CELEX: C2000/063/43
Language: en
Date: 2000-03-04 00:00:00
Title: Cases T-285/99 to T-289/99: Actions brought on 27 October 1999 by M.G.W. Ruypers, trading as Garage M.J.G. Ruypers, and Others against the Commission of the European Communities

C 63/22                EN                    Official Journal of the European Communities                                      4.3.2000
                                                       COURT OF FIRST INSTANCE
Action brought on 3 November 1999 by Polyxeni Tessa                     Actions brought on 27 October 1999 by M.G.W. Ruypers,
and Andreas Kh. Tessas against the Council of the                       trading as Garage M.J.G. Ruypers, and Others against the
                        European Union                                           Commission of the European Communities
                        (Case T-270/99)                                                  (Cases T-285/99 to T-289/99)
                         (2000/C 63/42)                                                         (2000/C 63/43)
                   (Language of the case: Greek)
                                                                                           (Language of the case: Dutch)
An action against the Council of the European Union was
brought before the Court of First Instance on 3 November                Actions against the Commission of the European Communities
1999 by Polyxeni Tessa and Andreas Kh. Tessas, residing                 were brought before the Court of First Instance of the European
in Larisa, Odos Tagmatarkhou Velissariou 21-23 (Greece),                Communities on 27 October 1999 by M.G.W. Ruypers,
represented by Andreas Kh. Tessas, Lawyer, with an address              trading as Garage M.J.G. Ruypers, of Valkenburg (Netherlands),
for service in Luxembourg at the Chambers of Aikaterini                 and others, represented by M.J.C. Deriks, of the Rotterdam Bar.
Thill-Kamitaki, 4 Rue de l’Avenir.
                                                                        The applicants claim that the Court should:
The applicants claim that the Court of First Instance should:
                                                                        (a) annul the Commission’s decision [C(1999) 2539 final] (1)
— uphold this action for annulment with a view to declaring                 of 20 July 1999 concerning State aid granted by the
    void, for the reasons referred to in the claims for relief in           Netherlands to 633 service stations in the region bordering
    the application, the decision of 15 December 1998                       Germany;
    (No 14015/98) of the Council of the European Union
    relating to the taking over by the Greek State of the debts         (b) order the Commission to pay the costs.
    of certain bodies of the agricultural economy owed to the
    Agricultural Bank of Greece;
                                                                        Pleas in law and main arguments
— order the Council of the European Union to pay our costs.
                                                                        The pleas in law and main arguments are the same as in Cases
Pleas in law and main arguments                                         T-273/99 to T-278/99.
First plea                                                              (1) OJ L 280 of 30.10.1999, p. 87.
Misapplication, by the Council’s Decision of 15 December
1998 (No 14015/98), relating to the taking over by the Greek
State of the debts of certain bodies of the agricultural economy
owed to the Agricultural Bank of Greece, of the third
subparagraph of Article 88(2) EC.
                                                                        Actions brought on 27 October 1999 by Autobedrijf
Second plea                                                             Ueffing C.V. and Others against the Commission of the
                                                                                            European Communities
Manifest error on the part of the Council in adopting the above
contested decision inasmuch as it considered that there were
                                                                                         (Cases T-290/99 to T-316/99)
exceptional circumstances within the meaning of the third
paragraph of Article 88(2) EC. Wrongful exercise on the part
of the Council of the discretion conferred on it under the third                                (2000/C 63/44)
paragraph of Article 88(2) EC.
                                                                                           (Language of the case: Dutch)
Third plea
The adoption of the above contested decision was a misuse of            Actions against the Commission of the European Communities
powers.                                                                 were brought before the Court of First Instance of the European
                                                                        Communities on 27 October 1999 by Autobedrijf Ueffing
                                                                        C.V., of Groenlo (Netherlands), and others, represented by
                                                                        M.J.C. Deriks, of the Rotterdam Bar.