CELEX: C2002/003/70
Language: en
Date: 2002-01-05 00:00:00
Title: Case T-265/01: Action brought on 22 October 2001 by Confederación Empresarial Vasca against Commission of the European Communities

5.1.2002               EN                     Official Journal of the European Communities                                          C 3/41
Pleas in law and main arguments                                          Pleas in law and main arguments
The appointing authority applied Article 46 of the Staff                 The applicant is challenging Commission Decision
Regulations and did not evaluate the applicant’s professional            C(2001)1759 final of 11 July 2001 in so far as it characterises
experience in order to establish whether it would be possible            as State aid incompatible with the common market the tax
for Article 31(2) of the Staff Regulations to be applied in order        reductions under Articles 52 to 56 of the Ley Foral (Regional
to appoint him in Grade A 4 instead of Grade A 5.                        Law) 24/1996 del impuesto sobre sociedades (Regional Law
                                                                         on corporation tax) of 30 December 1996 (Boletı́n Oficial de
                                                                         Navarra No 159 of 31 December 1996) which provide for a
                                                                         reduction of 50 % on the aforementioned tax for undertakings
The appointing authority should have calculated, on the basis
                                                                         which take up business in the Autonomous Community of
of the second paragraph of Article 32(2), his additional
professional experience and placed him at Step 2, and should             Navarra after the entry into force of that Law, provided they
                                                                         invest a minimum of PTA 100 million (EUR 601 012) and
have granted him additional seniority of 5,5 months at Step 2.
                                                                         create more than 10 new jobs.
Deficient statement of reasons.                                          The pleas in law and main arguments on which the applicant
                                                                         relies are similar to those put forward in Case T-225/01.
Action brought on 22 October 2001 by Confederación
Empresarial Vasca against Commission of the European                     Action brought on 22 October 2001 by Confederación
                          Communities                                    Empresarial Vasca against Commission of the European
                                                                                                   Communities
                         (Case T-265/01)
                                                                                                  (Case T-266/01)
                          (2002/C 3/70)
                                                                                                   (2002/C 3/71)
                  (Language of the case: Spanish)
                                                                                            (Language of the case: Spanish)
An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the               An action against the Commission of the European Communi-
European Communities on 22 October 2001 by Confedera-                    ties was brought before the Court of First Instance of the
ción Empresarial Vasca, whose registered office is at Bilbao            European Communities on 22 October 2001 by Confedera-
(Spain, represented by Marcos Araujo Boyd, lawyer.                       ción Empresarial Vasca, whose registered office is at Bilbao
                                                                         (Spain, represented by Marcos Araujo Boyd, lawyer.
The applicant claims that the Court should:
                                                                         The applicant claims that the Court should:
—     annul the decision of the defendant of 11 July 2001 on             —     annul the decision of the defendant of 11 July 2001 on
      the system of State aid applied by Spain to undertakings                 the system of State aid applied by Spain to undertakings
      in Alava in the shape of a tax credit of 45 % of the cost                in Vizcaya in the shape of a tax credit of 45 % of the cost
      of the investment;                                                       of the investment;
—     in the alternative, annul Articles 3 and 4 of the decision         —     in the alternative, annul Articles 3 and 4 of the decision
      of the defendant of 11 July 2001 on the system of State                  of the defendant of 11 July 2001 on the system of State
      aid applied by Spain to undertakings in Alava in the                     aid applied by Spain to undertakings in Vizcaya in the
      shape of a tax credit of 45 % of the cost of the investment,             shape of a tax credit of 45 % of the cost of the investment,
      inasmuch as the obligation to recover the amounts not                    inasmuch as the obligation to recover the amounts
      levied by the Alava regional revenue authorities pursuant                not levied by the Vizcaya regional revenue authorities
      to the disputed fiscal legislation is unjustified;                       pursuant to the disputed fiscal legislation is unjustified;
—     order the Commission to pay the costs.                             —     order the Commission to pay the costs.