CELEX: C2000/079/75
Language: en
Date: 2000-03-18 00:00:00
Title: Case T-349/99: Action brought on 8 December 1999 by Miroslav Miskovic against the Council of the European Union

18.3.2000              EN                     Official Journal of the European Communities                                        C 79/35
The applicant claims that the Court should:                              Pleas in law and main arguments
— annul the Commission’s decision of 14 July 1999 in so far              The pleas in law and main arguments are analogous to those
    as it regards the reduction of the corporation tax applicable        put forward in Case T-346/99 Diputación Foral de Alava v
    to newly created undertakings, provided for in Article 26            Commission.
    of Provincial Law of Gipuzkoa No 7/1996, as State aid
    within the meaning of Article 87 EC;
— order the Commission to pay the costs.
Pleas in law and main arguments
                                                                         Action brought on 8 December 1999 by Miroslav Misko-
                                                                                vic against the Council of the European Union
The pleas in law and main arguments are analogous to those
put forward in Case T-346/99 Diputación Foral de Alava v
Commission.                                                                                       (Case T-349/99)
                                                                                                   (2000/C 79/75)
                                                                                            (Language of the case: English)
                                                                         An action against the Council of the European Union was
                                                                         brought before the Court of First Instance of the European
                                                                         Communities on 8 December 1999 by Miroslav Miskovic,
Action brought on 6 December 1999 by the Territorio
                                                                         represented by Nicolas Rollason and Tim Eicke with an address
Histórico de Bizkaia, Bizkaiko Foru Aldundia — Diputa-
                                                                         for service in Luxembourg at the Chambers of Elvinger, Hoss
ción Foral de Bizkaia against the Commission of the
                                                                         & Prussen, 2 place Winston Churchill.
                     European Communities
                                                                         The applicant claims that the Court should:
                         (Case T-348/99)
                                                                         — declare void the Council Decision 1999/612/CFSP;
                          (2000/C 79/74)
                                                                         — order the Council to pay the applicant’s costs.
                   (Language of the case: Spanish)                       Pleas in law and main arguments
An action against the Commission of the European Communi-                The contested Council decision, which implements Common
ties was brought before the Court of First Instance of the               Position 1999/318/CFSP concerning additional restrictive
European Communities on 6 December 1999 by the Territorio                measures against the Federal Republic of Yugoslavia, includes,
Histórico de Bizkaia, Bizkaiko Foru Aldundia — Diputación              inter alia, the applicant on a list of persons being subject to an
Foral de Bizkaia, Bizkaia (Spain) represented by Antonio Creus           obligation of non-admission in the territories of the Member
Carreras and Begoña Uriarte Valiente, of the Barcelona and              States.
Madrid Bars respectively, with an address for service in Brussels
at the Chambers of Cuatrecasas Abogados, 60 Avenue de
                                                                         The applicant challenges the choice of legal base by the
Cortenbergh.
                                                                         Council. Since the entry into force of the Amsterdam Treaty
                                                                         measures concerning immigration and asylum policy fell
The applicant claims that the Court should:                              within the exclusive competence under Title IV EC. By basing
                                                                         the contested decision on Title V EU the Council had therefore
                                                                         based its actions on the wrong legal base. Furthermore, by
— annul the Commission’s decision of 14 July 1999 in so far              imposing the obligation of non-admission in the legislative
    as it regards the reduction of the corporation tax applicable        form of a decision, the Council chose an legal instrument
    to newly created undertakings, provided for in Article 26            which in the present context was neither provided for in
    of Provincial Law of Bizkaia No 3/1996, as State aid within          Title V EU nor in Title IV EC.
    the meaning of Article 87 EC;
— order the Commission to pay the costs.