CELEX: C1999/333/65
Language: en
Date: 1999-11-20 00:00:00
Title: Case T-190/99: Action brought on 24 August 1999 by SNIACE S.A. against the Commission of the European Communities

20.11.1999             EN                    Official Journal of the European Communities                                      C 333/27
Grounds for annulment and main arguments                                Guarantee Fund) (FOGASA), of the other part. Those agree-
                                                                        ments, which are based fundamentally on a reduction in the
The decision of the selection board to cancel certain of the            rate of interest normally applicable to loans granted by those
                                                                        two bodies, are intended to facilitate the scheduling and
questions in test (b), giving instructions to the markers not to
                                                                        deferment of repayment of the debts due to them.
take them into account and to readjust the weight attached to
the questions which remained valid on completion of that test,
altered the rules and the conditions which the selection                SNIACE considers that the contested decision is vitiated by a
board had itself originally laid down for the conduct of the            manifest error of assessment, inasmuch as the alleged aid
competition.                                                            received by it does not constitute State aid, does not affect
                                                                        trace between Member States and does not distort or threaten
                                                                        to distort competition in the single market.
The grounds given for Decisions 21.06.99/IX.A2./023 and
IX.A.2 D(98)/500R-EL 501502 were insufficient.
                                                                        Second, the applicant undertaking maintains that it has acted
                                                                        in accordance with the rules in force in the Kingdom of Spain;
                                                                        those rules are applicable to all undertakings which find
                                                                        themselves in any of the situations specified therein, and not
                                                                        to any specific undertakings or sectors. Thus, the measures
                                                                        criticised by the Commission are, in reality, agreements
                                                                        concluded pursuant to the provisions of labour law and social
                                                                        security law. In particular, the recovery of debts owed by
Action brought on 24 August 1999 by SNIACE S.A.                         undertakings to the Tesorerı́a General de la Seguridad Social
  against the Commission of the European Communities                    (General Social Security Treasury) in the event of non-payment
                                                                        of contributions is governed by the General Law on Social
                         (Case T-190/99)                                Security. It therefore involves measures of general application
                                                                        forming part of a system already in existence, in respect of
                                                                        which the Member States possess exclusive competence and
                        (1999/C 333/65)                                 on which the Commission has not expressed a view pursuant
                                                                        to Article 88(1) EC. In addition, as regards FOGASA, that body
                                                                        bears a responsibility for guaranteeing the payment of salaries
                  (Language of the case: Spanish)                       which forms an integral part of the essential provisions of
                                                                        contracts of employment.
An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the              Lastly, the applicant states that the sole purpose of the alleged
European Communities on 24 August 1999 by SNIACE S.A.,                  aid is to facilitate the recovery of labour-related debts and
established in Madrid, represented by Fernando Rodrı́guez               debts owed to the Social Security Treasury; consequently, it
Carretero, Miguel Angel Gómez de Liaño Botella and José Luis          cannot be said that the criteria enabling it to be characterised
Baró Fuentes, of the Madrid Bar, with an address for service in        as State aid have been fulfilled, since it neither emanates from
Luxembourg at the Chambers of Alain Lorang, 2 Rue Dahlias.              State funds nor reduces the lever of those funds.
The applicant claims that the Court should:
— annul Article 1(a) and (b) of the decision of the Com-
    mission of 28 October 1998;
— annul Article 2 of the decision of the Commission of
                                                                        Action brought on 1 September 1999 by WM. Wrigley
    28 October 1998 inasmuch as it requires the Kingdom of
                                                                        JR. Company against the Office for Harmonisation in the
    Spain to take the necessary measures to recover from the
                                                                                                 Internal Market
    recipient the aid referred to in Article 1 and unlawfully
    made available to it;
                                                                                                (Case T-193/99)
— order the European Commission to pay to SNIACE all
    of the costs incurred by the applicant in the present                                       (1999/C 333/66)
    proceedings.
                                                                                           (Language of the case: English)
Pleas in law and main arguments
                                                                        An action against the Office for Harmonisation in the Internal
The present action is directed against Commission Decision              Market was brought before the Court of First Instance of the
1999/395/EC of 28 October 1998 on State aid implemented                 European Communities on 1 September 1999 by WM. Wrig-
by Spain in favour of SNIACE SA (OJ 1999 L 149 of                       ley JR. Company, having its registered office in Chicago, USA,
16.6.1999, p. 40). The applicant undertaking, which is the              represented by Helmut Eichmann, Gerhard Barth, Ulrich
recipient of the alleged aid, contests the categorisation as aid        Blumenröder, Christa Niklas-Falter and Maximillian Kinkeldey,
of the agreements concluded between that undertaking and                with an address for service in Luxembourg at the office of
the Tesorerı́a de la Seguridad Social (Social Security Treasury),       Pierre Kihn, Office de Brevets, Ernest T. Freylinger, P.O. Box
of the one part, and the Fondo de Garantı́a Salarial (Salary            48, Strassen.