CELEX: 
Language: en
Date: 1994-12-31 00:00:00
Title: Case T-398/94: Action brought on 30 December 1994 by Kahn Scheepvaart BV against Commission of the European Communities

31 . 12. 94                          Official Journal of the European Communities                           No C 400/ 15
brought before the Court of First Instance of the              — take such further action as the Court may deem
European Communities on 28 December 1994 by Gerjet                  appropriate,
Meyenburg, Sudbrookmerland (Federal Republic of
Germany), represented by Bernd-Rudiger Bessau,                 — order the Commission to pay the costs.
Rechtsanwalt, Emden (Federal Republic of Germany).
The applicant claims that the Court should :                   Pleas in law and main arguments adduced in support:
Order the defendants to pay to the applicant DM                The applicant, a Dutch private company which belongs
72 791,37 together with 8 % interest from 1 November           to the same group as Jumbo Shipping Company SA and
 1994.                                                         whose main activities consist of the listing and transpor­
                                                               tation by sea of heavy loads, challenges the
Pleas in law and main arguments adduced in support:            Commission's decision approving the production aid to
                                                               be granted by Germany for the building of two heavy lift
The pleas in law and main arguments are similar to those       vessels .
in Case T-20 /94 .
                                                               The applicant submits that this State aid measure consists
                                                               of both a cash subsidy of seven percent of the price of
                                                               the vessels, granted on the basis of the regulations
                                                               regarding the continuance of the competition aid
                                                               programmes for the territory of the Federal Republic of
                                                               Germany and a special depreciation scheme under
                                                               paragraph 82 (f) of the Einkommensteuer-Durchfuh­
                                                               rungsverordnung (Income Tax Implementation Regu­
Action brought on 30 December 1994 by Kahn                     lation). The effects of the subsidy caused by paragraph
Scheepvaart BV against Commission of the European              82 (f) EStDV are much higher than the two percent that
                      Communities
                                                               would be permitted under Council Directive
                    (Case T-398/94)                            90/684/EEC of 21 December 1990 (the 'Seventh
                     (94/C 400/06)                             Directive').
              (Language of the case: English)                  The applicant submits that by adopting the contested
                                                               Decision, the Commission
An action against the Commission of the European
Communities was brought before the Court of First              — infringed the Seventh Directive, the effect of the
Instance of the European Communities on 30 December                German scheme being clearly above the nine percent
1994 by Kahn Scheepvaart BV, represented by Thomas                 ceiling permitted under Article 4 of the Seventh
Jestaedt, Rechtsanwalt of Diisseldorf, of the law firm             Directive,
Droste, and T. R. Ottervanger of the Rotterdam Bar, of
Loeff Claeys Verbeke, with an address for service in           — breached obligations under Article 93 (2) of the EC
Luxembourg at the Chambers of Carlos Zeyen, 67, Rue                Treaty to open formal review proceedings in respect
Ermesinde.
                                                                   of aid schemes whose compatibility with the common
The applicant claims that the Court should :                       market is in doubt, and
— annul the Decision of the Commission of the 25               — breached obligations under Article 190 of the EC
    October 1994 on aid granted by the German                      Treaty, in so far as it has failed to give proper
     Government for the building of two vessels,                   grounds for the decision.