CELEX: C1997/131/44
Language: en
Date: 1997-04-26 00:00:00
Title: Action brought on 3 February 1997 by AEVP - Associação das Empresas de Vinho do Porto against the Commission of the European Communities (Case T-23/97)

No C 131 /18            EN                   Official Journal of the European Communities                                  26 . 4 . 97
    vertically integrated, the Commission made a manifest               complaint it lodged, of the adoption and implementation,
    error in its assessment of the relevant facts and its               in France, of aid measures for French producers of liqueur
    application of the law.                                             wines, such measures having been taken by the
                                                                        Government without the duty to notify having been
    This error constitutes an infringement of Articles 2,               complied with.
    3 ( 3 ), 8 ( 3 ), 22 ( 3 ) and 22 (4 ) of Merger Regulation
    and Article 190 of the EC Treaty.                                   Those measures involve the allocation of subsidies in
                                                                        1994, 1995 , 1996 and 1997 of FF 24 million, FF 28
                                                                        million, FF 32 million and FF 37 million respectively.
                                                                        The applicant points out in particular that, following the
Action brought on 3 February 1997 by AEVP — Associa­                    complaint lodged by the AEVP, the Commission should,
gao das Empresas de Vinho do Porto against the                          within two months, or within a reasonable time, have
          Commission of the European Communities                        adopted one of two decisions: either to approve the
                                                                        measures in issue, in the event that it had been
                            Case T-23/97)
                                                                        immediately certain that such measures are compatible
                            ( 97/C 131/44 )                             with the common market, after giving the French
                                                                        authorities the opportunity to submit their comments and
              (Language of the case: Portuguese)                        possibly subsequently having discussed the matter with
                                                                        AEVP, if necessary in order to clarify completely the status
                                                                        of the measures in issue; or to initiate the review
An action against the Commission of the European                        procedure provided for in Article 93 ( 2 ) in the event that
Communities was brought before the Court of First                       it cannot, on the basis of a mere preliminary analysis,
Instance of the European Communities on 3 February                      consider the measures in question compatible with the
1997 by AEVP — Associagao das Empresas de Vinho do                      common market.
Porto, whose registered office is at 413 Rua Barao de For­
rester, 4400 Vila Nova de Gaia, represented by Carlos Bo­
telho Moniz and Ana Santos Reis, of the Bar of Portugal,                The Commission did neither the one nor the other and has
with an address for service in Luxembourg at the                        been analysing the situation at a preliminary level for
Chambers of Aloyse May, 31 Grand-Rue, Luxembourg.                       almost two years . The applicant insists that, whatever
                                                                        criterion is deemed applicable, the period for a
The applicant claims that the Court should:                             preliminary assessment expired a long time ago without
                                                                        the Commission having adopted a position in accordance
                                                                        with the Treaty.
— find and declare that the Commission of the European
     Communities, the defendant, failed, contrary to the
    provisions of Articles 92 and 93 and in breach of the               The fact that the Commission has not adopted a position
     principles of legality, care and impartiality, in its duty         at the preliminary stage impairs the rights of the
    to take a decision on whether to initiate the procedure             applicant, which is prevented from obtaining judicial
     provided for in Article 93 (2 ) as requested by the                protection under Community law in order to protect its
     applicant by way of complaint No 95/4342 SG(95 ) A/                legitimate interests .
     5925/2 with regard to the aid granted by the French
     Government to domestic liqueur wine producers,
                                                                        The applicant points out the fact that such action by the
— order the Commission to pay all the costs.                             Commission is necessary particularly since national courts
                                                                        do not have jurisdiction to decide whether the aid is
                                                                        compatible with the common market, since that power is
Pleas in law and main arguments adduced in support:                      conferred by the Treaty exclusively to the Commission.
The applicant brought an action for a declaration that the
 Commission, disregarding the provisions of Articles 92                  Thus, national courts must restrict themselves to ensuring
 and 93 of the EC Treaty, failed to fulfil its obligation to             the effectiveness of the prohibition until the Commission
 adopt an act defining its position on the complaint lodged              takes a final decision .
 with it by the applicant on 24 March 1995 , No 95/4342
 SG(95 ) A/5925 , denouncing a system of financial
 compensation set up by the Government of the French                     It is evident from this system that the Commission has the
 Republic for the benefit of French producers of liqueur                 obligation to take a decision as to the compatibility with
                                                                         the common market of aid measures which have not been
 wines, with the aim of nullifying the difference between
 the charge payable for that category of wine and natural                notified but of which it has meanwhile been apprised, in
 sweet wines in the context of the special consumption                   particular where it has been informed of their existence by
 duties .                                                                means of a complaint submitted by competitors of the
                                                                         beneficiaries of the aid granted.
 The applicant asserts in this regard that, in the instant
 case, the Commission was informed, by way of the