CELEX: C1998/094/14
Language: en
Date: 1998-03-28 00:00:00
Title: Appeal brought on 16 January 1998 by Azienda Agricola 'Le Canne' Srl, a company incorporated under Italian law, established in Porto Viro, against the judgment delivered on 7 November 1997 by the Court of First Instance of the European Communities in Case T-218/95 between Azienda Agricola 'Le Canne' Srl and Commission of the European Communities (Case C-10/98 P)

28.3.98               EN                 Official Journal of the European Communities                                     C 94/7
Westbroek, Brussels, with an address for service in                 Azienda Agricola Le Canne' Srl, represented by Giulio
Luxembourg at the Chambers of Aloyse May, 31 Grand                  Schiller, Giuseppe Carraro and Francesca Mazzonetto, of
Rue.                                                                the Padua Bar, with an address for service in Luxembourg
                                                                    at the Chambers of the last named, 62 Avenue Guillaume.
The appellants claim that the Court should:
                                                                    The appellant claims that the Court should:
Ð set aside the judgment of the Court of First Instance of
    the European Communities of 24 October 1997 (1) in
                                                                    Ð set aside the contested judgment of the Court of First
    Case T-244/94 Wirtschaftsvereinigung Stahl and
                                                                         Instance and uphold the claims put forward by the
    Others v. Commission,
                                                                         applicant at first instance,
Ð annul Commission Decision 94/259/ECSC of 12 April
    1994 concerning aid to be granted by Italy to the               Ð declare null and void the Commission's                telex
    public steel sector (Ilva group) (OJ L 112, 3.5.1994,                No 12 497 of 27 October 1995,
    p. 64),
                                                                    Ð order the Commission to pay restitution for damage
Ð order the Commission to pay the costs.                                 suffered in the amount set out in the application,
Pleas in law and main arguments adduced in support:                 Ð order the Commission to pay the costs incurred at first
                                                                         instance and in the appeal.
Infringement of Community law by the Court of First
Instance, in that it
                                                                    Pleas in law and main arguments adduced in support:
Ð misinterpreted the validity and scope of the Fifth Steel
    Aid Code,                                                       The applicant maintains that the Court of First Instance
                                                                    was wrong to consider that the principle of collegiality
Ð failed sufficiently to take into account that State               was observed. The Court of First Instance should have
    subsidies are no longer indispensable' to attain               declared the rules of procedure of the Commission
    objectives of the ECSC Treaty if they are granted more          inapplicable in so far as they allowed the acting head of
    than once only,                                                 unit to take the decision in question on his own authority.
Ð took no account of the fact that the contested                    It further maintains that the grounds of the Court of First
    Commission decision discloses a serious error of                Instance as to infringement of the principle of the right to
    assessment by the Commission simply because the                 be heard and infringement of the obligation to provide a
    decision makes its aim the strengthening of the Italian         statement of reasons were erroneous and inconsistent.
    steel industry,
                                                                    Finally, it maintains that the Court of First Instance
Ð proceeded from the incorrect assumption that                      infringed and misapplied Articles 44(1) and 47 of
    Article 4(c) of the ECSC Treaty does not impose a               Regulation (EEC) No 4028/86 (2) and Article 7 of
    strict prohibition of aid, but permits the Community            Regulation (EEC) No 1116/88 (3).
    institutions to approve all aid which may contribute to
    attaining the objectives of the Treaty.
                                                                    (1) OJ C 77, 16.3.1996, p. 11.
                                                                    (2) OJ L 376, 31.12.1986, p. 7.
( ) OJ C 387, 20.12.1997, p. 16.
 1
                                                                    (3) OJ L 112, 30.4.1988, p. 1.
Appeal brought on 16 January 1998 by Azienda Agricola
Le Canne' Srl, a company incorporated under Italian law,           Reference for a preliminary ruling by the Commissione
established in Porto Viro, against the judgment delivered           Tributaria Provinciale di Firenze by order of that court of
on 7 November 1997 by the Court of First Instance of the            23 January 1997 in the case of CSAR Centro Servizi
European Communities in Case T-218/95 between                       Acciai Rivestiti SpA against Direzione Regionale per le
Azienda Agricola Le Canne' Srl and Commission of the               Entrate della Toscana and Ufficio delle Imposte Dirette di
                    European Communities                                                         Firenze
                       (Case C-10/98 P)                                                      (Case C-13/98)
                         (98/C 94/14)                                                         (98/C 94/15)
An appeal against the judgment delivered on 7 November              Reference has been made to the Court of Justice of the
1997 by the Court of First Instance of the European                 European Communities by order of the Commissione Tri-
Communities in Case T-218/95 (1) between Azienda Agri-              butaria Provinciale di Firenze (Provincial Tax Court,
cola Le Canne' Srl and Commission of the European                  Florence) of 23 January 1997, which was received at the
Communities was brought before the Court of Justice of              Court Registry on 20 January 1998, for a preliminary
the European Communities on 16 January 1998 by                      ruling in the case of CSAR Centro Servizi Acciai Rivestiti