CELEX: C1999/071/24
Language: en
Date: 1999-03-13 00:00:00
Title: Action brought on 24 December 1998 by the Kingdom of Spain against the Commission of the European Communities (Case C-479/98)

C 71/14                EN                    Official Journal of the European Communities                                  13.3.1999
(3) On the correct interpretation of Article 4(1) of                    Pleas in law and main arguments adduced in support:
     Commission Decision 97/534/EC:
                                                                        1. The present case does not concern a loan made by a
     (a) must specified risk material be removed and                        State organisation to an undertaking for investment
         stained at the point of production; and                            purposes; instead, it relates to the recovery of a debt
                                                                            due in respect of unpaid social security contributions,
     (b) is the point of production for those purposes the                  to be effected in one of the ways provided for in the
         place at which the animals are slaughtered?                        social security legislation and under the circumstances
                                                                            laid down therein.
(4) If the answer to Question 1 is No, may a Member                         To attach different conditions to the deferral of
     State nonetheless justify under Article 36 of the Treaty               payment of the debt, and to impose an interest rate
     on the grounds of the protection of human health                       different from the statutory rate, as advocated by the
     measures including a prohibition on the importation                    Commission, would entail an act contrary to the
     from another Member State of:                                          Spanish social security legislation which the Spanish
                                                                            legislature alone is competent to adopt, as provided
     (a) specified risk material within the meaning of the                  for by Article 118 of the Treaty.
         said Decision;
                                                                        2. The Commission appears to question the lawfulness of
         or                                                                 the very system of deferral or payment in instalments
                                                                            which exists under Spanish law; however, it is not
                                                                            empowered to pronounce on the lawfulness of that
     (b) bovine heads       containing     such   specified   risk
                                                                            system, the determination thereof being a matter
         material?
                                                                            falling within the legislative competence of the State.
(1) Council Directive 89/662/EEC of 11 December 1989
    concerning veterinary checks in intra-Community trade with a        3. In accordance with the normal regulatory practice
    view to the completion of the internal market (OJ L 395,                regarding the deferral of debts due to the social
    30.12.1989, p. 13).                                                     security authorities, Royal Decree No 505/85 on the
(2) Commission Decision 97/534/EC of 30 July 1997 on the                    organisation and operation of the FOGASA refers to
    prohibition of the use of material presenting risks as regards          the application of the statutory interest rate
    transmissible spongiform encephalopathies (Text with EEA                determined in accordance with Article 1 of the 1984
    relevance) (OJ L 216, 8.8.1997, p. 95).                                 Law. The present case does not concern State aid but
                                                                            relates instead to the application of legislation laying
                                                                            down generally applicable rules.
                                                                        4. The general nature of the application of the statutory
                                                                            interest rate to agreements concerning the repayment
Action brought on 24 December 1998 by the Kingdom                           of wages and salaries paid by FOGASA and the
of Spain against the Commission of the European                             deferral of debts due to the social security authorities
                          Communities                                       is such as to preclude the existence of any unlawful
                                                                            State aid.
                        (Case C-479/98)
                         (1999/C 71/24)                                 5. The contested decision is based on an           inaccurate
                                                                            comparison, in that it treats a creditor      seeking to
                                                                            recover a debt due to it in the same way as   an investor
An action against the Commission of the European                            who is seeking to obtain an economic          benefit by
Communities was brought before the Court of Justice of                      granting a loan.
the European Communities on 24 December 1998 by the
Kingdom of Spain, represented by M. López-Monís
Gallego, Abogado del Estado, acting as Agent, with an
address for service in Luxembourg at the Spanish
Embassy, 4-6 Boulevard Emmanuel Servais.
                                                                        Action brought on 28 December 1998 by the Kingdom
The applicant claims that the Court should:                             of Spain against the Commission of the European
                                                                                                 Communities
                                                                                              (Case C-480/98)
(1) annul the Commission's decision of 28 October 1998
     concerning State aid granted to SNIACE, of                                                (1999/C 71/25)
     Torrelavega, Cantabria;
                                                                        An action against the Commission of the European
(2) order the defendant institution to pay the costs.                   Communities was brought before the Court of Justice of