Case T-166/01: Judgment of the Court of First Instance of 19 September 2006 — Lucchini SpA v Commission of the European Communities (ECSC — State aid — Environmental aid — Aid by Italy in favour of the Lucchini steel company — Refusal to authorise the proposed aid — Applicable legal framework — Eligibility of the notified investments as aid for environmental protection — Conditions governing the compatibility of aid with the common market — Statement of reasons)
Date: 2006-11-18
Institutions: Court of First Instance
Subjects: European Commission, Italy, State aid, action for annulment (EU), control of State aid, iron and steel industry

C 281/28

EN

Official Journal of the European Union

18.11.2006

COURT OF FIRST INSTANCE

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

2. Orders the applicant to pay the costs.

(Joined Cases T-217/99, T-321/00 and T-222/01) (1)

(1) OJ C 333, 20.11.1999.

(Sugar — Poseima Programme — Regulation (EEC) No
1600/92 — Sugar forecast supply balance for the Azores —
Action for annulment — Admissibility — Definition of
traditional shipment to the rest of the Community — State-
ment of reasons — Compliance with essential procedural
requirements)

(2006/C 281/45)

Language of the case: Portuguese

Parties

Applicant: Sociedade de Indústrias Agrícolas Açoreanas (Sinaga)
SA (Ponta Delgada, Portugal)
(represented by: M. Marques
Mendes, lawyer)

Defendant: Commission of the European Communities (repre-
sented by: in Case T-217/99, initially A. Alves Vieira and P.
Oliver, then G. Berscheid, Agents, assisted by F. Costa Leite,
lawyer, and in Cases T-221/01 and T-321/00, initially A. Alves
Vieira and G. Berscheid, and then by G. Berscheid, assisted initi-
lawyer, and then F. Costa Leite,
ally by N. Castro Marques,
lawyer)

Re:

Annulment, firstly, of the annex to Commission Regulation
(EC) No 1434/1999 of 30 June 1999 establishing the sugar
forecast supply balance for the 1999/2000 marketing year for
the Azores, Madeira and the Canary Islands provided for in
Council Regulations (EEC) No 1600/92 and (EEC) No 1601/92
(OJ 1999 L 166, p. 58); secondly, of Commission Regulation
(EC) No 1481/2000 of 6 July 2000 establishing the sugar fore-
cast supply balance for 2000/01 for the Azores, Madeira and
the Canary Islands provided for in Council Regulations No
1600/92 and No 1601/92 (OJ 2000 L 167, p. 6) and also of
the annex thereto and, thirdly, of the annex to Commission
Regulation (EC) No 1281/2001 of 28 June 2001 establishing
the forecast supply balance for sugar for the Azores, Madeira
and the Canary Islands provided for in Council Regulations No
1600/92 and No 1601/92 for the period 1 July 2001 to 31
December 2001 (OJ 2001 L 176, p. 12) inasmuch as they set
the quantities of sugar considered necessary for supplying the
Azores

Operative part of the judgment

The Court:

1. Dismisses the application;

Judgment of the Court of First Instance of 19 September
2006 — Lucchini SpA v Commission of the European
Communities

(Case T-166/01) (1)

(ECSC — State aid — Environmental aid — Aid by Italy in
favour of the Lucchini steel company — Refusal to authorise
the proposed aid — Applicable legal framework — Eligibility
of the notified investments as aid for environmental protec-
tion — Conditions governing the compatibility of aid with
the common market — Statement of reasons)

(2006/C 281/46)

Language of the case: Italian

Parties

Applicant: Lucchini SpA Brescia (Italy),
Vezzoli and G. Belotti, lawyers)

represented by G.

Defendant: Commission of the European Communities (repre-
sented by V. Kreuschitz and V. Di Bucci, acting as Agents)

Re:

1

of

of Article

Annulment
Commission Decision
2001/466/ECSC of 21 December 2000, in so far as it declares
the State aid which Italy was planning to implement for the
steel company Lucchini SpA amounting to ITL 13,5 thousand
to be incompatible with the
million (EUR 6,98 million)
common market (OJ 2001 L 163, p. 24)

Operative part of the judgment

The Court:

1. Annuls Article 1 of Commission Decision 2001/466/ECSC of
21 December 2000 on the State aid which Italy is planning to
implement in favour of the steel companies Lucchini SpA and
Siderpotenza SpA in so far as it includes, in the amount of the
State aid granted to Lucchini SpA and declared incompatible with
ITL 2,7 thousand million
the sums of
the common market,
ITL 1,38 thousand million
and
(EUR 1,396 million)
(EUR 713 550) which correspond to the environmental
invest-
ments notified by the Italian authorities for the coking plant and
the water and sewerage networks respectively;

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