.