CELEX: C2000/006/43
Language: en
Date: 2000-01-08 00:00:00
Title: Case T-215/99: Action brought on 29 September 1999 by Autoservice Fermans Exclusive B.V. against the Commission of the European Communities

8.1.2000               EN                    Official Journal of the European Communities                                       C 6/23
Action brought on 20 September 1999 by J.H. Gankema,                    Action brought on 22 September 1999 by Borrekuil B.V.
trading as Bovanda Oil, against the Commission of the                     against the Commission of the European Communities
                    European Communities
                                                                                                (Case T-211/99)
                         (Case T-210/99)
                                                                                                 (2000/C 6/42)
                          (2000/C 6/41)
                                                                                           (Language of the Case: Dutch)
                   (Language of the Case: Dutch)                        An action against the Commission of the European Communi-
                                                                        ties was brought before the Court of First Instance of the
                                                                        European Communities on 22 September 1999 by Borrekuil
                                                                        B.V., of Beek (Netherlands), represented by P.W.A.M. van Roy,
An action against the Commission of the European Communi-               of the Beek Bar.
ties was brought before the Court of First Instance of the
European Communities on 20 September 1999 by J.H. Ganke-
ma, trading as Bovanda Oil, of Veendam (Netherlands),                   The applicant claims that the Court should:
represented by E. Maas, of the Groningen Bar.
                                                                        — annul the Commission’s decision (C(1999) 2539 final) (1)
                                                                            of 20 July 1999 concerning State aid granted by the
The applicant claims that the Court should annul the Com-                   Netherlands to 633 service stations in the region bordering
mission’s decision (C(1999) 2539 final) (1) of 20 July 1999                 Germany, and order that no demand for repayment should
concerning State aid granted by the Netherlands to 633 service              be made;
stations in the region bordering Germany, and declare that the
subsidy granted to Bovanda Oil is not contrary to any                   — order the Commission to pay the costs.
European legislation.
                                                                        Pleas in law and main arguments
Pleas in law and main arguments
                                                                        The pleas in law and main arguments are the same as in Case
                                                                        T-210/99.
The contested decision provides inter alia that the Netherlands
should reclaim the subsidies granted to 450 service stations in         (1) OJ L 280 of 30.10.1999, p. 87.
the vicinity of the German border, including that of the
applicant, by way of compensation for an increase in excise
duty introduced in the Netherlands with effect from 1 July
1997. As regards certain of those service stations, the Com-
mission took the view that the Netherlands had not provided
any, or any sufficient, information concerning the relationships
and links between owners and suppliers showing that the aid
could have no appreciable effect on trade and competition
between Member States.                                                  Action brought on 29 September 1999 by Autoservice
                                                                        Fermans Exclusive B.V. against the Commission of the
                                                                                            European Communities
The applicant operates, for his own account and at his own
risk, a service station belonging to him. He states that he has                                 (Case T-215/99)
no link with any particular fuel supplier, and that the subsidy
granted to him therefore likewise falls within the de minimis
rule (2).                                                                                        (2000/C 6/43)
                                                                                           (Language of the Case: Dutch)
(1) OJ L 280 of 30.10.1999, p. 87.
(2) Commission notice, OJ 1996 C 68, p. 9.
                                                                        An action against the Commission of the European Communi-
                                                                        ties was brought before the Court of First Instance of the
                                                                        European Communities on 29 September 1999 by Autoservice
                                                                        Fermans Exclusive B.V., of Amstenrade (Netherlands), rep-
                                                                        resented by H.F.A Bronneberg, of the Geelen Bar.
 ---pagebreak--- C 6/24                 EN                    Official Journal of the European Communities                                      8.1.2000
The applicant claims that the Court should:                             Action brought on 30 September 1999 by Anton Dürbeck
                                                                        GmbH against the Commission of the European Com-
— annul the Commission’s decision (C(1999) 2539 final) (1)                                           munities
    of 20 July 1999 concerning State aid granted by the
    Netherlands to 633 service stations in the region bordering
    Germany, and order that no demand for repayment should                                       (Case T-218/99)
    be made;
— alternatively, decide the matter in such way as the Court                                       (2000/C 6/45)
    shall consider to be fair and reasonable;
— order the Commission to pay the costs.
                                                                                           (Language of the Case: German)
Pleas in law and main arguments
                                                                        An action against the Commission of the European Communi-
The pleas in law and main arguments are the same as in Case             ties was brought before the Court of First Instance of the
T-210/99.                                                               European Communities on 30 September 1999 by Anton
                                                                        Dürbeck GmbH, Frankfurt am Main, Germany, represented by
                                                                        Gert Meier, Rechtsanwalt, Berrenrather Strasse 313, Cologne.
(1) OJ L 280 of 30.10.1999, p. 87.
                                                                        The applicant claims that the Court should:
                                                                        1. annul, on the ground of infringement of the Treaty, the
                                                                             Commission decision of 28 July 1999 on the adoption of
Action brought on 30 September 1999 by Ter Huurne’s                          transitional measures in favour of A. Dürbeck within the
Handelsmaatschappij B.V. against the Commission of the                       framework of the common organisation of the market in
                    European Communities                                     bananas;
                        (Case T-216/99)
                                                                        2. order the Commission to pay the costs.
                          (2000/C 6/44)
                   (Language of the Case: Dutch)                        Pleas in law and main arguments
An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the              By the contested decision, the Commission refused to award
European Communities on 30 September 1999 by Ter Huur-                  the applicant additional licences for the import of
ne’s Handelsmaatschappij B.V., of Haaksbergen (Netherlands),            25 000 tonnes of bananas from third countries because a case
represented by H.C. van der Sijs, of the Enschede Bar, with an          of hardship was not present, the applicant’s current situation
address for service in Luxembourg at the Registry of the Court          was already to be regarded as balanced and that situation
of First Instance, Kirchberg.                                           could, moreover, have been foreseen.
The applicant claims that the Court should:
                                                                        The applicant complains that Article 30 of Regulation
— annul the Commission’s decision (C(1999) 2539 final) (1)              No 404/93 (1) has been infringed.
    of 20 July 1999 concerning State aid granted by the
    Netherlands to 633 service stations in the region bordering
    Germany;                                                            According to the applicant, the hardship to be offset consists
                                                                        in its inability to import the bananas covered by the contract
— order the Commission to pay the costs.                                which it concluded in 1991 with the enterprise Consultban in
                                                                        Machala, Ecuador for the weekly marketing of 100 000 to
                                                                        150 000 crates of bananas. It has also lost licences in respect
Pleas in law and main arguments                                         of 14 312 tonnes of bananas as a result of the change in
                                                                        the reference period pursuant to Article 4(2) of Regulation
The pleas in law and main arguments are the same as in Case             No 2362/98 (2). The ensuing loss of 75 % of its import rights
T-210/99.                                                               has caused the applicant serious difficulties and has practically
                                                                        meant its elimination from the market. The loss amounts to
                                                                        DM 3 578 000, that is to say double its share capital. Under
(1) OJ L 280 of 30.10.1999, p. 87.
                                                                        Article 30 of Regulation No 404/93 the defendant is obliged
                                                                        to compensate for the hardship which has been caused by
                                                                        Regulation No 2362/98.