CELEX: C2000/079/15
Language: en
Date: 2000-03-18 00:00:00
Title: Case C-496/99 P: Appeal brought on 21 December 1999 by the Commission of the European Communities against the judgment delivered on 14 October 1999 by the Second Chamber of the Court of First Instance of the European Communities in Joined Cases T-191/96 and T-106/97 in so far as it relates to Case T-191/96 between C.A.S. Succhi di Frutta SpA, established in Borgonovo, Castagnaro di Verona, and the Commission of the European Communities

C 79/8                 EN                  Official Journal of the European Communities                                     18.3.2000
Appeal brought on 21 December 1999 by the Com-                        being that the Court of First Instance asserted that the
mission of the European Communities against the judg-                 Commission may not alter the terms of payment, and yet at
ment delivered on 14 October 1999 by the Second                       the same time stated that the Commission ought to have
Chamber of the Court of First Instance of the European                issued a new invitation to tender, which would have meant
Communities in Joined Cases T-191/96 and T-106/97 in                  changing the terms of payment of the successful tenderers
so far as it relates to Case T-191/96 between C.A.S. Succhi           which had already fulfilled their contractual obligations).
di Frutta SpA, established in Borgonovo, Castagnaro di
Verona, and the Commission of the European Communi-                   The third ground of challenge is that the Court of First Instance
                               ties                                   misinterpreted Community law relating to the concept of
                                                                      individual concern when it held that C.A.S. Succhi di Frutta
                        (Case C-496/99 P)                             SpA was individually concerned by the contested decision.
                                                                      The fourth plea is that the Court of First Instance misinter-
                          (2000/C 79/15)
                                                                      preted the concept of an interest in bringing proceedings and
                                                                      in particular the scope of Article 176 of the Treaty (now
An appeal against the judgment delivered on 14 October 1999           Article 233 EC) and consequently found that C.A.S. Succhi di
by the Second Chamber of the Court of First Instance of               Frutta had such an interest.
the European Communities in Joined Cases T-191/96 and
T-106/97 in so far as it relates to Case T-191/96 between             The fifth plea concerns misinterpretation of the rules relating
C.A.S. Succhi di Frutta SpA and the Commission of the                 to the withdrawal of fruit provided for by the common
European Communities was brought before the Court of                  organisation of the markets in the fruit and vegetable sector
Justice of the European Communities on 21 December 1999               which led the Court of First Instance to treat as available fruit
by the Commission of the European Communities, represented            withdrawn on dates prior to that on which payment was
by Francesco P. Ruggeri Laderchi, of its Legal Service, acting as     possible.
Agent, assisted by Alberto Dal Ferro of the Vicenza Bar, with
an address for service in Luxembourg at the office of Carlos
Gómez de la Cruz, Wagner Centre, Kirchberg.                          (1) Judgment of 14 October 1999 in Joined Cases T-191/96 and
                                                                          T-196/97.
                                                                      (2) C.A.S. Succhi di Frutta SpA.
The appellant claims that the Court should:
— set aside the judgment under appeal and declare the
    application brought by C.A.S. Succhi di Frutta SpA in Case
    T-191/96 (1) inadmissible;
— in the alternative, set aside the judgment under appeal on
                                                                      Action brought on 22 December 1999 by the Commission
    substantive grounds and declare the application brought by
                                                                      of the European Communities against the Kingdom of
    C.A.S. Succhi di Frutta SpA in Case T-191/96 unfounded;
                                                                                                      Spain
— in the further alternative, set aside the judgment under
                                                                                                (Case C-499/99)
    appeal and remit the case to the Court of First Instance so
    that it may give a ruling on the merits in the light of such
    information as the Court may wish to provide;                                                (2000/C 79/16)
— order the applicant (2) to pay the costs of the present             An action against the Kingdom of Spain was brought before
    proceedings and of the proceedings at first instance relating     the Court of Justice of the European Communities on
    to Case T-191/96.                                                 22 December 1999 by the Commission of the European
                                                                      Communities, represented by Gérard Rozet et Ramón Vidal
                                                                      Puig, acting as Agents, with an address for service in Luxem-
                                                                      bourg at the office of Carlos Gómez de la Cruz, of its Legal
Pleas in law and main arguments                                       Service, Wagner Centre, Kirchberg.
The first and second pleas are that the Court of First Instance       The applicant claims that the Court should:
erred in law when it applied the principle of equal treatment
between tenderers with reference to the differing positions of        — Declare that, by failing to adopt and bring into force
the unsuccessful and the successful tenderers after the award              within the prescribed period the laws, regulations and
of the contract. The incorrect application of that principle               administrative provisions necessary to comply with Com-
invalidates the judgment as regards both admissibility (the first          mission Decision of 20 December 1989 (91/1/EEC) (1) and
plea being that the situation of C.A.S. Succhi di Frutta                   of 14 October 1998 declaring certain aid to undertakings
SpA does not distinguish it from any other third parties;                  belonging to the Magefesa group to have been granted
consequently, it does not as such have standing to challenge               unlawfully and to be incompatible with the common
the decision on equivalence) and substance (the second plea                market, the Kingdom of Spain has failed to fulfil its