CELEX: C1997/387/26
Language: en
Date: 1997-12-20 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 24 October 1997 in Case T-243/94: British Steel plc v. Commission of the European Communities (ECSC - Action for annulment - State aid - Individual decisions authorizing the grant of State aid to steel undertakings - Lack of competence - Protection of legitimate expectations - Incompatibility with Treaty provisions - Discrimination - Inadequate statement of reasons - Breach of the rights of the defence - Articles 4 (b) and (c) and 15 and the first and second paragraphs of Article 95 of the Treaty)

C 387/ 16               EN                   Official Journal of the European Communities                                20 . 12 . 97
 4 . orders the Council, the Federal Republic of Germany                 Tiili, A. Potocki and R. M. Moura Ramos, Judges; H.
      and the Italian Republic to bear their own costs.                  Jung, Registrar, has given a judgment on 24 October
                                                                          1997, in which it:
 (') OJ C 202 , 23 . 7. 1994 .
                                                                          1 . dismisses the application;
                                                                         2 . orders the applicant to pay the costs of the defendant
                                                                              and of the intervener Ilva Laminati Piani SpA;
   JUDGMENT OF THE COURT OF FIRST INSTANCE
                         of 24 October 1997                              3 . orders the Council, the Kingdom of Spain, the Italian
                                                                              Republic, SSAB Svenskt Stal AB and Det Danske
 in Case T-243/94: British Steel pic v. Commission of the                     Stålvalseværk A/S to bear their own costs.
                     European Communities (')
 (ECSC — Action for annulment — State aid — Individual                   (■) OJ C 254, 10 . 9 . 1994 .
 decisions authorizing the grant of State aid to steel
 undertakings — Lack of competence — Protection of
legitimate expectations — Incompatibility with Treaty
provisions — Discrimination — Inadequate statement of
reasons — Breach of the rights of the defence —
Articles 4 (b) and (c) and 15 and the first and second
            paragraphs of Article 95 of the Treaty)                        JUDGMENT OF THE COURT OF FIRST INSTANCE
                            ( 97/C 387/26 )                                                      of 24 October 1997
                                                                         in Case T-244/94: Wirtschaftsvereinigung Stahl and
                 (Language of the case: English)                            Others v. Commission of the European Communities (')
                                                                         (ECSC — Action for annulment — State aid — Individual
                                                                         decisions authorizing the grant of State aid to steel
In Case T-243/94 : British Steel pic, established in London,             undertakings — Misuse of power — Protection of
represented by Richard Plender QC, of the Bar of England                 legitimate expectations — Incompatibility with Treaty
and Wales, and by William Sibree, Solicitor, with an                    provisions — Discrimination — Inadequate statement of
address for service in Luxembourg at the Chambers of                     reasons — Breach of rights of the defence — Articles 4 (b)
Elvinger, Hoss and Prussen, 15 Cote d'Eich, supported by                 and (c) and 15 and the first and second paragraphs of
SSAB      Svenskt     Stal     AB,  established   in   Stockholm,                            Article 95 of the Treaty)
represented by John Boyce and Philip Raven , Solicitors,
with an address for service in Luxembourg at the                                                    ( 97/C 387/27 )
Chambers of Elvinger, Hoss and Prussen , 15 Cote d'Eich,
Det      Danske        Stålvalseværk     A/S,    established    in
Frederiksværk ( Denmark ), represented by Jonathan Alex                                 (Language of the case: German)
Lawrence, Solicitor, with an address for service in
Luxembourg at the Chambers of Ernst Arendt, 8— 10 Rue
Mathias Hardt, v. Commission of the European                            In Case T-244/94 : Wirtschaftsvereinigung Stahl,
Communities ( Agents : Nicholas Khan and Ben Smulders ),                established in Düsseldorf ( Germany ), Thyssen Stahl AG,
supported by Council of the European Union ( Agents :                   established in Duisburg ( Germany ), Preussag Stahl AG,
Rüdiger Bandilla and John Carbery ), Italian Republic                   established in Salzgitter ( Germany ), Hoogovens Groep BV,
( Agents: Umberto Leanza and Pier Giorgio Ferri ),                      established in Ijmuiden ( Netherlands ), represented by
Kingdom of Spain ( Agents : initially Alberto Navarro                   Jochim Sedemund and Frank Montag, Rechtsanwälte,
Gonzalez and Gloria Calvo Diaz, and then Luis Perez de                  Cologne, and, as regards Hoogovens Groep BV, by Eric
Ayala Beccerril ) and Ilva Laminati Piani SpA, established              Pijnacker Hordijk, of the Brussels Bar, with an address for
in Rome, represented by Aurelio Pappalardo, of the                      service in Luxembourg at the Chambers of Aloyse May,
Trapani Bar, and Massimo Merola , of the Rome Bar, with                 31 Grand-Rue, v. Commission of the European
an address for service in Luxembourg at the Chambers of                 Communities ( Agents: Bernd Langeheine and Ben
Alain Lorang, 51 Rue Albert I — application for the                     Smulders ), supported by Council of the European Union
annulment      of Commission         Decision   94/258/ECSC     of      ( Agents : Rüdiger Bandilla and Stephan Marquardt ), Italian
12 April 1994 concerning aid to be granted by Spain to                  Republic ( Agents : Umberto Leanza and Pier Giorgio
the public integrated steel company Corporación de la                   Ferri ), and Ilva Laminati Piani SpA, established in Rome,
Siderurgia Integral ( CSI ) and Commission Decision 94/                 represented by Aurelio Pappalardo, of the Trapani Bar,
259/ECSC of 12 April 1994 concerning aid to be granted                  and Massimo Merola , of the Rome Bar, with an address
by Italy to the public steel sector ( Ilva group ) ( OJ L 112,          for service in Luxembourg at the Chambers of Alain
3 . 5 . 1994, pp . 58 and 64 respectively ) — the Court of              Lorang, 51 Rue Albert I — application for the annulment
First Instance ( First Chamber, Extended Composition ),                 of Commission Decision 94/259/ECSC of 12 April 1994
composed of: A. Saggio, President, A. Kalogeropoulos, V.                concerning aid to be granted by Italy to the public steel