Case C-401/07: Action brought on 29 August 2007 — Commission of the European Communities v Kingdom of the Netherlands
Date: 2007-11-10
Institutions: Court of Justice
Subjects: European Commission, Netherlands, State aid, action for failure to fulfil an obligation, aid system, organic fertiliser

10.11.2007

EN

Official Journal of the European Union

C 269/33

Action brought on 29 August 2007 — Commission of the
European Communities v Kingdom of the Netherlands

(Case C-401/07)

(2007/C 269/56)

Language of the case: Dutch

does not undo the financial advantage that Fleuren has enjoyed
for years as a result of the fact that the defendant has paid aid
to Fleuren without
the Commission's approval, contrary to
Article 88(3) EC.

(1) OJ 2001 L 189, p. 13.
(2) OJ 1999 L 83, p. 1.

Parties

Applicant: Commission of the European Communities (repre-
sented by: H. van Vliet, acting as Agent)

Defendant: Kingdom of the Netherlands

Form of order sought

— Declare that, by failing to implement, with regard to Fleuren
Compost BV, Commission Decision 2001/521/EC of
13 December 2000 on the aid scheme implemented by the
the Netherlands for six manure-processing
Kingdom of
companies (1) within the period laid down therein,
the
Kingdom of the Netherlands has failed to fulfil its obliga-
tions under the fourth paragraph of Article 249 EC and
Articles 2 and 3 of that decision;

— order Kingdom of the Netherlands to pay the costs.

Pleas in law and main arguments

In Decision 2001/521 the Commission decided that
the
Netherlands should recover from Fleuren Compost BV (‘Fleuren’)
unlawful aid in the amount of EUR 487 328,13, plus interest.
At the time when the application was lodged in this case, the
resultant sum had not yet been repaid. So far, Fleuren has
merely provided a bank guarantee for the sum. The applicant
submits that this is contrary to Article 13(3) of Council Regu-
lation (EC) No 659/1999 of 22 March 1999 laying down
detailed rules
the
EC Treaty (2), which provides for immediate and effective execu-
tion of the Commission's decision. Moreover, by judgment of
14 January 2004 the Court of First Instance dismissed Fleuren's
action against the decision (Case T-109/01) and Fleuren has not
appealed against that judgment.

the application of Article 93 of

for

execution

unnecessarily

The applicant submits, inter alia, that the Netherlands legislation
in question, as interpreted by the Netherlands Raad van State,
makes
time
consuming. According to that interpretation, the principal sum
is to be recovered in an administrative proceedings but interest
is to be recovered in civil proceedings. The applicant submits
also that the provision of a bank guarantee cannot be compared
to the actual repayment of the amount of aid. A bank guarantee

complicated

and

Appeal brought on 3 September 2007 by the Kingdom of
the Netherlands against the judgment delivered by the
Court of First Instance (Fourth Chamber) on 27 June 2007
the Netherlands v
in Case T-182/06 Kingdom of

Commission of the European Communities

(Case C-405/07 P)

(2007/C 269/57)

Language of the case: Dutch

Parties

Appellant: Kingdom of the Netherlands (represented by: D.J.M.
de Grave and C.M. Wissels, Agents)

Other party to the proceedings: Commission of
Communities

the European

Form of order sought

— Set aside the judgment under appeal;

— Refer the case back to the Court of First Instance in order

that it may rule on the other pleas in law;

— Order the Commission to pay the costs of the proceedings.

Pleas in law and main arguments

The appellant puts forward two pleas in support of its appeal.

By its first plea, the appellant submits that the Court of First
Instance misconstrued the duty of care and the duty to give
reasons pursuant to Article 253 EC in ruling that the Commis-
sion had not breached those duties in the case where relevant
information supplied by the Member State concerned prior to
the contested decision (1) was, without specific reasons, left out
of account in that decision.