CELEX: C2000/020/51
Language: en
Date: 2000-01-22 00:00:00
Title: Case T-246/99: Action brought on 19 October 1999 by Tirrenia di Navigazione SpA and Others against Commission of the European Communities

22.1.2000             EN                       Official Journal of the European Communities                                         C 20/25
— the contested decision threatens now, at a distance of                  Action brought on 19 October 1999 by Tirrenia di
    years, to undermine the balance achieved and to recreate              Navigazione SpA and Others against Commission of the
    the dangers previously pre-empted by the action taken by                                  European Communities
    the Italian authorities.
                                                                                                  (Case T-246/99)
                                                                                                   (2000/C 20/51)
                                                                                             (Language of the case: Italian)
Action brought on 18 October 1999 by Sadam Casti-                         An action against the Commission of the European Communi-
glionese Spa against the Commission of the European                       ties was brought before the Court of First Instance on
                          Communities                                     19 October 1999 by Tirrenia di Navigazione SpA and Others,
                                                                          represented by Antonio Tizzano and Gian Michele Roberti, of
                                                                          the Naples Bar, and of 36 Place du Grand Sablon, Brussels.
                        (Case T-245/99)
                                                                          The applicant claims that the Court of First Instance should:
                         (2000/C 20/50)
                                                                          — annul the Commission decision of 6 August 1999;
                   (Language of the case: Italian)
                                                                          — order the Commission to pay the costs.
An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 18 October 1999 by Sadam Casti-                   Contentions and principal arguments adduced in support
glionese Spa, represented by Antonio Tizzano and Gian
Michele Roberti, of the Naples Bar, and Alberto Maffei Alberti,
Gualtiero Pittalis and Alessandra Franchi, of the Bologna Bar,            These proceedings seek annulment of the Commission decision
with an address for service in Brussels at 36 Place du Grand              of 6 August 1999 whereby the Commission initiated a pro-
Sablon.                                                                   cedure under Article 88(2) of the Treaty regarding State aid
                                                                          allegedly granted by Italy to the applicant companies. The aid
                                                                          objected to in the contested decision is said to derive from
The applicant claims that the Court should:                               ‘agreements between undertaking in the Tirrenia Group and
                                                                          the Italian State’ and to consist essentially of the introduction
                                                                          of public service obligations (PSOs) subsidised on certain
— annul (wholly or in part) the Commission’s decision of                  routes and of related financial mechanisms.
    11 May 1999 concerning State aid granted by Italy to the
    sugar sector (C (1999) 1363 def.);
                                                                          The applicants, which are part of the Tirrenia Group, observe
                                                                          that, under the domestic Italian rules, they are subject to
— order the Commission of the European Communities to                     specific restrictions regarding the services to be provided
    pay the costs.
                                                                          and the procedures for providing them. In particular, those
                                                                          restrictions relate to three basic parameters: the routes to be
                                                                          followed, the frequencies/timetables for each route and the
                                                                          type of vessels to be used on individual routes.
Pleas in law and main arguments
                                                                          In support of their claims, the applicants submit that:
The applicant relies on the pleas in law and arguments put
forward in Case T-244/99 Sadam Abruzzo v Commission.
                                                                          — The basis of the PSOs at issue reflects a legitimate choice
                                                                              made by the Italian authorities, covered by Article 4(3)
                                                                              of Council Regulation (EEC) No 3577/92 applying the
                                                                              principle of freedom to provide services to maritime
                                                                              transport within Member States (maritime cabotage).
 ---pagebreak--- C 20/26               EN                      Official Journal of the European Communities                                     22.1.2000
— The relevant legislation and the public service contracts              Pleas in law and main arguments
    of the Tirrenia Group companies were notified to the
    Commission and authorised by the Commission, specifi-
    cally in the case of Law No 856/86 and by implication as             This case corresponds to Case T-210/99. The applicant pleads
    regards the agreements between the State and those                   infringement of the principle of respect for the rights of the
    companies and the underlying legislation. For that reason,           defence, since it has been given no opportunity to put forward
    it is submitted that the rule in Lorenz, now embodied in             its views concerning the facts on which the decision is based.
    Article 4(6) of Regulation No 659/99, has been infringed.            For the rest, the pleas in law and main arguments correspond
                                                                         to those in Case T-242/99.
— The essential features of the PSOs and the payments
    relating to them ante-date the EC Treaty.
                                                                         (1) OJ L 280 of 30.10.1999, p. 87.
    Finally, the applicants also allege misuse of powers,
    thorough failure to examine the case properly, and breach
    of the principle of the protection of legitimate expectations.
                                                                         Action brought on 22 October 1999 by Texaco Nederland
                                                                         B.V., Schreurs Oliemaatschappij B.V., Salland Oliemaat-
                                                                         schappij B.V. and Nijol Oliemaatschappij B.V. against the
                                                                                  Commission of the European Communities
Action brought on 22 October 1999 by Shell Nederland
Verkoopmaatschappij B.V. against the Commission of the
                    European Communities                                                         (Case T-251/99)
                         (Case T-250/99)
                                                                                                  (2000/C 20/53)
                          (2000/C 20/52)
                                                                                            (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
An action against the Commission of the European Communi-                European Communities on 22 October 1999 by Texaco
ties was brought before the Court of First Instance of the               Nederland B.V., Schreurs Oliemaatschappij B.V., Salland Olie-
European Communities on 22 October 1999 by Shell Neder-                  maatschappij B.V. and Nijol Oliemaatschappij B.V., respect-
land Verkoopmaatschappij B.V., of Rotterdam (Netherlands),               ively established in Rotterdam, Venlo, Hasselt and Nijmegen
represented by T.M. Snoep and B. van der Gaag, of the Hague              (Netherlands), represented by H.G. Sevenster and E.P. Jorrits-
Bar, with an address for service in Luxembourg at the                    ma, of the Hague Bar, with an address for service in Luxem-
Chambers of M. Loesch, 11 Rue Goethe.                                    bourg at the Chambers of M. Loesch, 11 Rue Goethe.
The applicant claims that the Court should:                              The applicants claim that the Court should:
(a) order the Commission of the European Communities to                  (a) order the Commission of the European Communities to
    give the applicant’s advisers access to its file relating to              give the applicant’s advisers access to its file relating to
    its decision of 20 July 1999 (C(1999) 2539 final) (1)                     its decision of 20 July 1999 (C(1999) 2539 final) (1)
    concerning State aid granted by the Netherlands to 633                    concerning State aid granted by the Netherlands to 633
    service stations in the region bordering Germany, and                     service stations in the region bordering Germany, and
    order the adoption of all such further measures as may be                 order the adoption of all such further measures as may be
    necessary;                                                                necessary;
(b) annul Articles 2 and 3 of the Commission’s decision of               (b) annul Articles 2 and 3 of the Commission’s decision of
    20 July 1999 [C(1999) 2539 final);                                        20 July 1999 (C(1999) 2539 final);
(c) order the Commission to pay the costs.                               (c) order the Commission to pay the costs.