CELEX: C1999/160/42
Language: en
Date: 1999-06-05 00:00:00
Title: Case T-195/98: Action brought on 11 December 1998 by Ettlin Gesellschaft für Spinnerei und Weberei AG and others against the Council of the European Union

C 160/22               EN                    Official Journal of the European Communities                                       5.6.1999
Action brought on 11 December 1998 by Ettlin Gesell-                    Hootz Hirsch Rechtsanwälte, Brussels, with an address for
schaft für Spinnerei und Weberei AG and others against                  service in Luxembourg at the Chambers of Loesch & Wolter,
              the Council of the European Union                         11, rue Goethe.
                         (Case T-195/98)
                                                                        The applicant claims that the Court should:
                        (1999/C 160/42)
                                                                        1. annul article 1 of the Decision of the Commission of
                                                                            28 October 1998 [State aid in favour of Sniace Spain —
                  (Language of the case: English)                           No C 68/97 (ex NN 118/97)], in so far as it contains
                                                                            findings by the Commission that
An action against the Council of the European Union was
brought before the Court of First Instance of the European                  — the non-recovery by the social insurance institution of
Communities on 11 December 1998 by Ettlin Gesellschaft für                       debts due, default surcharges and interest, and the debt
Spinnerei und Weberei AG and others, represented by Clive                        rescheduling agreements concluded between Sniace
Stanbrook QC and Professor Alan Dashwood with an address                         and the Social Insurance Institution on 8 March 1996,
for service in Luxembourg at the Chambers of Arsène Krons-                       7 May 1996 and 30 September 1997, together with
hagen, 22, rue Marie Adélaïde.
                                                                            — the non-recovery by the wage guarantee fund, Fogasa,
The applicant claims that the Court should:                                      of debts due and default interest, and the agreements
                                                                                 concluded between Sniace and Fogasa on 5 November
— declare void, pursuant to articles 173 and 174 EC, the                         1993 and 31 October 1995
    Council’s decision to reject the Commission’s proposal for
    a Regulation (1) imposing definitive anti-dumping duties            do not constitute — apart from the charging of interest at
    on imports of unbleached cotton fabric from India,                  below market rates — State aid within the meaning of article
    Indonesia, Pakistan, Turkey, China and Egypt, and (2)               92(1) of the EC Treaty;
    collecting the provisional duties imposed by Regulation
    (EC) No 773/98 of 7 April 1998,
                                                                        2. order the Commission to pay the costs,
— determine, pursuant to articles 178 and 215 (2) EC, that
    the Council is liable to make good the damage caused to the         3. order the defendant, pursuant to article 21 if the EC Statute
    applicants by its unlawful rejection of the Commission’s                of the Court of Justice and article 65 of the Rules of
    proposal for a Regulation imposing anti-dumping duties,                 Procedure of the Court of First Instance, to produce the
    and                                                                     following documents:
— order that the costs of the proceedings be borne by the
    Council.                                                                — the Spanish Government’s statement of views on the
                                                                                 applicant’s complaints dated 4 July 1996, 26 Novem-
                                                                                 ber 1996 and 9 December 1996,
Pleas in law and main arguments
                                                                            — the Spanish Government’s statement of views on the
The grounds and arguments are similar to those invoked in                        applicant’s response dated 17 April 1997,
Case T-213/97 (1).
                                                                            — all statements of views issued by the Spanish Govern-
(1) OJ C 318, 18.10.1997, p. 23.                                                 ment in the proceeding under article 93(2) of the EC
                                                                                 Treaty.
                                                                        Pleas in law and main arguments
Action brought on 11 February 1999 by Lenzing Aktien-                   By the contested decision, State aid granted by the Spanish
gesellschaft against the Commission of the European                     authorities in favour of the viscose fibre producer Sociedad
                           Communities                                  Nacional de Industrias y Aplicaciones de Celuloso Española
                                                                        SA (Sniace) was declared to be incompatible with the common
                          (Case T-36/99)                                market; however, following examination of the measures
                                                                        referred to in the form of order sought by the applicant, those
                        (1999/C 160/43)                                 measures were assessed as not constituting unlawful aid.
                  (Language of the case: German)                        The applicant, which is the largest producer of viscose and
                                                                        modal fibres in Europe and a competitor of Sniace, pleads the
An action against the Commission of the European Communi-               following infringements by the Commission:
ties was brought before the Court of First Instance of the
European Communities on 11 February 1999 by Lenzing                     — infringement of article 92(1) of the EC Treaty, in that the
Aktiengesellschaft, of Lenzing (Republic of Austria), represent-            contested decision limited the scope of the aid to the
ed by Hans-Jörg Niemeyer, Rechtsanwalt, of Messrs Gleiss Lutz               financial advantage accruing to Sniace from the charging