CELEX: C2001/331/52
Language: en
Date: 2001-11-24 00:00:00
Title: Case T-232/01: Action brought on 25 September 2001 by Territorio Histórico de Guipúzcoa — Excma. Diputación de Guipúzcoa, and the Comunidad autónoma del País Vasco — Gobierno Vasco against Commission of the European Communities

C 331/32               EN                    Official Journal of the European Communities                                     24.11.2001
Action brought on 25 September 2001 by Territorio                       Action brought on 26 September 2001 by Daniel Calle-
Histórico de Guipúzcoa — Excma. Diputación de Guipúz-               baut against the Commission of the European Communi-
coa, and the Comunidad autónoma del Paı́s Vasco —                                                      ties
Gobierno Vasco against Commission of the European
                          Communities
                                                                                                 (Case T-233/01)
                         (Case T-232/01)
                                                                                                 (2001/C 331/53)
                         (2001/C 331/52)
                                                                                           (Language of the case: French)
                  (Language of the case: Spanish)
                                                                        An action against the Commission of the European Communi-
An action against the Commission of the European Communi-
                                                                        ties was brought before the Court of First Instance of the
ties was brought before the Court of First Instance of the
                                                                        European Communities on 26 September 2001 by Daniel
European Communities on 25 September 2001 by the Territo-
                                                                        Callebaut, residing in Mondorf-les-Bains, Luxembourg, rep-
rio Histórico de Guipúzcoa — Excma. Diputación de Guipúz-
                                                                        resented by Jean-Noël Louis and Véronique Peere, avocats,
coa, and the Comunidad autónoma del Paı́s Vasco — Gobierno
                                                                        with an address for service in Luxembourg.
Vasco, Guipúzcoa (Spain), represented by Ramón Falcón,
lawyer.
                                                                        The applicant claims that the Court should:
The applicants claim that the Court should:
                                                                        —     annul the Commission decision not to promote the
—     annul in its entirety the decision of the Commission                    applicant to Grade B 2 in the 2000 promotions,
      which is contested in this action, in the alternative, annul
      Article 3 of that decision,
                                                                        —     order the defendant to pay the costs.
—     order the Commission to pay the costs.
                                                                        Pleas in law and main arguments
Pleas in law and main arguments
The applicants contest Commission Decision of 11 July 2001              The applicant in the present case challenges the refusal of the
declaring incompatible with the common market the tax                   appointing authority to promote him in the promotions for
reductions arising from Article 26 of Norma Foral (Regional             2000.
Law) No 7/1996 of 4 July 1996, on corporation tax (Boletı́n
Oficial de Guipúzcoa of 17 July 1996), which provides for a
reduction of 99 %, 75 %, 50 % and 25 % of the basis for
assessment of the aforementioned tax applicable during the              In support of his claim, he invokes:
four first tax years for undertakings which set up business in
the Territorio Histórico de Guipúzcoa with effect from the
entry into force of the Law, provided that they have disbursed          —     Breach of Articles 26 and 45 of the Staff Regulations;
capital amounting to more than ESP 20 million
(EUR 120 202), invest more than ESP 80 million
(EUR 430 810) and create more than 10 new jobs.                         —     Infringement of the audi alteram partem principle and
                                                                              infringement of the principles of equal treatment,
                                                                              entitlement to pursue a career, and sound administration;
The pleas in law and main arguments put forward by the
applicants are identical with those put forward in Case                 —     Existence in this case of a manifest error of assessment.
T-227/01.