CELEX: C2002/044/36
Language: en
Date: 2002-02-16 00:00:00
Title: Case T-290/01: Action brought on 28 November 2001 by the Land Brandenburg against the Commission of the European Communities

16.2.2002               EN                    Official Journal of the European Communities                                             C 44/19
The applicant argues that, by imposing the condition in                  Pleas in law and main arguments
Article 3(a) of the decision, the defendant has applied
Article 81(3) EC incorrectly inter alia in that the condition is
not objectively necessary as the use of the collection and               The applicant is challenging a demand for repayment of
sorting facilities is in no way indispensable for the activities of      Community grants totalling EUR 464 329,22 made by the
competitors. Moreover, the condition, which is dispro-                   Commission in the contested debit note.
portionate, entails an encroachment on the specific subject
matter of the applicant’s trade mark and distortion of compe-            The applicant and the Community concluded, within the
tition to the detriment of the applicant.                                framework of the LIFE project (1), a contract relating to the
                                                                         planned ‘Ecological revitalisation of the Brandenburgische
                                                                         Elbtalaue’: preparatory planning and Gnevsdorfer Werder sub-
The applicant argues, further, that, by imposing the condition           project’. The Commission undertook to participate by making
in Article 3(a), the defendant has applied Article 86(2) EC              a contribution of 50 % of the actual cost, but not exceeding
incorrectly, since the applicant, which is entrusted with a              ECU 1,5 million. The project thus promoted, which was
service of general interest, can no longer operate its country-          designed to prepare the reinstatement of the embankment
wide system under economically viable conditions and make                between the municipalities of Lenzen and Wustrow, was
the necessary adjustments between profitable and less profit-            finished in 1998. Shortly before the end of the project, it
able sectors.                                                            became apparent that it would not be possible to reinstate the
                                                                         embankment as extensively as had been planned.
Moreover, by imposing the condition in Article 3(b) the
defendant has applied Article 86(2) EC incorrectly. Finally, the         In February 2001 the Commission gave notice that, in its view,
defendant, by seeking the commitment of 25 September 1998                the applicant, in carrying out the project, had partly deviated
(recital 72), has breached the fundamental right to freedom of           from the contract and that, since the applicant had reduced
access to justice.                                                       the surface area of the project, the Commission was only able
                                                                         to co-finance the work done in the reduced area. By the
                                                                         contested decision, the Commission called upon the applicant
(1) OJ C 100, p. 4.                                                      to repay to it EUR 464 329,33.
(2) Case T-151/01 Der Grüne Punkt — Duales System Deutschland
    AG v Commission OJ 2001 C 289, p. 6.
                                                                         The applicant asserts that the Community is not entitled to
                                                                         demand the repayment at issue by means of a Commission
                                                                         decision; instead, it is obliged to have recourse to law
                                                                         before the national courts. In addition, it maintains that the
                                                                         Commission has failed to comply with its obligation to provide
                                                                         a statement of reasons and has violated the applicant’s rights
                                                                         of defence. Finally, the Commission has infringed the principle
Action brought on 28 November 2001 by the Land                           of proportionality.
Brandenburg against the Commission of the European
                            Communities
                                                                         (1) Council Regulation (EEC) No 1973/92 of 21 May 1992 estab-
                                                                             lishing a financial instrument for the environment (LIFE) (OJ 1992
                          (Case T-290/01)                                    L 206, p. 1), as amended by Regulation (EC) No 1404/96 of
                                                                             15.7.1996 (OJ 1996 L 181, p. 1).
                           (2002/C 44/36)
                   (Language of the case: German)
                                                                         Action brought on 30 November 2001 by Dessauer
An action against the Commission of the European Communi-                Versorgungs- und Verkehrsgesellschaft mbH — DVV —
ties was brought before the Court of First Instance of the               Stadtwerke and four other undertakings against the
European Communities on 28 November 2001 by the Land                               Commission of the European Communities
Brandenburg (Germany), represented by G. Schohe and T. Mas-
ing, lawyers, with an address for service in Luxembourg.                                             (Case T-291/01)
                                                                                                      (2002/C 44/37)
The applicant claims that the Court should:
—     annul the decision contained in the Commission’s debit                                 (Language of the case: German)
      note No 3240305411 of 13.9.2001 addressed to the
      applicant, relating to project No LIFE94/D/
      A211/00029/BND re Contract No B4-3200/94/730;                      An action against the Commission of the European Communi-
                                                                         ties was brought before the Court of First Instance of the
—     order the defendant to pay the costs.                              European Communities on 30 November 2001 by Dessauer