CELEX: C2000/047/51
Language: en
Date: 2000-02-19 00:00:00
Title: Case T-269/99: Action brought on 3 November 1999 by Territorio Histórico de Gipuzkoa and Gipuzkoako Foru Aldundia — Diputación Foral de Gipuzkoa against Commission of the European Communities

19.2.2000              EN                    Official Journal of the European Communities                                       C 47/29
repealing Regulation (EEC) No 1189/93 and terminating the               Action brought on 14 October 1999 by Direcks Service
proceeding in respect of such imports originating in the                Station Bocholtz B.V. against the Commission of the
Republic of Croatia (OJ 1997 L 322, p. 1), to the extent to                                  European Communities
which that regulation affects the applicants — the Court
of First Instance (Second Chamber, Extended Composition),                                        (Case T-236/99)
composed of: A. Potocki, President, K. Lenaerts, C.W. Bellamy,
J. Azizi and A.W.H. Meij, Judges; B. Pastor, Principal Adminis-
                                                                                                  (2000/C 47/50)
trator, for the Registrar, has given a judgment on 15 December
1999, in which it:
                                                                                            (Language of the case: Dutch)
1. Dismisses the application;
2. Orders the applicants to pay the costs;                              An action against the Commission of the European Communi-
                                                                        ties was brought before the Court of First Instance of the
3. Orders the Commission to bear its own costs.                         European Communities on 14 October 1999 by Direcks
                                                                        Service Station Bocholtz B.V., of Bocholtz (Netherlands),
                                                                        represented by T.J.M. Oostdijk, of the Maastricht Bar.
(1) OJ No C 113 of 11.4.98.
                                                                        The applicant claims that the Court should:
                                                                        — annul the Commission’s decision (C(1999) 2539 final) (1)
                                                                             of 20 July 1999 concerning State aid granted by the
                                                                             Netherlands to 633 service stations in the region bordering
                                                                             Germany, and order that, as regards the applicant, no
Action brought on 14 October 1999 by Garage Bernsteyn                        demand for repayment should be made, or at any rate
B.V. against the Commission of the European Communi-                         decide the matter in such way as the Court shall consider
                                ties                                         to be fair and reasonable;
                         (Case T-235/99)                                — make the appropriate order as to costs, in accordance with
                                                                             the law.
                          (2000/C 47/49)
                                                                        Pleas in law and main arguments
                   (Language of the Case: Dutch)
                                                                        The pleas in law and main arguments are the same as in Case
An action against the Commission of the European Communi-               T-210/99.
ties was brought before the Court of First Instance of the
European Communities on 14 October 1999 by Garage                       (1) OJ L 280 of 30.10.1999, p. 87.
Bernsteyn B.V., of Berg en Terblijt (Netherlands), represented
by T.J.M. Oostdijk, of the Maastricht Bar.
The applicant claims that the Court should:
— annul the Commission’s decision (C(1999) 2539 final) (1)
    of 20 July 1999 concerning State aid granted by the
                                                                        Action brought on 3 November 1999 by Territorio
    Netherlands to 633 service stations in the region bordering
                                                                        Histórico de Gipuzkoa and Gipuzkoako Foru Aldundia —
    Germany, and order that, as regards the applicant, no
                                                                        Diputación Foral de Gipuzkoa against Commission of the
    demand for repayment should be made, or at any rate
                                                                                             European Communities
    decide the matter in such way as the Court shall consider
    to be fair and reasonable;
                                                                                                 (Case T-269/99)
— make the appropriate order as to costs, in accordance with
    the law.                                                                                      (2000/C 47/51)
Pleas in law and main arguments                                                            (Language of the case: Spanish)
The pleas in law and main arguments are the same as in Case             An action against the Commission of the European Communi-
T-210/99.                                                               ties was brought before the Court of Justice on 3 November
                                                                        1999 by Territorio Histórico de Gipuzkoa and Gipuzkoako
(1) OJ L 280 of 30.10.1999, p. 87.
                                                                        Foru Aldundia — Diputación Foral de Gipuzkoa, Gipuzkoa
                                                                        (Spain), represented by Antonio Creus Carreras and Begoña
                                                                        Uriarte Valiente, of the Barcelona and Madrid Bars respectively,
                                                                        Cuatrecasas Abogados, 60 Av. de Cortenbergh, Brussels.
 ---pagebreak--- C 47/30                 EN                    Official Journal of the European Communities                                       19.2.2000
The applicant claims that the Court of First Instance should:            Action brought on 3 November 1999 by Territorio
                                                                         Histórico de Alava, Arabako Foru Aldundia — Diputación
                                                                         Foral de Alava against Commission of the European
— Annul the Commission decision of 14 July 1999 in so far                                             Communities
    as it classifies as State aid within the meaning of Article 87
    EC the tax credit provided for in Norma Foral de Gipuzkoa
    (Gipuzkoa Regional Law) No 7/1997 of 22 December                                                (Case T-271/99)
    1997;
                                                                                                     (2000/C 47/52)
— Order the Commission to pay the costs in their entirety.
                                                                                              (Language of the case: Spanish)
                                                                         An action against the Commission of the European Communi-
Contentions and principal arguments adduced in support
                                                                         ties was brought before the Court of Justice on 3 November
                                                                         1999 by Territorio Histórico de Alava, Arabako Foru Aldundia
                                                                         — Diputación Foral de Alava, Alava (Spain), represented by
In support of its claims, the applicant submits that, in the             Antonio Creus Carreras and Begoña Uriarte Valiente, of
contested decision, the Commission:                                      the Barcelona and Madrid Bars respectively, of Cuatrecasas
                                                                         Abogados, 60 Av. de Cortenbergh, Brussels.
— misinterprets the concept of State aid appearing in
    Article 87(1) EC in taking the view that the tax credit              The applicant claims that the Court of First Instance should:
    provided for in the abovementioned Norma Foral de
    Gipuzkoa constitutes a measure of a selective nature and             — Annul the Commission decision of 14 July 1999 in so far
    therefore State aid; in the applicant’s view, the tax credit              as it classifies as State aid within the meaning of Article 87
    constitutes a measure of a general nature since it applies to             EC the tax credit provided for in Norma Foral de Alava
    all economic operators alike, provided that they meet the                 (Alava Regional Law) No 22/1994 of 20 December 1994,
    requirements laid down in that instrument, which are                      as amended;
    objective and non-discriminatory; even if the measure in
    question were in some degree selective, it would be                  — Order the Commission to pay the costs in their entirety.
    justified by the nature of the system, since the latter is
    non-discriminatory in its scope, being based on objective
    and horizontal conditions or criteria, and it also contributes       Contentions and principal arguments adduced in support
    to the efficiency of the tax system of which it forms part;
                                                                         The pleas in law and main arguments are identical with those
— misinterprets Article 87 EC in considering that State aid              used in T-269/99.
    exists where there has been no proof of distortion of
    competition or of any impact on trade between Member
    States, as required by that provision;
— mistakenly takes the view that the Spanish authorities
    infringed the obligation of notification laid down in
    Article 88(3) EC;
                                                                         Action brought on 3 November 1999 by Territorio His-
                                                                         tórico de Bizkaia, Bizkaiko Foru Aldundia — Diputación
— has misused its powers by using the State aid procedure                Foral de Bizkaia against Commission of the European
    instead of the procedure provided for by the Community                                            Communities
    legislature (tax harmonisation), under which its powers are
    much more limited since they are shared with the Council
                                                                                                    (Case T-272/99)
    of the European Union;
                                                                                                     (2000/C 47/53)
— has failed to fulfil the obligation to state reasons since it
    has not clarified the points of fact and of law which
    prompted it to classify the contested tax measure as State
                                                                                              (Language of the case: Spanish)
    aid, within the meaning of Article 87 EC.
                                                                         An action against the Commission of the European Communi-
                                                                         ties was brought before the Court of Justice on 3 November
                                                                         1999 by Territorio Histórico de Bizkaia, Bizkaiko Foru Aldun-
                                                                         dia — Diputación Foral de Bizkaia (Spain), represented by