CELEX: C2004/085/42
Language: en
Date: 2004-04-03 00:00:00
Title: Judgment of the Court of First Instance of 13 January 2004 in Case T-158/99: Thermenhotel Stoiser Franz Gesellschaft mbH & Co. KG and Others v Commission of the European Communities (State aid — Aid for regional purposes — Validity of lawyer's signature on the application — Standing — Statement of reasons — Compatibility with the common market — Prohibition of discrimination — Right of establishment of the national competitors of the aid recipient — Protection of the environment — Misuse of powers)

C 85/22                EN                           Official Journal of the European Union                                              3.4.2004
                                                         COURT OF FIRST INSTANCE
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                     JUDGMENT OF THE COURT OF FIRST INSTANCE
                      of 11 December 2003                                                          of 13 January 2004
                                                                            in Case T-158/99: Thermenhotel Stoiser Franz Gesell-
in Case T-61/99: Adriatica di Navigazione SpA v Com-
                                                                            schaft mbH & Co. KG and Others v Commission of the
          mission of the European Communities (1)
                                                                                              European Communities (1)
(Competition — Article 85(1) of the EC Treaty (now                          (State aid — Aid for regional purposes — Validity of
Article 81(1) EC) — Definition of the relevant market —                     lawyer’s signature on the application — Standing — State-
Statement of reasons — Price-fixing agreement — Proof of                    ment of reasons — Compatibility with the common market
participation in the agreement — Proof that a participant                   — Prohibition of discrimination — Right of establishment
distanced himself from the agreement — Principle of non-                    of the national competitors of the aid recipient — Protection
      discrimination — Fines — Criteria for assessment)                                of the environment — Misuse of powers)
                          (2004/C 85/41)                                                              (2004/C 85/42)
                    (Language of the case: Italian)                                           (Language of the case: German)
                                                                            In Case T-158/99, Thermenhotel Stoiser Franz Gesellschaft
In case T-61/99: Adriatica di Navigazione SpA, established in               mbH & Co. KG, VierJahreszeiten Hotel-Betriebsgesellschaft
Venice (Italy), represented by U. Feraro, M. Siragusa and                   mbH & Co. KG, Thermenhotel Kowald, Thermalhotel Leitner
F. M. Moretti, lawyers, with an address for service in Luxem-               GesmbH, established in Loipersdorf (Austria), represented
bourg, against Commission of the European Communities                       by G. Eisenberger, lawyer, with an address for service in
(Agents: R. Lyal and L. Pignataro) — application for annulment              Luxembourg, v Commission of the European Communities
of Commission Decision 1999/271/EC of 9 December 1998                       (Agents: V. Kreuschitz and J. Macdonald Flett), supported
relating to a proceeding pursuant to Article 85 of the EC                   by Republic of Austria (Agents: W. Okresek, H. Dossi,
Treaty (IV/34.466 — Greek Ferries) (OJ 1999 L 109, p. 24) —                 C. Pesendorfer and T. Kramler): Application for annulment of
the Court of First Instance (Fifth Chamber), composed of                    Commission Decision SG(99) D/1523 of 3 February 1999
J. D. Cooke, President, R. García-Valdecasas and P. Lindh,                  declaring State aid in connection with a hotel project in
Judges; J. Plingers, Administrator, acting for the Registrar, has           Loipersdorf (Austria) compatible with the common market, the
given a judgment on 11 December 2003, in which it:                          Court of First Instance (First Chamber, Extended Composition),
                                                                            composed of: B. Vesterdorf, President, J. Azizi, M. Jaeger,
                                                                            H. Legal and M. E. Martins Ribeiro, Judges; D. Christensen,
1.    Sets the fine imposed on Adriatica di Navigazione SpA at              Administrator, for the Registrar, has given a judgment on
      EUR 245 000;                                                          13 January 2004, in which it:
2.    Dismisses the remainder of the application;                           1.    Dismisses the application;
3.    Orders Adriatica di Navigazione SpA to bear its own costs and         2.    Orders the applicants to pay the Commission’s costs;
      to pay three quarters of those incurred by the Commission and
      orders the Commission to bear one quarter of its own costs.
                                                                            3.    Orders the Republic of Austria to bear its own costs.
(1) OJ C 160 of 5.6.1999.                                                   (1) OJ C 299 of 16.10.1999.