CELEX: C2000/047/53
Language: en
Date: 2000-02-19 00:00:00
Title: Case T-272/99: Action brought on 3 November 1999 by Territorio Histórico de Bizkaia, Bizkaiko Foru Aldundia — Diputación Foral de Bizkaia against Commission of the European Communities

C 47/30                 EN                    Official Journal of the European Communities                                       19.2.2000
The applicant claims that the Court of First Instance should:            Action brought on 3 November 1999 by Territorio
                                                                         Histórico de Alava, Arabako Foru Aldundia — Diputación
                                                                         Foral de Alava against Commission of the European
— Annul the Commission decision of 14 July 1999 in so far                                             Communities
    as it classifies as State aid within the meaning of Article 87
    EC the tax credit provided for in Norma Foral de Gipuzkoa
    (Gipuzkoa Regional Law) No 7/1997 of 22 December                                                (Case T-271/99)
    1997;
                                                                                                     (2000/C 47/52)
— Order the Commission to pay the costs in their entirety.
                                                                                              (Language of the case: Spanish)
                                                                         An action against the Commission of the European Communi-
Contentions and principal arguments adduced in support
                                                                         ties was brought before the Court of Justice on 3 November
                                                                         1999 by Territorio Histórico de Alava, Arabako Foru Aldundia
                                                                         — Diputación Foral de Alava, Alava (Spain), represented by
In support of its claims, the applicant submits that, in the             Antonio Creus Carreras and Begoña Uriarte Valiente, of
contested decision, the Commission:                                      the Barcelona and Madrid Bars respectively, of Cuatrecasas
                                                                         Abogados, 60 Av. de Cortenbergh, Brussels.
— misinterprets the concept of State aid appearing in
    Article 87(1) EC in taking the view that the tax credit              The applicant claims that the Court of First Instance should:
    provided for in the abovementioned Norma Foral de
    Gipuzkoa constitutes a measure of a selective nature and             — Annul the Commission decision of 14 July 1999 in so far
    therefore State aid; in the applicant’s view, the tax credit              as it classifies as State aid within the meaning of Article 87
    constitutes a measure of a general nature since it applies to             EC the tax credit provided for in Norma Foral de Alava
    all economic operators alike, provided that they meet the                 (Alava Regional Law) No 22/1994 of 20 December 1994,
    requirements laid down in that instrument, which are                      as amended;
    objective and non-discriminatory; even if the measure in
    question were in some degree selective, it would be                  — Order the Commission to pay the costs in their entirety.
    justified by the nature of the system, since the latter is
    non-discriminatory in its scope, being based on objective
    and horizontal conditions or criteria, and it also contributes       Contentions and principal arguments adduced in support
    to the efficiency of the tax system of which it forms part;
                                                                         The pleas in law and main arguments are identical with those
— misinterprets Article 87 EC in considering that State aid              used in T-269/99.
    exists where there has been no proof of distortion of
    competition or of any impact on trade between Member
    States, as required by that provision;
— mistakenly takes the view that the Spanish authorities
    infringed the obligation of notification laid down in
    Article 88(3) EC;
                                                                         Action brought on 3 November 1999 by Territorio His-
                                                                         tórico de Bizkaia, Bizkaiko Foru Aldundia — Diputación
— has misused its powers by using the State aid procedure                Foral de Bizkaia against Commission of the European
    instead of the procedure provided for by the Community                                            Communities
    legislature (tax harmonisation), under which its powers are
    much more limited since they are shared with the Council
                                                                                                    (Case T-272/99)
    of the European Union;
                                                                                                     (2000/C 47/53)
— has failed to fulfil the obligation to state reasons since it
    has not clarified the points of fact and of law which
    prompted it to classify the contested tax measure as State
                                                                                              (Language of the case: Spanish)
    aid, within the meaning of Article 87 EC.
                                                                         An action against the Commission of the European Communi-
                                                                         ties was brought before the Court of Justice on 3 November
                                                                         1999 by Territorio Histórico de Bizkaia, Bizkaiko Foru Aldun-
                                                                         dia — Diputación Foral de Bizkaia (Spain), represented by
 ---pagebreak--- 19.2.2000                EN                     Official Journal of the European Communities                                        C 47/31
Antonio Creus Carreras and Begoña Uriarte Valiente, of                    of an ‘undertaking’. Each service station or, as the case may be,
the Barcelona and Madrid Bars respectively, of Cuatrecasas                 each legal entity operating a service station should be regarded
Abogados, 60 Av. de Cortenbergh, Brussels.                                 as an undertaking, with the result that the aid granted to each
                                                                           applicant therefor or, as the case may be, to each service
                                                                           station in the present case — which does not exceed the
The applicant claims that the Court of First Instance should:              amount specified in the de minimis rule — falls outside the
                                                                           scope of Article 87(1) EC. Consequently, that provision cannot
— Annul the Commission decision of 14 July 1999 in so far                  be applicable, since the aid in question serves in any event to
     as it classifies as State aid within the meaning of Article 87        maintain competition.
     EC the tax credit provided for in Norma Foral de Bizkaia
     (Biscay Regional Law) No 7/1996 of 26 December 1996
     and the subsequent extension thereof;
                                                                           (1) OJ L 280 of 30.10.1999, p. 87.
— Order the Commission to pay the costs in their entirety.
Contentions and principal arguments adduced in support
The applicant’s contentions are the same as those put forward
in Case T-269/99.
                                                                           Actions brought on 27 October 1999 by De Haan
                                                                           Minerale Oliën B.V. and Others against the Commission
                                                                                           of the European Communities
                                                                                            (Cases T-279/99 to T-284/99)
                                                                                                   (2000/C 47/55)
Actions brought on 27 October 1999 by Autoservice J.
van Deursen B.V. and Others against the Commission of
                    the European Communities
                                                                                              (Language of the case: Dutch)
                   (Cases T-273/99 to T-278/99)
                                                                           Actions against the Commission of the European Communities
                                                                           were brought before the Court of First Instance of the European
                            (2000/C 47/54)                                 Communities on 27 October 1999 by De Haan Minerale Oliën
                                                                           B.V., of Alblasserdam (Netherlands), and others, represented
                                                                           by M.J.C. Deriks, of the Rotterdam Bar.
                      (Language of the case: Dutch)
                                                                           The applicants claim that the Court should:
Actions against the Commission of the European Communities
were brought before the Court of First Instance of the European            (a) annul the Commission’s decision (C(1999) 2539 final) (1)
Communities on 27 October 1999 by Autoservice J. van                            of 20 July 1999 concerning State aid granted by the
Deursen B.V., of Budel-Schoot (Netherlands), and others,                        Netherlands to 633 service stations in the region bordering
represented by M.J.C. Deriks, of the Rotterdam Bar.                             Germany;
The applicants claim that the Court should:                                (b) order the Commission to pay the costs.
(a) annul the Commission’s decision (C(1999) 2539 final) (1)
     of 20 July 1999 concerning State aid granted by the                   Pleas in law and main arguments
     Netherlands to 633 service stations in the region bordering
     Germany;
                                                                           The pleas in law and main arguments are the same as in Cases
(b) order the Commission to pay the costs.                                 T-273/99 to T-278/99.
Pleas in law and main arguments                                            (1) OJ L 280 of 30.10.1999, p. 87.
This case corresponds to Case T-210/99. The applicants claim
inter alia that the Commission has misinterpreted the concept