CELEX: C2001/331/47
Language: en
Date: 2001-11-24 00:00:00
Title: Case T-226/01: Action brought on 25 September 2001 by CAS Succhi di Frutta SpA against the Commission of the European Communities

24.11.2001            EN                       Official Journal of the European Communities                                     C 331/29
     —     If the Commission were to apply such reasoning                 Pleas in law and main arguments
           generally to all fiscal legislation, it would arrive at
           the absurd conclusion that any change in the fiscal
           burden constitutes State aid.                                  The applicant has brought the present action against the
                                                                          Commission in order to seek compensation for the damage
     —     If the Commission carried its reasoning to its final           allegedly suffered as a result of the decisions adopted in the
           logical conclusion, the result would be that any               context of the tender procedure opened in relation to the
           variation within the regulatory framework in which             supply of fruit juice and fruit jams intended for the people of
           undertakings operate would constitute State aid.               Armenia and Azerbaijan under Commission Regulation (EC)
                                                                          No 228/96 of 7 February 1996 on the supply of fruit juice
                                                                          and fruit jams intended for the people of Armenia and
(c)  The applicant refutes the charge that the measures at                Azerbaijan (OJ 1996 L 30, p. 18), in particular decision
     issue are selective and specific in nature, since, first, the        C(96)1916 of 22 July 1996 and decision C(96)2208 of
     legislation is general in nature, not favouring a particular         6 September 1996.
     undertaking or sector over another and, secondly, the
     authority competent to apply it does not enjoy any
     discretion but can instead merely ascertain on a case-by-            Those decisions allowed for the substitution of the fruit
     case basis whether the conditions laid down for triggering           provided for in the tender, with no legal basis nor a supraven-
     the fiscal advantages are met.                                       ing request for it.
                                                                          Both decisions were challenged by the applicant (Joined Cases
                                                                          T-191/96 and T-106/97) (1) before the Court of First Instance
                                                                          which, by judgment of 14 October 1999, annulled the decision
                                                                          of 6 September 1996, declaring the action brought in Case
                                                                          T-106/97 inadmissible on the ground that it was out of time.
Action brought on 25 September 2001 by CAS Succhi di
Frutta SpA against the Commission of the European                         The pleas in law and main arguments are similar to those put
                         Communities                                      forward in the abovementioned cases.
                        (Case T-226/01)                                   (1) [1999] ECR II-3181.
                        (2001/C 331/47)
                   (Language of the case: Italian)
                                                                          Action brought on 25 September 2001 by Territorio
                                                                          Histórico de Alava — Excma. Diputación de Alava, and
An action against the Commission of the European Communi-
                                                                          the Comunidad autónoma del Paı́s Vasco — Gobierno
ties was brought before the Court of First Instance of the
                                                                          Vasco against Commission of the European Communities
European Communities on 25 September 2001 by CAS Succhi
di Frutta SpA, represented by Gian Michele Roberti and
Francesco Sciaudone, lawyers.                                                                     (Case T-227/01)
                                                                                                  (2001/C 331/48)
The applicant claims that the Court should:
                                                                                            (Language of the case: Spanish)
—    find that the Commission has incurred non-contractual
     liability by adopting the decisions of 22 July and of
     6 September 1996,
                                                                          An action against the Commission of the European Communi-
—    declare that the applicant suffered damage as a result of            ties was brought before the Court of First Instance of the
     those decisions amounting to ITL 2 682 049 410,                      European Communities on 25 September 2001 by the Territo-
                                                                          rio Histórico de Alava — Excma. Diputación de Alava, and the
                                                                          Comunidad autónoma del Paı́s Vasco — Gobierno Vasco,
—    order the Commission to pay the costs.                               Alava (Spain), represented by Ramón Falcón, lawyer.