CELEX: C1998/340/32
Language: en
Date: 1998-11-07 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 15 September 1998 in Joined Cases T-126/96 and T-127/96: Breda Fucine Meridionali SpA (BFM) and Ente Partecipazioni e Finanziamento Industria Manifatturiera (EFIM) v. Commission of the European Communities (State aid - Article 93(2) of the EC Treaty - Notice of initiation of procedure - Aid not explicitly mentioned - Aid to companies located in disadvantaged regions - Restructuring - Recovery of aid - Limitation period)

C 340/18              EN                 Official Journal of the European Communities                                   7.11.98
represented by Santiago MunÄoz Machado, of the Madrid               Ente Partecipazioni e Finanziamento Industria Manifattu-
Bar, with an address for service in Luxembourg at the               riera (EFIM), established in Rome, represented by Antonio
Chambers of Carlos Amo QuinÄones, 2 Rue Gabriel                     Tizzano and Gian Michele Roberti, of the Naples Bar, 36
Lippmann, v. Commission of the European Communities                 Place du Grand Sablon, Brussels, against Commission of
(Agents: initially GeÂrard Rozet, and Fernando Castillo de          the European Communities (Agents: initially Paul Nemitz,
la Torre, and then Mr Rozet and Juan Guerra FernaÂndez,             Lucio Gussetti and Enrico Altieri, subsequently Paul
supported by the French Republic (Agents: Catherine de              Nemitz and Paolo Stancanelli), supported by French
Salins, and Gauthier Mignot), Ð application for a                   Republic (Agents: Catherine de Salins, Kareen Rispal-
declaration under Article 175 of the EC Treaty that the             Bellanger, Jean-Marc Belorgey, FreÂdeÂrik Million and
Commission failed to fulfil its obligations under the               Gautier Mignot) and Manoir Industries SA, established in
Treaty, first, by failing to adopt a decision in relation to        Paris, represented by Bernard van de Walle de Ghelcke, of
the complaints made by the applicant against the                    the Brussels Bar, with an address for service in
Kingdom of Spain for breach of Article 92 of the Treaty             Luxembourg at the Chambers of Freddy Brausch, 11 rue
and secondly by failing to initiate the procedure provided          Goethe, Ð application for annulment of Commission
for under Article 93(2) of the Treaty, alternatively, for           Decision 96/614/EC of 29 May 1996 concerning certain
annulment under Article 173 of the Treaty of the                    measures granted by Italy in favour of Breda Fucine
Commission's decision allegedly contained in a letter of            Meridionali SpA (OJ L 272 of 25.10.1996, p. 46),
20 February 1996, Ð the Court of First Instance (Third              declaring the State aid granted by the Italian Government
Chamber, Extended Composition), composed of: V. Tiili,              to Breda Fucine Meridionali SpA incompatible with the
President, C. P. BrieÈt, K. Lenaerts, A. Potocki and J. D.          common market and illegal, Ð the Court of First Instance
Cooke, Judges; H. Jung, Registrar, has given a judgment             (Third Chamber, Extended Composition), composed of: V.
on 15 September 1998, in which it:                                  Tiili, President; C. P. BrieÈt, K. Lenaerts, A. Potocki and
                                                                    J. D. Cooke, Judges; J. Palacio GonzaÂlez, Administrator,
                                                                    for the Registrar, has given a judgment on 15 September
1. declares that the Commission failed to fulfil its                1998, in which it:
     obligations under the EC Treaty by failing to adopt a
     decision following the two complaints lodged by the
                                                                    1. dismisses the applications;
     applicant on 2 March 1992 and 12 November 1993;
                                                                    2. orders the applicants to pay jointly and severally the
2. orders the Commission to pay the applicant's costs                    costs incurred by the Commission and by Manoir
     other than those incurred as a result of the                        industries SA;
     intervention by the French Republic;
                                                                    3. orders the French Republic to pay its own costs.
3. orders the French Republic to bear its own costs
                                                                    (1) OJ C 318, 26.10.1996.
     together with the costs incurred by the applicant by
     reason of its intervention.
(1) OJ C 247 of 24.8.1996.
                                                                      JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                        of 15 September 1998
                                                                    in Joined Cases T-180/96 and T-181/96: Mediocurso,
                                                                    Estabelecimento de Ensino Particular, Limitada, against
  JUDGMENT OF THE COURT OF FIRST INSTANCE                                 the Commission of the European Communities (1)
                     of 15 September 1998                           (European Social Fund Ð Approval decision Ð Reduction
in Joined Cases T-126/96 and T-127/96: Breda Fucine                 of financial assistance Ð Prior hearing of beneficiary Ð
Meridionali SpA (BFM) and Ente Partecipazioni e Finan-              Consultation of the Member State Ð Protection of
ziamento Industria Manifatturiera (EFIM) v. Commission              legitimate expectations Ð Legal certainty Ð Statement of
               of the European Communities (1)                                reasons Ð Manifest error of assessment)
(State aid Ð Article 93(2) of the EC Treaty Ð Notice of                                     (98/C 340/33)
initiation of procedure Ð Aid not explicitly mentioned Ð
Aid to companies located in disadvantaged regions Ð                               (Language of the case: Portuguese)
   Restructuring Ð Recovery of aid Ð Limitation period)
                         (98/C 340/32)                              In Joined Cases T-180/96 and T-181/96, Mediocurso, Esta-
                                                                    belecimento de Ensino Particular, Limitada, established in
                                                                    Lisbon, represented by Carlos Botelho Moniz and Paulo
                (Language of the case: Italian)                     Moura Pinheiro, of the Lisbon Bar, with an address for
                                                                    service in Luxembourg at the Chambers of Aloyse May,
                                                                    31, Grand-rue, against Commission of the European
In Joined Cases T-126/96 and T-127/96, Breda Fucine                 Communities (Agents: Maria Teresa Figueira and Knut
Meridionali SpA (BFM), established in Bari (Italy), and             Simonsson) Ð application for the annulment of