CELEX: C1999/281/01
Language: en
Date: 1999-10-02 00:00:00
Title: Case C-197/99 P: Appeal brought on 26 May 1999 by the Kingdom of Belgium against the judgment: delivered on 25 March 1999 by the Fourth Chamber, Extended Composition, of the Court of First Instance of the European Communities in Case T-37/97 between Forges de Clabecq SA, supported by the Kingdom of Belgium, the Walloon Region and the Société Wallonne pour la Sidérurgie, and the Commission of the European Communities

2.10.1999              EN                    Official Journal of the European Communities                                           C 281/1
                                                                     I
                                                               (Information)
                                                  COURT OF JUSTICE
                                                           COURT OF JUSTICE
Appeal brought on 26 May 1999 by the Kingdom of                          — order the respondent to pay the costs.
Belgium against the judgment: delivered on 25 March
1999 by the Fourth Chamber, Extended Composition, of
the Court of First Instance of the European Communities
in Case T-37/97 between Forges de Clabecq SA, supported                  Pleas in law and main arguments
by the Kingdom of Belgium, the Walloon Region and the
Société Wallonne pour la Sidérurgie, and the Commission
                of the European Communities                              Infringement of Community law (error of reasoning and
                                                                         disregard of the principle of legal certainty; erroneous charac-
                                                                         terisation in law of the facts found):
                        (Case C-197/99 P)
                                                                         — (As regards the SNCI and Belfin loans)
                         (1999/C 281/01)
                                                                              Absence of a statement of reasons: although the Court of
An appeal against the judgment delivered on 25 March 1999                     First Instance identified the aid element, namely the
by the Fourth Chamber, Extended Composition, of the Court                     guarantees attaching to the SNCI and Belfin loans rather
of First Instance of the European Communities in Case T-37/97                 than the loans as such, it did not identify the SNCI and
between Forges de Clabecq SA, supported by the Kingdom of                     Belfin loans mentioned by the Commission, in particular
Belgium, the Walloon Region and the Société Wallonne pour                     the SNCI loans referred to, whereas the applicant had
la Sidérurgie SA, and the Commission of the European                          specifically criticised the absence of reasons for the contest-
Communities was brought before the Court of Justice of the                    ed decision. Such identification was however necessary,
European Communities on 26 May 1999 by the Kingdom of                         since several loans were granted to Forges de Clabecq, as
Belgium, represented by Anni Snoecx, Adviser in the Legal                     the Court of First Instance recalled. Moreover, all of those
Service of the Ministry of Foreign Affairs, External Trade and                loans were covered by a State guarantee.
Development Cooperation, acting as Agent, assisted by J.-M. de
Backer, G. Vandersanden and L. Levi, of the Brussels Bar, with           — (As regards the guarantees in respect of the SNCI loans)
an address for service in Luxembourg at the Belgian Embassy,
4 Rue des Girondins.                                                          Erroneous characterisation in law of the facts, resulting in
                                                                              a failure to have regard to the principle of legal certainty
                                                                              and an absence of reasons.
The appellant claims that the Court should:
— set aside the judgment delivered by the Court of First                 — (As regards the Belfin loans)
    Instance of the European Communities on 25 March 1999
    in Case T-37/97 (1), rejecting as to their substance the                  Failure by the Court of First Instance to adjudicate on a
    submissions made by the appellant in support of the form                  plea in law (alleging the existence of a mechanism for
    of order sought by the applicant in the proceedings at first              the provision of a counter-guarantee by the intended
    instance in so far as they refer to ‘State guarantees in                  beneficiaries of the Belfin loans, who contribute to a
    respect of the Belfin and SNCI loans’;                                    ‘Guarantee fund’).
— consequently, uphold the submissions made by the appli-
    cant in the proceedings at first instance in so far as they
    refer to ‘State guarantees in respect of the Belfin and SNCI         (1) OJ C 160 of 5.6.1999, p. 19.
    loans’, and accordingly annul the Commission’s decision
    No C-43/96 of 18 December 1996 entitled ‘ECSC steel
    — Forges de Clabecq’, in so far as it refers to ‘State
    guarantees in respect of the Belfin and SNCI loans’;