CELEX: C2002/180/19
Language: en
Date: 2002-07-27 00:00:00
Title: Case C-187/02 P: Appeal brought on 21 May 2002 against the judgment delivered on 6 March 2002 by the Third Chamber, Extended Composition, of the Court of First Instance of the European Communities in Joined Cases T-127/99, T-129/99 and T-148/99 (not yet published) between Territorio Histórico de Álava — Diputación Foral de Álava and Others and Commission of the European Communities

27.7.2002                EN                     Official Journal of the European Communities                                       C 180/11
—     Order the Portuguese Republic to pay the costs.                      The appellant claims that the Court should:
                                                                           1.    declare the present appeal admissible and consequently:
Pleas in law and main arguments
The Commission is of the view that the Portuguese Republic                 2.    set aside the judgment of the Court of First Instance of
has still not notified to it the plans and projects required by                  6 March 2002;
Article 11 of Directive 96/59/EC. The ‘National plan for the
decontamination and/or disposal of equipment listed in the
inventories and of the PCB contained in such equipment’                    3.    itself give final judgment in the matter on the basis of the
forwarded by the Portuguese Government, not having been                          appellant’s pleadings at first instance and, in particular,
adopted by the Government or published in the Diário da                         annul the decision of the Commission of 24 February
República (official gazette), does not appear to be binding.                    1999 inasmuch as the tax credit of 45 % of investment
Moreover, it fails to deal with a number of questions or                         provided for by the Norma Foral de Alava (Alava regional
restricts itself, with regard to others, to statements of intention.             Law) No 22/1994 does not constitute aid within the
Finally, it does not contain any reference to timings (timetable)                meaning of Article 87 EC or, if it should be deemed so to
for the measures which the Portuguese authorities intend to                      be, is existing aid, pursuant to Article 88 EC and Article 1
implement.                                                                       of the State aid Rules;
The Portuguese authorities have still not drawn up an inventory            4.    in the alternative, to refer the case back to the Court of
of the equipment containing in excess of 5 dm3 of PCB in                         First Instance for judgment, if the Court of Justice should
accordance with Article 4(1) of Directive 96/59/EC. Thus, the                    deem that appropriate;
‘summary’ which the Portuguese Government claims to have
transmitted to the Commission cannot be regarded as a
summary within the meaning of Article 4.                                   5.    order the Commission to pay the costs in both sets of
                                                                                 proceedings.
(1) OJ 1996 L 243, p. 31.
                                                                           Pleas in law and main arguments
Appeal brought on 21 May 2002 against the judgment
delivered on 6 March 2002 by the Third Chamber,                            are similar to the first two pleas in law in Case C-183/02 P (1),
Extended Composition, of the Court of First Instance of                    together with a third plea in law:
the European Communities in Joined Cases T-127/99,
T-129/99 and T-148/99 (not yet published) between
Territorio Histórico de Álava — Diputación Foral de                     —     infringement of Community law inasmuch as there was
Álava and Others and Commission of the European                                 no finding of misuse of powers by the Commission and
                            Communities                                          no reasons were provided in that respect: the public
                                                                                 at large is extremely well-aware of the problems at
                                                                                 Community level for harmonising tax, which would
                          (Case C-187/02 P)
                                                                                 allow undertakings and private individuals to operate in
                                                                                 fairer conditions. The unwillingness of a number of
                           (2002/C 180/19)                                       Member States makes it impossible to achieve the necess-
                                                                                 ary level of agreement within the Council. By means of
                                                                                 the indirect route of State aid proceedings, in which the
                                                                                 Commission enjoys wide powers, that institution has
An appeal against the judgment delivered on 6 March 2002                         succeeded in doing away with ‘controversial’ tax
by the Third Chamber, Extended Composition, of the Court of                      measures.
First Instance of the European Communities in Joined Cases
T-127/99, T-129/99 and T-148/99 between Territorio His-
tórico de Álava — Diputación Foral de Álava and Others and
Commission of the European Communities was brought                         (1) See p. 9 of this Official Journal.
before the Court of Justice of the European Communities on
21 May 2002 by Territorio Histórico de Alava — Diputación
Foral de Alava, represented by Antonio Creus Carreras and
Begoña Uriarte Valiente, Abogados, of Calle Velázquez No 63,
Madrid.