Case T-210/02: Judgment of the Court of First Instance of 13 September 2006 — British Aggregates v Commission (State aid — Environmental tax on aggregates in the United Kingdom — Commission Decision not to raise objections — Action for annulment — Admissibility — Person individually concerned — Selective character — Obligation to state adequate reasons — Diligent and impartial examination)
Date: 2006-11-18
Institutions: Court of First Instance
Subjects: State aid, United Kingdom, action for annulment (EU), complaint to the Commission, environmental tax, mineral resources

18.11.2006

EN

Official Journal of the European Union

C 281/29

2. Dismisses the remainder of the action;

3. Orders each party to bear half the costs.

(1) OJ C 289, 13.10.2001.

Judgment of the Court of First Instance of 13 September
2006 — CAS Succhi di Frutta SpA v Commission

(Case T-226/01) (1)

(Non-contractual
procedure —
liability — Tendering
Payment in kind — Damage suffered on the market in ques-
tion due to the payment in kind — Causal link)

(2006/C 281/47)

Language of the case: Italian

Parties

Applicant: CAS Succhi di Frutta SpA (Castagnaro, Italy) (repre-
sented by: G. Roberti, F. Sciaudone and A. Franchi, lawyers)

Judgment of the Court of First Instance of 13 September
2006 — British Aggregates v Commission

(Case T-210/02) (1)

(State aid — Environmental tax on aggregates in the United
Kingdom — Commission Decision not to raise objections —
Action for annulment — Admissibility — Person individually
concerned — Selective character — Obligation to state
adequate reasons — Diligent and impartial examination)

(2006/C 281/48)

Language of the case: English

Parties

Applicant: British Aggregates Association (Lanark, United
Kingdom) (represented by C. Pouncey, Solicitor, and L. Van
Den Hende, lawyer)

Defendant(s): Commission of the European Communities (repre-
sented by J. Flett and S. Meany, agents)

Interveners in support of the defendant: United Kingdom of Great
Britain and Northern Ireland (represented initially by P.
Ormond, and subsequently by T. Harris and R. Caudwell,
acting as Agents, assisted initially by J. Stratford and M. Hall,
Barristers, and subsequently by M. Hall)

Defendant: Commission of the European Communities (repre-
sented by: C. Cattabriga and L. Visaggio, Agents, and A. Dal
Ferro, lawyer)

Re:

Re:

Application for compensation for the damage allegedly caused
by Commission Decisions C (96) 1916 of 22 July 1996 and
C (96) 2208 of 6 September 1996, adopted in the context of
Commission Regulation (EC) No 228/96 of 7 February 1996
on the supply of fruit juice and fruit jams intended for the
people of Armenia and Azerbaijan (OJ 1996 L 30, p. 18).

Operative part of the judgment

The Court:

1. Dismisses the application;

Partial annulment of Commission Decision C (2002) 1478 final
of 24 April 2002 on State aid file N 863/01 — United
Kingdom/Aggregates Levy

Operative part of the judgment

The Court:

1. Dismisses the action;

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

Commission;

2. Orders the applicant to pay the costs.

3. Orders the intervener to bear its own costs

(1) OJ C 331, 24.11.2001.

(1) OJ C 219, 14.9.2002