Judgment of the Court of First Instance of 15 June 2005 in Case T-171/02 Regione autonoma della Sardegna v Commission of the European Communities (State aid — Aid scheme for the restructuring of small agricultural enterprises — Aid affecting trade between Member States and distorting or threatening to distort competition — Guidelines on State aid for rescuing and restructuring firms in difficulty — Conditional decision — Time-limits applicable to the procedure for controlling State aid — Protection of legitimate expectations — Statement of reasons — Intervention — Intervener's claims, pleas and arguments)
Date: 2005-08-20
Institutions: Court of First Instance
Subjects: European Commission, State aid, action for annulment (EU), aid for restructuring, company in difficulties, control of State aid, floriculture, vegetable

20.8.2005

EN

Official Journal of the European Union

C 205/17

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 15 June 2005

of 15 June 2005

in Case T-17/02 Fred Olson SA v Commission of the Euro-
pean Communities (1)

(State aid — Maritime transport — Existing aid — New aid
— Service of general economic interest)

in Case T-171/02 Regione autonoma della Sardegna v
Commission of the European Communities (1)

(State aid — Aid scheme for the restructuring of small agri-
cultural enterprises — Aid affecting trade between Member
States and distorting or threatening to distort competition —
Guidelines on State aid for rescuing and restructuring firms
in difficulty — Conditional decision — Time-limits applic-
able to the procedure for controlling State aid — Protection
of legitimate expectations — Statement of reasons — Inter-
vention — Intervener's claims, pleas and arguments)

(2005/C 205/29)

(Language of the case: Spanish)

(2005/C 205/30)

(Language of the case: Italian)

In Case T-17/02: Fred Olson SA, established in Santa Cruz,
Tenerife (Spain), represented by R. Marín Correa and F. Marín
Riaño, lawyers, against Commission of the European Commu-
nities (Agent: J. Buendía Sierra, with an address for service in
Luxembourg), supported by the Kingdom of Spain (Agent: N.
Díaz Abad, lawyer, with an address for service in Luxembourg
— application for annulment of the Commission Decision of
25 July 2001 relating to State aid file NN 48/2001 — Spain —
Aid for the Trasmediterránea shipping company (OJ 2002 C
96, p. 4) — the Court of First Instance (Second Chamber,
Extended Composition Chamber), composed of J. Pirrung, Presi-
dent, A.W.H. Meij, N. J. Forwood, I. Pelikánová and S. Papa-
savvas, Judges; J. Palacio González, Principal Administrator for
the Registrar, gave a judgment on 15 June 2005, in which it:

In Case T-171/02: Regione autonoma della Sardegna, repre-
sented by G. Aiello and G. Albenzio, avvocati dello Stato, with
an address for service in Luxembourg, supported by Confedera-
zione italiana agricoltori della Sardegna, Federazione regionale
coltivatori diretti della Sardegna, Federazione regionale degli
agricoltori della Sardegna, established in Cagliari (Italy), repre-
sented by F. Ciulli and G. Dore, lawyers, against Commission of
the European Communities (Agent: V. Di Bucci, with an
address for service in Luxembourg) — application for annul-
ment of Commission Decision 2002/229/EC of 13 November
2001 on the aid scheme which the Sardinia Region (Italy) is
planning to implement for the restructuring of holdings in diffi-
culty in the protected crops sector (OJ 2002 L 77, p. 2) — the
Court of First Instance (Fourth Chamber, Extended Composi-
tion), composed of H. Legal, President, V. Tiili, A.W.H. Meij, M.
Vilaras and N.J. Forwood, Judges; J. Palacio González, Principal
Administrator, for the Registrar, gave a judgment on 15 June
2005, in which it:

1. Dismisses the application.

1. Dismisses the application;

2. Orders the applicant to bear its own costs and to pay the costs

incurred by the Commission.

3. Orders the Kingdom of Spain to bear its own costs.

(1) OJ C 97 of 20.04.2002

2. Orders the Regione autonoma della Sardegna to pay the costs,

with the exception of those referred to in point 3 below;

3. Orders the Confederazione italiana agricoltori della Sardegna, the
Federazione regionale coltivatori diretti della Sardegna and the
Federazione regionale degli agricoltori della Sardegna to bear their
own costs, in addition to those incurred by the Commission as a
result of their intervention.

(1) OJ C 191 of 10.8.2002