CELEX: C2002/323/66
Language: en
Date: 2002-12-21 00:00:00
Title: Case T-328/02: Action brought on 24 October 2002 by Smit Harbour Towage Rotterdam BV against the Commission of the European Communities

C 323/40                EN                     Official Journal of the European Communities                                  21.12.2002
According to the applicants, the contested decision further               2.    In the alternative, annul Articles 2 and 3 of the Com-
infringes the principle of protection of legitimate expectations                mission’s contested decision in which the Commission
and Article 14 of Regulation No 659/1999. According to the                      requires the Netherlands Government to adopt all necess-
applicants, they were entitled to rely on the legality of the aid               ary measures in order to recover aid from the recipients
since it had been approved by the Commission. Recovery of                       — with the exception of aid paid before 12 September
aid received would run counter to the applicants’ legitimate                    1990;
expectations.
                                                                          3.    Order the Commission to pay the costs.
By altering its approach to fiscal measures for maritime
transport, the Commission, in adopting the contested decision,
also infringed the principle of legal certainty. In the applicants’
view, a change in the approach to aid measures cannot result              Pleas and main arguments
in already approved aid being classified as new rather than
existing aid.
                                                                          The pleas relied on are the same as in Case T-326/02.
The applicants are also claiming infringements of the principles
of equal treatment and proportionality and of the requirement
to provide a statement of reasons.
( 1) Council Regulation (EC) No 659/1999 of 20 March 1999 laying
     down detailed rules for the application of Article 93 of the EC
     Treaty (OJ 1999 L 83, p. 1).
( 2) Community guidelines on State aid for maritime transport (OJ
     1997 C 205, p. 5).
                                                                          Action brought on 24 October 2002 by Smit Harbour
                                                                          Towage Rotterdam BV against the Commission of the
                                                                                              European Communities
                                                                                                  (Case T-328/02)
                                                                                                  (2002/C 323/66)
Action brought on 24 October 2002 by Muller Marine
Holding BV, Muller Maritime Holding BV and Handel-
en Scheepvaartmaatschappij Multraschip BV against the                                        (Language of the case: Dutch)
          Commission of the European Communities
                          (Case T-327/02)
                                                                          An action against the Commission of the European Communi-
                                                                          ties was brought before the Court of Justice of the European
                         (2002/C 323/65)
                                                                          Communities on 24 October 2002 by Smit Harbour Towage
                                                                          Rotterdam BV, established in Rotterdam, represented by
                    (Language of the case: Dutch)                         T.R. Ottervanger, with an address for service in Luxembourg.
                                                                          The applicants claim that the Court of First Instance should:
An action against the Commission of the European Communi-
ties was brought before the Court of Justice of the European              1.    Primarily, annul Commission Decision C(2002) 2158 of
Communities on 24 October 2002 by Muller Marine Holding                         19 June 2002 concerning State aid by the Netherlands in
BV, Muller Maritime Holding BV and Handel- en Scheepvaart-                      favour of the activities of Netherlands tugboats in sea
maatschappij Multraschip BV established in Rotterdam, rep-                      harbours and on inland waterways of the Community;
resented by T.R. Ottervanger, with an address for service in
Luxembourg.
                                                                          2.    In the alternative, annul Articles 2 and 3 of the Com-
                                                                                mission’s contested decision in which the Commission
The applicants claim that the Court of First Instance should:                   requires the Netherlands Government to adopt all necess-
                                                                                ary measures in order to recover aid from the recipients
                                                                                — with the exception of aid paid before 12 September
1.     Primarily, annul Commission Decision C(2002) 2158 of
                                                                                1990;
       19 June 2002 concerning State aid by the Netherlands in
       favour of the activities of Netherlands tugboats in sea
       harbours and on inland waterways of the Community;                 3.    Order the Commission to pay the costs.
 ---pagebreak--- 21.12.2002            EN                      Official Journal of the European Communities                                     C 323/41
Pleas and main arguments                                                 Action brought on 24 October 2002 by Wagenborg
                                                                         Sleepdienst BV against the Commission of the European
                                                                                                  Communities
The pleas relied on are the same as in Case T-326/02.
                                                                                                 (Case T-330/02)
                                                                                                 (2002/C 323/68)
Action brought on 24 October 2002 by URS Nederland                                          (Language of the case: Dutch)
BV against the Commission of the European Communities
                        (Case T-329/02)
                        (2002/C 323/67)                                  An action against the Commission of the European Communi-
                                                                         ties was brought before the Court of Justice of the European
                                                                         Communities on 24 October 2002 by Wagenborg Sleepdienst
                   (Language of the case: Dutch)                         BV, established in Rotterdam, represented by T.R. Ottervanger,
                                                                         with an address for service in Luxembourg.
An action against the Commission of the European Communi-
ties was brought before the Court of Justice of the European             The applicants claim that the Court of First Instance should:
Communities on 24 October 2002 by URS Nederland BV,
established in Rotterdam, represented by T.R. Ottervanger,
with an address for service in Luxembourg.                               1.    Primarily, annul Commission Decision C(2002) 2158 of
                                                                               19 June 2002 concerning State aid by the Netherlands in
                                                                               favour of the activities of Netherlands tugboats in sea
The applicants claim that the Court of First Instance should:                  harbours and on inland waterways of the Community;
1.    Primarily, annul Commission Decision C(2002) 2158 of               2.    In the alternative, annul Articles 2 and 3 of the Com-
      19 June 2002 concerning State aid by the Netherlands in                  mission’s contested decision in which the Commission
      favour of the activities of Netherlands tugboats in sea                  requires the Netherlands Government to adopt all necess-
      harbours and on inland waterways of the Community;                       ary measures in order to recover aid from the recipients
                                                                               — with the exception of aid paid before 12 September
2.    In the alternative, annul Articles 2 and 3 of the Com-                   1990;
      mission’s contested decision in which the Commission
      requires the Netherlands Government to adopt all necess-
      ary measures in order to recover aid from the recipients           3.    Order the Commission to pay the costs.
      — with the exception of aid paid before 12 September
      1990;
3.    Order the Commission to pay the costs.
                                                                         Pleas and main arguments
Pleas and main arguments
                                                                         The pleas relied on are the same as in Case T-326/02.
The pleas relied on are the same as in Case T-326/02.