CELEX: C1996/016/33
Language: en
Date: 1996-01-20 00:00:00
Title: ORDER OF THE PRESIDENT OF THE COURT OF FIRST INSTANCE of 7 November 1995 in Case T-168/95 R: Eridania Zuccherifici Nazionali SpA and Others v. Council of the European Union

No C 16/ 14            EN                  Official Journal of the European Communities                                    20 . 1 . 96
1 , the application is dismissed as inadmissible;                            ORDER OF THE COURT OF FIRST INSTANCE
                                                                                            of 13 November 1995
2, there is no need to rule on the application to                     in Case T-128/95 : Aéroports de Paris v. Commission of the
     intervene;                                                                            European Communities (*)
                                                                      (Refusal by the Commission to initiate Treaty infringement
3 , the applicant is ordered to bear its own costs and to pay         proceedings — Action for annulment — Action for
     the costs of the Commission. The Hellenic Republic is                       declaration of failure to act — Inadmissible)
     ordered to bear the costs incurred by it in connection                                         ( 96/C 16/32 )
     with the submission of its application to intervene.
                                                                                        (Language of the case: French)
(!) OJ No C 208 , 12 . 8 . 1995 .
                                                                      In Case T-128/95 : Aéroports de Paris, established in Paris,
                                                                      represented by Hugues Calvet, of the Paris Bar, with an
                                                                      address for service in Luxembourg at the Chambers of
                                                                      Aloyse May, 31 Grand-Rue, v. Commission of the
                                                                      European Communities ( Agent: Henrik van Lier ) —
                                                                      application, primarily, for annulment of the decision of the
     ORDER OF THE COURT OF FIRST INSTANCE                             Commission of 29 March 1995 not to initiate proceedings
                     of 13 November 1995                              against the Hellenic Republic for infringement of
                                                                      Community law with respect to the award of the public
    in Case T-127/95 : Société auxiliaire d'entreprises v.            contract for the new Athens airport on the Spata site,
        Commission of the European Communities ( J )                  alternatively, for a declaration that the Commission has
(Refusal by the Commission to initiate Treaty infringement            failed to act — the Court of First Instance (Third Chamber),
proceedings — Action for annulment — Action for                       composed of C.P. Briët, President, and B. Vesterdorf and A.
         declaration of failure to act — Inadmissible)                Potocki, Judges; H. Jung, Registrar, made an order on
                            { 96/C 16/31 )                             13 November 1 995 , the operative part of which is as
                                                                      follows :
                 (Language of the case: French)                        1 , the application is dismissed as inadmissible;
In Case T-127/95 : Société auxiliaire d'entreprises,                  2 , there is no need to rule on the application to
established at Issy-les-Molineaux ( France ), represented by                 intervene;
Alexandre Carnelutti, of the Paris Bar, v. Commission of the
European Communities ( Agent: Henrik van Lier ) —
application, primarily, for the annulment of the decision of          3 , the applicant is ordered to bear its own costs and to pay
the Commission of 29 March 1995 not to initiate                              the costs of the Commission. The Hellenic Republic is
proceedings against the Hellenic Republic for infringement                   ordered to bear the costs incurred by it in connection
of Community law with respect to the award of the public                     with the submission of its application to intervene.
contract for the new Athens airport on the Spata site,
alternatively, for a declaration that the Commission has               f 1 ) OJ No C 208 , 12 . 8 . 1995 .
failed to act — the Court of First Instance (Third Chamber ),
composed of C.P. Briët, President, and B. Vesterdorf and A.
Potocki, Judges; H. Jung, Registrar, made an order on
 13 November 1995 , the operative part of which is as
follows :
                                                                                       ORDER OF THE PRESIDENT
 1 , the application is dismissed as inadmissible;                                OF THE COURT OF FIRST INSTANCE
                                                                                             of 7 November 1995
2 , there is no need to rule on the application to                     in Case T-168/95 R: Eridania Zuccherifici Nazionali SpA
      intervene;                                                                and Others v. Council of the European Union
                                                                                                      96/C 16/33 )
 3 , the applicant is ordered to bear its own costs and to pay
      the costs of the Commission. The Hellenic Republic is                              (Language of the case: Italian)
      ordered to bear the costs incurred by it in connection
      with the submission of its application to intervene.             In Case T- 1 68/95 R: Eridania Zuccherifici Nazionali SpA,
                                                                       established in Genoa ( Italy ), Industria Saccarifera Italiana
 (') OJ No C 208 , 12 . 8 . 1995 .                                     Agroindustriale SpA (ISI ), established in Padua (Italy ),
                                                                        Sadam Zuccherifici, established in Bologna ( Italy ), Sadam
                                                                        Castiglionese SpA, established in Bologna, Sadam Abruzzo
                                                                        SpA, established in Bologna, Zuccherificio del Molise SpA,
 ---pagebreak--- 20 . 1 . 96            EN                 Official Journal of the European Communities                                    No C 16/ 15
established in Termoli ( Italy), Societâ Fondiaria Industriale       Pursuant to Article 92 ( 3 ) of the Treaty, the Commission
Romagnola SpA ( SFIR ), established in Cesena ( Italy),              made the authorization of that aid subject to a number of
Ponteco Zuccheri SpA, established in Pontelagoscuro                  conditions, some entailing specific legal obligations of a
( Italy ), represented by Bernard O'Connor, Solicitor, and by        highly restrictive nature, with which the applicant must
Ivano Vigliotti and Paolo Crocetta, of the Genoa Bar, with           comply. In particular, the applicant is required to:
an address for service in Luxembourg at the Chambers of
Arsène Kronshagen, 12 Boulevard de la Foire, against the
Council of the European Union ( Agents : Jan-Peter Hix and           — reduce Iritecna's liquidation debts by selling all its assets
Marco-Umberto Moricca ) — application for suspension of                  to (private ) third parties and assigning the proceeds to
the operation of Article 1 ( f) of Council Regulation ( EC )             cover those debts,
No 1534/95 of 29 June 1995 fixing, for the 1995/96
marketing year, the derived intervention prices for white            — assign the entire proceeds of that sale, to be set off
sugar, the intervention price for raw sugar, the minimum                 against Iritecna's debts, even if those proceeds exceed the
prices for A and B beet, and the amount of compensation for              amount forecast in the decision; the Commission
storage costs ( OJ No L 148 , p . 11 ) — the President of the            estimated that the privatization of Fintecna might raise
Court of First Instance made an order on 7 November 1995 ,
                                                                         Lit 1 653 billion, matching the price paid by Fintecna for
the operative part of which is as follows:                               the Iritecna shares .
1 . the application for the adoption of interim measures is
      dismissed:                                                     The applicant claims, first, that the Commission cannot
                                                                     require it to reduce the aid deriving from Iritecna's
2 , the costs are reserved.                                          liquidation by selling all its assets to private third parties and
                                                                     setting the proceeds against Iritecna's debts. The applicant
                                                                     maintains that the aid in question was directly
                                                                     proportionate to the liquidation and restructuring effected
                                                                     and could therefore be authorized in accordance with the
                                                                     criteria laid down by the Commission itself concerning State
                                                                     aids for the restructuring of undertakings .
Action brought on 16 October 1995 by Fintecna SpA
   against the Commission of the European Communities
                        ( Case T-193/95                              Secondly, the applicant submits that, even assuming that it
                                                                     was under an obligation to help reduce Iritecna's debts, the
                           ( 96/C 16/34 )
                                                                     Commission has made its performance of that obligation
                                                                     subject to conditions which are excessively restrictive and
                  (Language of the case: Italian)                    totally unjustified.
                                   %
An action against the Commission of the European
Communities was brought before the Court of First                    As regards the need to prevent the distortion of competition,
Instance of the European Communities on 16 October 1995              the applicant points out that the sacrifices made in terms of
by Fintecna SpA, whose registered office is in Rome (Italy),         reducing the group's economic capacity more than qualify
represented by Professor Antonio Tizzano and Gian                    for the aid in question. Furthermore, that aid merely covered
Michele Roberti, both of the Naples Bar, with an address for         the costs directly connected with the restructuring and
service in Brussels at the Chambers of Professor Tizzano,            liquidation of Iritecna , and did not finance any other
36 Place du Grand Sablon .                                           intervention liable to distort competition.
The applicant claims that the Court should :                         Nor can it be contended that the contested conditions are
— annul Article 1 (4 ) of the contested Decision,
                                                                     justifiable in view of the fact that the undertaking's property
                                                                     is publicly, not privately, owned. That would be contrary to
                                                                     the principle of equal treatment of private and public
— order the Commission to pay the costs.                             undertakings laid down by Articles 222 and 90 of the
                                                                     Treaty.
Pleas in law and main arguments adduced in support:
The applicant, a company in which the IRI has a 100%                 Lastly, the applicant asserts that, in the present case, the
controlling interest and to which the assets of Iritecna ( an        Commission should merely have verified that, of all the
IRI subholding, subsequently placed in liquidation), which           various possible options, the plan drawn up by the holding
were either economically viable or potentially such if               company ( IRI ) constituted the most reasonable choice from
removed from Iritecna during its restructuring, were                 the financial point of view.
transferred for Lit 1 653 billion, seeks the partial annulment
of the Commission's Decision of 7 June 1995 concerning aid
of approximately ECU 2 116 million granted to Iritecna by
the Italian State .