CELEX: C2002/156/29
Language: en
Date: 2002-06-29 00:00:00
Title: Judgment of the Court of First Instance of 6 March 2002 in Joined Cases T-127/99, T-129/99 and T-148/99: Territorio Histórico de Álava — Diputación Foral de Álava and Others v Commission of the European Communities (State aid — Concept of State aid — Tax measures — Selective nature — Justification owing to the nature or scheme of the tax system — Compatibility of the aid with the common market)

C 156/16              EN                     Official Journal of the European Communities                                            29.6.2002
   JUDGMENT OF THE COURT OF FIRST INSTANCE                              4.    In Cases T-129/99 and T-148/99, Article 1(c) of Decision
                                                                              1999/718 is annulled in so far as it excludes the plant valued
                                                                              at EUR 1 803 036,31 from the eligible costs covered by the
                        of 6 March 2002                                       Ekimen aid scheme.
in Joined Cases T-127/99, T-129/99 and T-148/99: Territo-               5.    In Cases T-127/99 and T-148/99, Article 1(e) of Decision
rio Histórico de Álava — Diputación Foral de Álava and                    1999/718 is annulled.
  Others v Commission of the European Communities (1)
                                                                        6.    In Cases T-129/99 and T-148/99, Article 2(1)(a) of Decision
                                                                              1999/718 is annulled in so far as it refers to Article 1(a) and
(State aid — Concept of State aid — Tax measures —                            (b) of that decision and in so far as it instructs the Kingdom of
Selective nature — Justification owing to the nature or                       Spain to recover from Demesa aid relating to the annulled part
scheme of the tax system — Compatibility of the aid with                      of Article 1(c) of that decision.
                      the common market)
                                                                        7.    In Cases T-127/99 and T-148/99, Article 2(1)(b) of Decision
                                                                              1999/718 is annulled in so far as it refers to Article 1(e) of
                        (2002/C 156/29)                                       that decision.
                  (Language of the case: Spanish)                       8.    The actions are dismissed as to the remainder.
                                                                        9.    Each party is ordered to pay its own costs.
In Joines Cases T-127/99, Territorio Histórico de Álava —
Diputación Foral de Álava and Others, represented by A. Creus
                                                                        (1) OJ C 226 of 7.8.1999 and C 299 of 16.10.1999.
Carreras and B. Uriarte Valiente, lawyers, T-129/99, Comu-
nidad Autónoma del Paı́s Vasco, Gasteizko Industria Lurra, SA,
established in Vitoria (Spain), represented by F. Pombo Garcı́a,
E. Garayar Gutiérrez and J. Alonso Berberena, lawyers, with an
address for service in Luxembourg, and T-148/99 Daewoo
Electronics Manufacturing España, SA, established in Vitoria,
represented by A. Creus Carreras and B. Uriarte Valiente,
lawyers, against Commission of the European Communities
(Agents: F. Santaolalla, G. Rozet and G. Valero Jordana)                    JUDGMENT OF THE COURT OF FIRST INSTANCE
supported by Asociación Nacional de Fabricantes de Electrodo-
mésticos de Lı́nea Blanca (ANFEL), having its registered office
in Madrid (Spain), represented by M. Muñiz and M. Cortés                                          of 6 March 2002
Muleiro, lawyers, with an address for service in Luxembourg,
and by Conseil européen de la construction d’appareils domes-
                                                                        in Case T-168/99 Territorio Histórico de Àlava — Diputa-
tiques (CECED), represented by A. González Martı́nez, lawyer,
                                                                        ción Foral de Àlava v Commission of the European
with an address for service in Luxembourg — application                                            Communities (1)
for annulment of Commission Decision 1999/718/EC of
24 February 1999 concerning State aid granted by Spain to
Daewoo Electronics Manufacturing España SA (Demesa) (OJ                (State aid — Decision to initiate the procedure under
1999 L 292, p. 1) — the Court of First Instance (Third                    Article 88(2) — Order to suspend payment of alleged aid)
Chamber, Extended Composition), composed of J. Azizi,
President of the Chamber, K. Lenaerts, V. Tiili, R.M. Moura
Ramos and M. Jaeger, Judges; J. Plingers, Administrator, for the                                   (2002/C 156/30)
Registrar, has given a judgment on 6 March 2002, the
operative part of which is as follows:                                                      (Language of the case: Spanish)
1.   In Case T-129/99, the action is inadmissible in so far as it
     seeks the annulment of Article 1(d) and (e) of Commission
     Decision 1999/718/EC of 24 February 1999 concerning                In Case T-168/99 Territorio Histórico de Àlava — Diputación
     State aid granted by Spain to Daewoo Electronics Manufactur-       Foral de Àlava, represented by A. Creus Carreras, lawyer, v
     ing España SA (Demesa) and of Article 2(1)(b) thereof.            Commission of the European Communities (Agents: F. Santaol-
                                                                        alla, G. Rozet and G. Valero Jordana) — application for
                                                                        annulment of the Commission Decision of 31 March 1999
2.   In Cases T-129/99 and T-148/99, Article 1(a) of Decision           initiating the procedure under Article 88(2) EC in respect of
     1999/718 is annulled.                                              the aid granted by the Spanish authorities to Ramondı́n SA
                                                                        and Ramondı́n Cápsulas SA, on the one hand, and requiring
3.   In Cases T-129/99 and T-148/99, Article 1(b) of Decision           the Spanish authorities to suspend payment of that aid, on the
     1999/718 is annulled.                                              other (OJ 1999 C 194, p. 18) — the Court of First Instance