CELEX: C2005/217/30
Language: en
Date: 2005-09-03 00:00:00
Title: Judgment of the Court (Third Chamber) of 21 July 2005 in Case C-71/04: Reference for a preliminary ruling from the Tribunal Supremo in Administración del Estado v Xunta de Galicia (State aid — Article 93(3) of the EC Treaty (now Article 88(3) EC) — Scheme of aid to shipbuilding and ship conversion falling outside the scope of Directive 90/684/EEC — Failure to give prior notification — Article 92(1) of the EC Treaty (now Article 87(1) EC) — Concept of State aid — Effect on trade between Member States)

3.9.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 217/16
            
         
      JUDGMENT OF THE COURT
   
   (Third Chamber)
   of 21 July 2005
   in Case C-71/04: Reference for a preliminary ruling from the Tribunal Supremo in Administración del Estado v Xunta de Galicia (1)
   
   (State aid - Article 93(3) of the EC Treaty (now Article 88(3) EC) - Scheme of aid to shipbuilding and ship conversion falling outside the scope of Directive 90/684/EEC - Failure to give prior notification - Article 92(1) of the EC Treaty (now Article 87(1) EC) - Concept of State aid - Effect on trade between Member States)
   (2005/C 217/30)
   Language of the case: Spanish
   In Case C-71/04: REFERENCE for a preliminary ruling under Article 234 EC from the Tribunal Supremo (Spain), made by decision of 22 December 2003, received at the Court on 16 February 2004, in the proceedings between Administración del Estado and Xunta de Galicia — the Court (Third Chamber), composed of A. Rosas, President of the Chamber, J. P. Puissochet, S. von Bahr, U. Lõhmus and A. Ó Caoimh (Rapporteur), Judges; F.G. Jacobs, Advocate General; R. Grass, Registrar, gave a judgment on 21 July 2005, in which it ruled:
   The Commission of the European Communities must be given prior notification, pursuant to Article 93(3) of the EC Treaty (now Article 88(3) EC), of a scheme of aid to shipbuilding and ship conversion such as that set up by Decree No 217/1994 of 23 June 1994, which does not fall within the scope of Council Directive 90/684/EEC of 21 December 1990 on aid to shipbuilding, if it is established that the scheme is capable of itself of giving rise to the grant of State aid within the meaning of Article 92(1) of the EC Treaty (now, after amendment, Article 87(1) EC). It is for the national court, in cases of infringement of Article 93(3) of the EC Treaty, to draw the necessary consequences, in accordance with its national law, with regard to both the validity of the acts giving effect to the aid and the recovery of financial support granted in disregard of that provision.
   
      (1)  OJ C 94 of 17.04.2004.