CELEX: C1999/226/74
Language: en
Date: 1999-08-07 00:00:00
Title: Case T-129/99: Action brought on 26 May 1999 by the Comunidad Autónoma del País Vasco and Gasteizko Industria Lurra S.A. against the Commission of the European Communities

C 226/42              EN                     Official Journal of the European Communities                                        7.8.1999
Pleas in law relied on:           infringement of Article 44 of             Article 10(1) of the Decree, 5 % as a strategic project
                                  Regulation (EC) No 40/94                  amount and 5 % as an amount in respect of an investment
                                                                            project creating significant employment, in accordance
                                  infringement of Article 63(2)             with Article 10(2) of the Decree and, finally, 5 % in
                                  of Regulation (EC) No 40/94               accordance with Article 10(4) of the Decree;
                                  infringement of Articles 74(1)
                                  and 76(1)(b) of Regulation (EC)       — violation of the right of the Comunidad Autónoma del
                                  No 40/94.                                 Paı́s Vasco to a fair hearing, inasmuch as the Comunidad
                                                                            had no knowledge, prior to the communication of the
                                                                            contested decision, of the infringement attributed to it by
                                                                            the Commission with regard to Article 7(d) of the Decree;
                                                                        — erroneous interpretation of Article 87(3)(c) EC (ex Article
                                                                            92(3)(c)). In advancing that plea, on which they rely in the
                                                                            alternative in the event that the Court declares the existence
                                                                            of State aid, the applicants maintain that the Commission
Action brought on 26 May 1999 by the Comunidad                              should in any event have characterised that aid as regional
Autónoma del Paı́s Vasco and Gasteizko Industria Lurra                     aid withir the meaning of the abovementioned provisions.
S.A. against the Commission of the European Communi-
                               ties
                        (Case T-129/99)
                        (1999/C 226/74)
                                                                        Action brought on 27 May 1999 by David Crabbe against
                                                                        European Centre for the Development of Vocational
                  (Language of the case: Spanish)                                             Training (CEDEFOP)
An action against the Commission of the European Communi-                                        (Case T-130/99)
ties was brought before the Court of First Instance of the
European Communities on 26 May 1999 by the Comunidad
Autónoma del Paı́s Vasco and Gasteizko Industria Lurra S.A.,                                   (1999/C 226/75)
both established in Vitoria, Spain, represented by Fernando
Pombo Garcı́a, Emiliano Garayar Gutiérrez and Juan Alonso
Berberena, lawyers, with an address for service c/o Gómez-                                (Language of the case: French)
Acebo & Pombo 99/101 Rue de la Loi, 1040 Brussels.
                                                                        An action against European Centre for the Development of
The applicants claim that the Court should:                             Vocational Training was brought before the Court of First
                                                                        Instance of the European Communities on 27 May 1999 by
— annul the Commission’s decision of 24 February 1999                   David Crabbe, residing at Thessaloniki (Greece), represented
    concerning State aid granted by Spain to Daewoo Elec-               by Marc-Albert Lucas, of the Liège Bar, with an address for
    tronics Manufacturing España (DEMESA);                             service in Luxembourg at Fiduciaire Myson S.à r.l., 30 Rue de
                                                                        Cessange.
— order the Commission to pay the costs.
                                                                        The applicant claims that the Court should:
Pleas in law and main arguments                                         — annul the defendant’s decision to reject his administrative
                                                                            complaint of 27 October 1998;
The pleas in law and main arguments are similar to those
advanced in Case T-127/99 Territorio Histórico de Alava,               — annul the defendant’s decision to reject his request of
Arabako Foru Aldundia — Diputación Foral de Alava v                        26 June 1998;
Commission of the European Communities.
                                                                        — order the defendant to pay the costs.
The applicants plead, in particular:
                                                                        Pleas in law and main arguments
— alleged contravention of the principles of legal certainty
    and of the protection of legitimate expectations, inasmuch
    as DEMESA, correctly interpreting the criteria laid down in         Until 1 September 1997, the applicant was an official in Grade
    Article 10 of the Decree governing the EKINEM pro-                  LA 6 of the European Parliament working as a translator as
    gramme, as notified to the Commission, was entitled, in             part of the Language Service provided for in Article 5(2) of the
    the applicants’ view, to receive a 25 % non-repayable               Staff Regulations. He applied for the post of English-language
    subsidy, comprising a 10 % tranche in accordance with               translator advertised by CEDEFOP.