CELEX: C1999/281/45
Language: en
Date: 1999-10-02 00:00:00
Title: Case T-168/99: Action brought on 13 July 1999 by Diputación Foral de Alava against the Commission of the European Communities

C 281/24                  EN                    Official Journal of the European Communities                                      2.10.1999
Action brought on 13 July 1999 by Diputación Foral de                     represented by Mark Brealey and Jonathan Lawrence, with an
Alava against the Commission of the European Communi-                      address for service in Luxembourg at the Chambers of Arendt
                                   ties                                    & Medernach, 8-10 rue Mathias Hardt.
                            (Case T-168/99)                                The applicant claims that the Court should:
                                                                           — annul the contested decision on the grounds set out in the
                            (1999/C 281/45)                                     application and;
                                                                           — order the Commission to pay the costs of the action,
                     (Language of the case: Spanish)                            including those of the applicant.
An action against the Commission of the European Communi-                  Pleas in law and main arguments
ties was brought before the Court of First Instance of the
European Communities on 13 July 1999 by Diputación Foral
de Alava, represented by Antonio Creus Carreras and Begoña                The applicant, a public limited company incorporated in
Uriarte Valiente, lawyers, with an address for service c/o                 England, has already raised similar issues in four applications
Cuatrecasas Abogados, 78 Avenue d’Auderghem, 1040 Brus-                    against the Commission, currently pending before the Court
sels.                                                                      of First Instance of the European Communities (1).
The applicant claims that the Court should:                                By the present application, the applicant submits that the
                                                                           Commission has purported to approve aid to be granted to
— annul the Commission Decision of 31 March 1999 in so                     the Spanish coal mining industry in 1999. According to the
     far as it initiates a State aid proceeding against the financial      applicant, the contested decision should be declared void in
     measures provided for in Normas Forales (regional regu-               whole or in part for the following reasons:
     lations) 22/1994 and 24/1996 and requires the Spanish
     State to suspend the payment of sums in pursuance thereof             — the Commission has no competence to approve the aid
     to the company Ramondı́n S.A.;                                             under Article 1(1) of the Code unless the aid complies with
                                                                                Articles 2 to 9 of the Code;
— order the Commission to pay all the costs.
                                                                           — the approval of State aid infringed an essential procedural
                                                                                requirement and/of infringed the ECSC Treaty and/or a
Pleas in law and main arguments                                                 rule of law relating to its application;
                                                                           — the Commission has failed properly or at all to provide in
By the present action, the applicant contests the decision of                   the contested decision the reasons for authorising the aid
the Commission by which it found that certain financial                         in several cases.
measures adopted in relation to Ramondı́n S.A. constitute
State aid incompatible with the common market.
                                                                           (1) See cases T-110/98 (OJ C 299 of 26/9/98, p. 38) ; T-111/98 (OJ
                                                                               C 299 of 26/9/98, p. 39) ; T-12/99 (OJ C 86 of 27/3/99, p. 25) ;
The pleas in law and main arguments are similar to those                       T-63/99 (OJ C 160 of 5/6/99, p. 26).
advanced in Case T-127/95 Territorio Histórico de Alava,
Arabako Foru Aldundia — Diputación Foral de Alava v
Commission.
                                                                           Action brought on 23 July 1999 by British Steel plc
                                                                             against the Commission of the European Communities
Action brought on 20 July 1999 by RJB Mining plc against
       the Commission of the European Communities                                                   (Case T-171/99)
                            (Case T-170/99)                                                         (1999/C 281/47)
                            (1999/C 281/46)                                                   (Language of the case: English)
                                                                           An action against the Commission of the European Communi-
                     (Language of the case: English)
                                                                           ties was brought before the Court of First Instance of the
                                                                           European Communities on 23 July 1999 by British Steel plc,
An action against the Commission of the European Communi-                  represented by Philip G.H. Collins and Matthew Levitt, with an
ties was brought before the Court of First Instance of the                 address for service in Luxembourg at the chambers of Marc
European Communities on 20 July 1999 by RJB Mining plc,                    Loesch, 11 Rue Goethe.