CELEX: C2004/021/74
Language: en
Date: 2004-01-24 00:00:00
Title: Order of the President of the Court of First Instance of 20 October 2003 in Case T-46/03 R: Leali SpA v Commission of the European Communities (Application for interim measures — Competition — Payment of fine — Bank guarantee — Urgency — None)

24.1.2004              EN                          Official Journal of the European Union                                           C 21/35
ORDER OF THE PRESIDENT OF THE COURT OF FIRST                               Coberco Dairy Foods Holding N.V., established in Meppel
                            INSTANCE                                       (Netherlands), represented by Erik H. Pijnacker Hordijk.
                       of 20 October 2003
                                                                           The applicant claims that the Court should:
in Case T-46/03 R: Leali SpA v Commission of the
                    European Communities
                                                                           1)    annul Article 2 of Commission Decision of 17 February
(Application for interim measures — Competition — Pay-                           2003 on the State aid implemented by the Netherlands
    ment of fine — Bank guarantee — Urgency — None)                              for international financing of activities (2003/515/EC) in
                                                                                 so far as it is decided that undertakings which as at
                                                                                 11 July 2001 had already lodged a request with the tax
                          (2004/C 21/74)                                         authority for application of the gfa scheme, but in respect
                                                                                 of which no formal decision had yet been taken, would
                                                                                 not be eligible for the transitional scheme;
                   (Language of the case: Italian)
                                                                           2)    order the Commission to bear its own costs and to pay
                                                                                 those of the applicant.
In Case T-46/03 R: Leali Spa, whose registered office is in
Odolo (Italy), represented by G. Belotti and G. Vezzoli, lawyers,
supported by the Italian Republic (Agent: I.M. Braguglia)
against the Commission of the European Communities
(Agents: L. Pignataro and A. Whelan) — application for
suspension of operation of the Commission decision of
                                                                           Pleas in law and main arguments
17 December 2002 relating to a proceeding under Article 65
CS (COMP/37.956 — concrete-reinforcing bars), inasmuch as
it imposes upon the applicant, jointly and severally with
Acciaierie e Ferriere Leali Luigi SpA, in liquidation, a fine of
EUR 6,093 million and, solely upon the applicant, a fine of                On 27 December the applicant lodged a request with the
EUR 1,082 million, the President of the Court of First Instance            Netherlands tax authority to set up a reserve with effect from
made an order on 20 October 2003, the operative part of                    1 January 2000 on the basis of the scheme concerning
which is as follows:                                                       international financing activities (the gfa scheme).
1.   The application for interim measures is dismissed.
                                                                           In the contested decision (1) the Commission found that the
2.   Costs are reserved.
                                                                           gfa scheme was aid that was incompatible with the common
                                                                           market and ordered the Netherlands Government to abolish
                                                                           the scheme. In addition the contested decision provides for a
                                                                           transitional scheme. The Commission subsequently, in an
                                                                           answer to a question from the Netherlands Government,
                                                                           indicated that this transitional scheme does not apply for
                                                                           undertakings which, like the applicant, had in fact lodged a
                                                                           request for application of the gfa scheme before 11 April 2003
Action brought on 10 October 2003 by Friesland Coberco                     but where no decision had yet been taken on that request. The
Dairy Foods Holding N.V. against the Commission of the                     Netherlands tax authority then rejected the applicant’s request.
                    European Communities
                         (Case T-348/03)
                                                                           In support of its application, the applicant pleads infringement
                                                                           of general principles of Community law, including the prin-
                          (2004/C 21/75)                                   ciple of equal treatment and the principle of protection of
                                                                           legitimate expectations. According to the applicant, the general
                                                                           principles of Community law preclude the restriction of the
                   (Language of the case: Dutch)                           transitional scheme to undertakings in respect of which a
                                                                           decision had been taken as at 11 July 2001. By virtue of that
                                                                           restriction, undertakings which at that moment had a request
                                                                           pending before the tax authority for permission to set up a
An action against the Commission of the European Communi-                  reserve, and which were therefore just as much entitled to
ties was brought before the Court of First Instance of the                 expect that the gfa scheme was compatible with the Treaty,
European Communities on 10 October 2003 by Friesland                       are being treated differently without any objective justification.