CELEX: C1997/054/35
Language: en
Date: 1997-02-22 00:00:00
Title: Action brought on 12 December 1996 by Società Acciaierie di Bolzano SpA against the Commission of the European Communities (Case T-158/96)

22 . 2 . 97            EN                  Official Journal of the European Communities                                  No C 54/21
                ORDER OF THE PRESIDENT                                — take any other measure necessary or which it considers
           OF THE COURT OF FIRST INSTANCE                                  appropriate or equitable,
                      of 11 December 1996
in Case T-235/95 R II: Anthony Goldstein v. Commission                — order the Commission to pay the costs .
                 of the European Communities
(Competition — Interim measures — Interlocutory                       Pleas in law and main arguments adduced in support:
  proceedings — New application — New facts — None)
                              97/C 54/34 )
                                                                      The applicant contests the decision declaring illegal the aid
                                                                      which it received under Provincial Law No 25 of the
                (Language of the case: English)                       Province of Bolzano (' the Province') of 8 September 1981
                                                                      on financial assistance for industry inasmuch as, first, it
                                                                      had not been notified prior to its award and, secondly, it
In Case T-235/95 R II : Anthony Goldstein, a medical                  is incompatible with the common market within the
practitioner residing in London , represented by Raymond              meaning of Article 4 ( c ) of the ECSC Treaty. The aid at
St John Murphy, Solicitor, against Commission of the                  issue consists specifically of six resolutions of the Province
European Communities ( Agent : Richard Lyal ) — further               covering the period from 14 December 1983 to 4 July
application for an interlocutory order for interim measures           1988 relating to 10-years loans granted at a subsidized
— the President of the Court of First Instance made an                rate of interest of 3 % for a total of Lit 25 849 million ,
order on 1 1 December 1996 , the operative part of which              and to capital grants for a total of Lit 22 634 million .
is as follows :
                                                                      The contested decision deems the aid incompatible
1 . The application for interim measures is dismissed.                because , according to the applicant, payment of the loan
                                                                      which constituted the aid took place after the end of
2.   Costs are reserved.                                              validity of Decision 2320/ 81 ( 31 December 1985 ). An
                                                                      aspect which was merely formal thus took on substantive
                                                                      importance because the aid in question was deemed to fall
                                                                      within the scope of the Steel Aid Code which entered into
                                                                      force subsequently (1 January 1986 ). From that point of
                                                                      view, the compatibility of aid granted even 10 years later
                                                                      should be deemed compatible with the legislation in force
Action brought on 12 December 1996 by Societa                         at the time when the decision granting it was taken ,
Acciaierie di Bolzano SpA against the Commission of the               irrespective of whether different rules were in force then
                     European Communities                             or that different conditions were extant which justified the
                                                                      granting of aid . The applicant argues that the
                         ( Case T-158/96 )
                                                                      Commission's conduct is in breach of the principles of
                            ( 97/C 54/35 )                            retroactivity of legislation , good faith , legitimate
                                                                      expectations and legal certainty. The Commission has also
                                                                      breached the principle of proportionality, since even if
                 (Language of the case: Italian)                      repayment is due, the sacrifice involved for the recipient
                                                                      undertaking would be excessive and disproportionate .
An action against the Commission of the European
Communities was brought before the Court of First
                                                                      As regards the lawfulness of the aid with regard to the
Instance of the European Communities on 12 December                   substance, the applicant maintains that the decision which
1996 by Societa Acciaierie di Bolzano SpA, represented by             is the subject-matter of the dispute did not take into
Giulio Macri , of the Milan Bar, Bruno Nascimbene , of the            account the amount or the level of the aid itself, its
Milan Bar, and Massimo Condinanzi, of the Biella Bar,
                                                                      proportion in relation to the actual needs of the
with an address for service in Luxembourg at the
                                                                      undertaking, its effects, which do not distort competition
Chambers of Franco Colussi , 36 rue Wiltz .
                                                                      or affect the conditions of trade, or the conformity of
                                                                      those effects with the common objectives laid down in
The applicant claims that the Court should :                          Decision 2320/81 , which was applicable when the aid in
                                                                      question was granted . In this latter regard the applicant
                                                                      points out the tendency to extend the benefits arising from
— annul Commission Decision No C(96 ) 2064 final of                   the EC Treaty and the ECSC Treaty, thus increasing the
     17 July 1996 ,                                                   consistency between the various Community sub-systems .
— declare non-existent the obligation to repay the State              Finally, the decision is illogical inasmuch as it does not
     aids granted after 1 January 1986 , as provided for in           provide an adequate statement of reasons as regards the
     Article 2 of the contested Decision , and that therefore         determination of the rates of interest .
     no debt has been incurred and, likewise, that no debt
     has been incurred in respect of the interest provided
     for in that Article ,