CELEX: C2000/302/73
Language: en
Date: 2000-10-21 00:00:00
Title: Case T-212/00: Action brought on 11 August 2000 by Nuove Industrie Molisane s.r.l. against the Commission of the European Communities

21.10.2000             EN                     Official Journal of the European Communities                                       C 302/31
      For the Bureau of the European Parliament now to apply             The pleas in law and main arguments are the same as those
      in respect of the applicant the ‘Rules’ of 16 December             put forward by Biret International in Case T-174/00.
      1998 is tantamount to an attempt to alter twelve years
      after their implementation the rules and conditions
      applicable to the competition on the basis of which the
      applicant was recruited to carry out (specifically) the
      duties of Head of the Information Service in Lisbon. By
      doing so, the principle of the non-retroactivity of laws
      has been breached.
                                                                         Action brought on 11 August 2000 by Nuove Industrie
                                                                         Molisane s.r.l. against the Commission of the European
—     Breaches the principle of legality
                                                                                                    Communities
      Adoption of rules with the scope of the ‘Rules on the
      implementation of the mobility policy’ amounts to a                                          (Case T-212/00)
      veritable amendment of the Staff Regulations which
      exceeds the powers of the Parliament to define and                                          (2000/C 302/73)
      implement its staff policy under the provisions of the
      Staff Regulations.
                                                                                            (Language of the Case: Italian)
                                                                         An action against the Commission of the European Communi-
                                                                         ties was brought before the Court of First Instance of the
                                                                         European Communities on 11 August 2000 by Nuove Indus-
                                                                         trie Molisane s.r.l., represented by Ivo Van Bael, of the Brussels
                                                                         Bar, and Fabrizio Di Gianni, of the Rome Bar.
Action brought on 10 August 2000 by Etablissements
  Biret et Cie against the Council of the European Union                 The applicant company claims that the Court should:
                         (Case T-210/00)                                 —     Annul the contested decision in so far as the Commission
                                                                               applied the adjustment factor of 0,75 to the competition
                                                                               assessment criterion, instead of the proposed factor of 1;
                         (2000/C 302/72)
                                                                         —     Order the defendant to pay the costs of the proceedings;
                   (Language of the case: French)                        —     Adopt any other such measure as may appear appropriate
                                                                               on legal and equitable grounds.
An action against the Council of the European Union was
brought before the Court of First Instance of the European
                                                                         Pleas in law and main arguments
Communities on 10 August 2000 by Etablissements Biret et
Cie, established in Paris, represented by Stéphane Rodrigues,
of the Paris Bar.                                                        The applicant in the present case, which is a limited-liability
                                                                         company consisting of a single person, established in Sesto
                                                                         Campano, which is an assisted area for the purposes of
The applicant claims that the Court should:                              Article 87(3)(c) EC, challenges Commission Decision
                                                                         SG(2000)D/103923 of 30 May 2000 (State Aid No N 787/99)
—     establish the liability of the European Community in the           concerning a project for regional investment aid in favour of
      court-supervised liquidation of the applicant’s subsidiary,        the applicant, as defined in the Commission notice on the
      the company known as Biret International;                          multisectoral framework on regional aid for large investment
                                                                         projects.
—     order the Council of the European Union to pay to the
      applicant damages in the sum of FRF 70 630 850;
                                                                         The object of the subsidised project is to establish a plant for
                                                                         the production of clinker (the basic material used in the
—     order the Council of the European Union to pay all the             manufacture of water-activated binders), which the applicant
      costs.                                                             is at present lacking.
                                                                         The aid in question has been declared partially compatible
Pleas in law and main arguments
                                                                         with the common market. The applicant submits in this regard
                                                                         that the Commission’s decision to use, in the formula for
The applicant claims compensation for the loss and damage                determining the maximum allowable aid intensity, the figure
arising from the court-supervised liquidation of its subsidiary,         of 0,75 as the adjustment factor for the competition assess-
Biret International, which has been forced to cease trading as           ment criterion, and consequently to declare compatible only
a result of the prohibition of imports into the Community of             the amount of ITL 29 176,69 million, is vitiated on the
beef and veal, especially of American origin.                            following grounds:
 ---pagebreak--- C 302/32               EN                     Official Journal of the European Communities                                     21.10.2000
—     Error in the reasoning;                                            Action brought on 23 August 2000 by Cooperativa Mare
                                                                         Azzurro scrl and Others against Commission of the
—     The Commission unlawfully concluded that, notwith-                                    European Communities
      standing a marked upward trend, the market in question
      is in decline;
                                                                                                  (Case T-218/00)
—     The decision is vitiated in so far as it uses a mean annual
      rate for the entire manufacturing industry equivalent
      to 5,78%;                                                                                   (2000/C 302/75)
—     The Commission failed to notify the applicant of the
      principal facts underlying its decision in regard to the use
      of the coefficient of 0,75.                                                          (Language of the case: Italian)
                                                                         An action against the Commission of the European Communi-
                                                                         ties was brought before the Court of First Instance of the
                                                                         European Communities on 23 August 2000 by Cooperativa
                                                                         Mare Azzurro scrl and Others, represented by Giuseppe
                                                                         Boscolo, of the Venice Bar.
Action brought on 21 August 2000 by Antena 3 de
Televisión, S.A. against the Commission of the European                 The applicants claim that the Court should:
                          Communities
                                                                         —     annul wholly or, in the alternative, in part the contested
                         (Case T-216/00)                                       decision and/or in any event declare the contested
                                                                               decision to be of no effect in respect of the applicants
                         (2000/C 302/74)                                       and furthermore order the defendant to pay the costs.
                   (Language of the case: Spanish)
                                                                         Pleas in law and main arguments
An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the               The applicants in the present case, cooperatives which provide
European Communities on 21 August 2000 by Antena 3 de                    services to several hundred small fishing undertakings
Televisión, established in Madrid, represented by Fernando              operating from Venice and Chioggia, challenge the contested
Pombo Garcı́a, Emiliano Garayar Gutiérrez and Rosario Alonso             decision of 25 November 1999 on aid to firms in Venice and
Pérez-Villanueva, lawyers.                                               Chioggia by way of relief from social security contributions
                                                                         under Laws Nos 30/1997 and 206/1995 (1).
The applicant claims that the Court should:
—     annul Commission Decision 2000/400/EC of 10 May                    That decision declares certain aid received by those undertak-
      2000 (‘Eurovision’); and                                           ings to be incompatible with the common market.
—     order the Commission to pay all the costs incurred by
      Antena 3 de Televisión, S.A. in the present proceedings.          In support of their application, the applicants claim that:
                                                                         —     The Commission did not find that the aid in question
Pleas in law and main arguments                                                constitutes an arrangement for a three-year period and
                                                                               is thus not recoverable under Article 15 of Council
The pleas in law and main arguments are the same as those                      Regulation (EC) No 659/1999 of 22 March 1999 laying
put forward in Case T-185/00 Métropole Télévision M 6 (1).                     down detailed rules for the application of Article 93 of
                                                                               the EC Treaty (2).
(1) Not yet published.
                                                                         —     The contested decision fails to take into account the
                                                                               situation concerning rents and occupancy in Chioggia’s
                                                                               old town, inasmuch as it does not apply the derogation
                                                                               provided for in Article 87(3)(a) of the Treaty.