CELEX: C1998/340/30
Language: en
Date: 1998-11-07 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 16 September 1998 in Case T-188/95: Waterleiding Maatschappij 'Noord-West Brabant' NV v. Commission of the European Communities (State aids - Tax exemptions - Refusal to open the procedure laid down by Article 93(2) of the Treaty - Meaning of person concerned - Confirmatory act - Inadmissibility)

7.11.98               EN               Official Journal of the European Communities                                 C 340/17
  JUDGMENT OF THE COURT OF FIRST INSTANCE                           JUDGMENT OF THE COURT OF FIRST INSTANCE
                    of 15 September 1998                                              of 16 September 1998
                                                                  in Case T-188/95: Waterleiding Maatschappij Noord-
in Case T-140/95: Ryanair Limited v. Commission of the            West Brabant' NV v. Commission of the European
                 European Communities (1)                                                Communities (1)
(State aid Ð Formal investigation procedure under                 (State aids Ð Tax exemptions Ð Refusal to open the
Article 93(2) of the Treaty Ð Conditional decision                procedure laid down by Article 93(2) of the Treaty Ð
approving aid in the form of a capital injection to be            Meaning of person concerned Ð Confirmatory act Ð
carried out in tranches Ð Precondition of payment of the                                  Inadmissibility)
second tranche not satisfied Ð Subsequent decision
                                                                                           (98/C 340/30)
authorising payment of the second tranche Ð Action for
                         annulment)
                                                                                 (Language of the case: Dutch)
                        (98/C 340/29)
                                                                  In Case T-188/95: Waterleiding Maatschappij Noord-
                                                                  West Brabant' NV, with its registered office at
                                                                  Oudenbosch (Netherlands), represented by P. H. L. M.
               (Language of the case: English)                    Kuypers of the Breda Bar and H. M. Gilliams of the
                                                                  Brussels Bar, with an address for service in Luxembourg at
                                                                  the Chambers of J.-M. Bauler, 47 Grand-rue, against
                                                                  Commission of the European Communities (Agent: H. van
In Case T-140/95: Ryanair Limited, established in Dublin,         Vliet), supported by Kingdom of the Netherlands (Agents:
represented by Trevor Soames and Alan Ryan, Solicitors,           M. Fierstra and J. S. van den Oosterkamp) Ð application
with an address for service in Luxembourg at the                  for the annulment of the Commission's Decision SG(95)
Chambers of Arendt and Medernach, 8Ð10 rue Mathias                D/8442 of 3 July 1995 concerning Aid No NN 13/95 Ð
Hardt, against Commission of the European Communities             Netherlands Ð Wet belastingen op milieugrondslag Ð the
(Agents: Nicholas Khan and Anders Christian Jessen),              Court of First Instance (Fourth Chamber, Extended
supported by Ireland (Agents: Michael Buckley and Joseph          Composition), composed of: P. Lindh, President, R.
Finnegan) and by Aer Lingus Group plc, established in             García-Valdecasas, K. Lenaerts, J. D. Cooke and M.
Dublin, represented by Paul Gallagher SC, of the Irish Bar,       Jaeger, Judges; A. Mair, Administrator, for the Registrar,
and by James O'Dwyer and Patrick McGovern, Solicitors,            has given a judgment on 16 September 1998, in which it:
with an address for service in Luxembourg at the
Chambers of Maître ReneÂ Faltz, 6 rue Heine Ð
application for annulment of the Commission decision of           1. dismisses the application as inadmissible;
21 December (OJ C 399 of 31.12.1994, p. 1), authorising
the Irish Government to pay the second tranche of the aid         2. orders the applicant to bear its own costs and those
to the Aer Lingus group approved by Commission                        incurred by the Commission;
Decision 94/118/EC of 21 December 1993 concerning aid
to be provided by the Irish Government to the Aer Lingus
                                                                  3. orders the Kingdom of the Netherlands to bear its
group (OJ L 54 of 25.2.1994, p. 30) Ð the Court of First
                                                                      own costs.
Instance (Second Chamber, Extended Composition),
composed of: A. Kalogeropoulos, President, C. P. BrieÈt,
C. W. Bellamy, A. Potocki and J. Pirrung, Judges; A. Mair,        (1) OJ C 333 of 9.12.1995.
Administrator, for the Registrar, has given a judgment on
15 September 1998, in which it:
1. dismisses the application;                                       JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                      of 15 September 1998
                                                                  in Case T-95/96: Gestevisión Telecinco SA v. Commission
2. orders the applicant to pay the costs incurred by the                        of the European Communities (1)
    Commission and Aer Lingus Group plc;
                                                                  (State aid Ð Public service television Ð Complaint Ð
                                                                  Action for declaration of failure to act Ð Commission's
                                                                  duty to investigate Ð Time-limit Ð Procedure under
                                                                              Article 93(2) Ð Serious difficulties)
3. orders Ireland to bear its own costs.
                                                                                           (98/C 340/31)
(1) OJ C 248 of 23.9.1995.                                                      (Language of the case: Spanish)
                                                                  In Case T-95/96: Gestevisión Telecinco SA, a company
                                                                  governed by Spanish law, established in Madrid (Spain),