CELEX: C1996/095/06
Language: en
Date: 1996-03-30 00:00:00
Title: ORDER OF THE COURT of 2 February 1996 in Case C-257/95 (reference for a preliminary ruling from the Tribunal Administratif, Clermont-Ferrand (France) Gérard Bresle v. Préfet de la Région Auvergne and Préfet du Puy-de-Dôme (Reference for a preliminary ruling - Inadmissibility)

No C 95/4               EN                  Official Journal of the European Communities                                    30 . 3 . 96
                  ORDER OF THE COURT                                   Pleas in law and main arguments adduced in support:
                        of 2 February 1996
                                                                       — Infringement of essential procedural requirements, first
in Case C-257/95 ( reference for a preliminary ruling from                paragraph of Article 33 of the ECSC Treaty:
the Tribunal Administratif, Clermont-Ferrand ( France )
Gérard Bresle v. Préfet de la Région Auvergne and Préfet du               — inaccurate, incomplete finding of the facts on which
                          Puy-de-Dôme ( 1 )                                   the Commission's decision is based,
   (Reference for a preliminary ruling — Inadmissibility)
                                                                          — infringement of the duty to state reasons and of the
                              96/C 95/06 )                                    principle audi alteram partem :
                (Language of the case: French)                                — the Commission has not dealt with the argument
                                                                                  put forward in the alternative by the Federal
(Provisional translation; the definitive translation will be                      Government to the effect that the closure of
         published in the European Court Reports)                                 capacity undertaken by the purchaser of the
                                                                                  privatized undertaking justified the aid of the
In Case C-257/95 : reference to the Court under Article 177
                                                                                  amount declared according to the practice
of the EC Treaty from the Tribunal Administratif                                  adopted by the Commission ( see 1993 Report on
( Administrative Court ), Clermont-Ferrand (France ) for a                        Competition Policy ),
preliminary ruling in the proceedings pending before that
court between Gerard Bresle and Préfet de la Region                           — the Commission did not deal with the essential
Auvergne and Préfet du Puy-de-Dome — on the                                       arguments put forward by the applicant with
interpretation of Article 95 of the EC Treaty — the Court,                        regard to the commercial considerations
composed of: G. C. Rodriguez Iglesias, President, C. N.                           connected with the loan decision of December
Kakouris, D. A. O. Edward, J. -P. Puissochet and G. Hirsch                         1993 ,
(Presidents of Chambers ), G. F. Mancini, F. A.
Schockweiler, J. C. Moitinho de Almeida, P. J. G. Kapteyn,                    — the Commission omitted to examine to what
C. Gulmann, J. L. Murray, P. Jann, H. Ragnemalm, L. Sevón                         extent a bank acting in the private sector, and not
and M. Wathelet ( Rapporteur ), Judgess; G. Cosmas,                               in a position akin to a shareholder, would have
Advocate-General ; R. Grass, Registrar, made an order on                          acted in the actual situation obtaining in
2 February 1996 , the operative part of which is a                                December 1993 . The assumption that no private
follows :                                                                         bank would have granted a loan replacing capital
                                                                                  does not in any event constitute sufficient reason
The reference for a preliminary ruling submitted by the                           for refraining from discussing other financing
Tribunal Administratif de Clermont-Ferrand by judgment                            possibilities,
of 27 June 1995 is inadmissible.
                                                                      — infringement of the substantive law on aid ( Article 4 ( c )
(') OJ C 248 , 23 . 9 . 1995 .                                            of the ECSC Treaty and Article 1 ( 2 ) of Commission
                                                                          Decision 3855/91 /ECSC — the Steel Aid ( Code ):
                                                                          — Article 1 of the contested decision wrongly describes
                                                                              the loan of DM 20 million granted in 1984 by
Action brought on 22 December 1995 by the Federal                             Hamburgische Landesbank Girozentrale ( HLB ) on
Republic of Germany against the Commission of the                             behalf of Hamburg to the shareholders of the
                    European Communities                                      successor company in order to raise the share capital
                          Case C-404/95                                       of the Neue Hamburger Stahlwerke Gmbh ( HSW ) as
                            ( 96/C 95/07 )                                    a subsidy within the meaning of Article 4 (c ) of the
                                                                              ECSC Treaty. Given the state of knowledge at the
An action against the Commission of the European                              material time, the City of Hamburg had a substantial
Communities was brought before the Court of Justice of the                    financial interest in the undertaking's continuing in
European Communities on 22 December 1995 by the                               being through a successor company, the actual
Federal Republic of Germany, represented by Ernst Röder,                      course of events confirmed this assessment,
Ministerialrat in the Federal Ministry for Economic Affairs,
D-53107 Bonn, Michael Schütte, Rechtsanwalt at the                            Even if the Commission regards the DM 20 million
Kammergericht Berlin, 99— 10 Rue de la Loi, B-1040                            loan as an aid authorized in 1984/85 , the applicant,
                                                                              as a Member State, is entitled to contest the
Brussels, and Wolfgang Mueller-Stöfen, Rechtsanwalt at the
Oberlandesgericht Hamburg.                                                    erroneous interpretation of the concept of aid by an
                                                                              action for annulment pursuant to Article 33 ( 1 ) of
The applicant claims that the Court should:                                   the ECSC Treaty,
1 . annul Commission Decision C(95 ) 2754 final of                        — the Commission wrongly regards the DM 20 million
     31 October 1995 on aid from the Freie and Hansestadt                     increase in December 1992 in the credit line made
    Hamburg to the ECSC steel undertaking Hamburger                           available to HSW by HLB — under a credit contract
    Stahlwerke Gmbh;                                                          subscribed by the City of Hamburg — as an aid
                                                                              within the meaning of Article 4 ( c ) of the ECSC
2 . order the Commission to pay the costs .                                   Treaty: in the circumstances prevailing at the