CELEX: C2000/302/74
Language: en
Date: 2000-10-21 00:00:00
Title: Case T-216/00: Action brought on 21 August 2000 by Antena 3 de Televisión, S.A. against the Commission of the European Communities

C 302/32               EN                     Official Journal of the European Communities                                     21.10.2000
—     Error in the reasoning;                                            Action brought on 23 August 2000 by Cooperativa Mare
                                                                         Azzurro scrl and Others against Commission of the
—     The Commission unlawfully concluded that, notwith-                                    European Communities
      standing a marked upward trend, the market in question
      is in decline;
                                                                                                  (Case T-218/00)
—     The decision is vitiated in so far as it uses a mean annual
      rate for the entire manufacturing industry equivalent
      to 5,78%;                                                                                   (2000/C 302/75)
—     The Commission failed to notify the applicant of the
      principal facts underlying its decision in regard to the use
      of the coefficient of 0,75.                                                          (Language of the case: Italian)
                                                                         An action against the Commission of the European Communi-
                                                                         ties was brought before the Court of First Instance of the
                                                                         European Communities on 23 August 2000 by Cooperativa
                                                                         Mare Azzurro scrl and Others, represented by Giuseppe
                                                                         Boscolo, of the Venice Bar.
Action brought on 21 August 2000 by Antena 3 de
Televisión, S.A. against the Commission of the European                 The applicants claim that the Court should:
                          Communities
                                                                         —     annul wholly or, in the alternative, in part the contested
                         (Case T-216/00)                                       decision and/or in any event declare the contested
                                                                               decision to be of no effect in respect of the applicants
                         (2000/C 302/74)                                       and furthermore order the defendant to pay the costs.
                   (Language of the case: Spanish)
                                                                         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               The applicants in the present case, cooperatives which provide
European Communities on 21 August 2000 by Antena 3 de                    services to several hundred small fishing undertakings
Televisión, established in Madrid, represented by Fernando              operating from Venice and Chioggia, challenge the contested
Pombo Garcı́a, Emiliano Garayar Gutiérrez and Rosario Alonso             decision of 25 November 1999 on aid to firms in Venice and
Pérez-Villanueva, lawyers.                                               Chioggia by way of relief from social security contributions
                                                                         under Laws Nos 30/1997 and 206/1995 (1).
The applicant claims that the Court should:
—     annul Commission Decision 2000/400/EC of 10 May                    That decision declares certain aid received by those undertak-
      2000 (‘Eurovision’); and                                           ings to be incompatible with the common market.
—     order the Commission to pay all the costs incurred by
      Antena 3 de Televisión, S.A. in the present proceedings.          In support of their application, the applicants claim that:
                                                                         —     The Commission did not find that the aid in question
Pleas in law and main arguments                                                constitutes an arrangement for a three-year period and
                                                                               is thus not recoverable under Article 15 of Council
The pleas in law and main arguments are the same as those                      Regulation (EC) No 659/1999 of 22 March 1999 laying
put forward in Case T-185/00 Métropole Télévision M 6 (1).                     down detailed rules for the application of Article 93 of
                                                                               the EC Treaty (2).
(1) Not yet published.
                                                                         —     The contested decision fails to take into account the
                                                                               situation concerning rents and occupancy in Chioggia’s
                                                                               old town, inasmuch as it does not apply the derogation
                                                                               provided for in Article 87(3)(a) of the Treaty.