CELEX: C1999/121/40
Language: en
Date: 1999-05-01 00:00:00
Title: Case T-35/99: Action brought on 8 January 1999 by Keller SpA in special administration and Keller Meccanica SpA in special administration against the Commission of the European Community

C 121/18               EN                      Official Journal of the European Communities                                       1.5.1999
Action brought on 8 January 1999 by Keller SpA in                         In support of their claims, the applicants, which, following a
special administration and Keller Meccanica SpA in special                declaration of insolvency, are subject to special administration,
administration against the Commission of the European                     advance the following pleas:
                          Community
                                                                          — distortion of the facts and consequent misapplication of
                                                                              Article 92 in the evaluation of the loans on favourable
                         (Case T-35/99)                                       terms mentioned above, as regards in particular the
                                                                              inapplicability of Regional Law No 25/1993 to undertak-
                                                                              ings subject to special administration, the exclusive applica-
                        (1999/C 121/40)                                       bility of the aid regime provided for in Regional Law
                                                                              No 66/1976 to undertakings with fixed investments not
                                                                              exceeding ITL 7 000 million and a maximum of 100
                                                                              employees and the fact that the regime approved did not
                   (Language of the case: Italian)                            provide for machinery for adjustment of the aid par-
                                                                              ameters, in respect of which the amendments made to the
                                                                              implementing Directives should have been notified to the
An action against the Commission of the European Communi-                     Commission,
ties was brought before the Court of First Instance on 8
February 1999 by Keller SpA in special administration and                 — incorrect application of the Community guidelines regard-
Keller Meccanica SpA in special administration, represented by                ing restructuring aid, in that the contested decision stated
Prof. Diego Corapi, Vittorio Cappuccilli and Massimo Merola,                  that the plan for reorganisation of the applicant companies
of the Rome Bar, with an address for service in Luxembourg at                 could not be regarded as a genuine restructuring plan and
the chambers of Alain Lorang, 51 rue Albert Premier.                          that the intervention in question did not include measures
                                                                              designed to prevent improper distortions of competition,
The applicants claim that the Court of First Instance should:             — incorrect calculation of interest for restructuring purposes.
— annul the contested decision,
— in the alternative, declare null and void the part of the
    contested decision concerning calculation of the interest
    payable on the sums to be recovered,
— order the Commission to pay the costs.                                  Action brought on 12 February 1999 by Dr Ugo Miranda
                                                                              against Commission of the European Communities
                                                                                                   (Case T-37/99)
Pleas in law and main arguments adduced in support:
                                                                                                  (1999/C 121/41)
The applicant companies, forming part of the Keller Group,
specialising in the production of rolling stock and the provision
of services relating to the transport sector and distribution,                               (Language of the case: Italian)
take exception to the defendant’s decision of 1 July 1998,
adopted on conclusion of a procedure initiated pursuant to                An action against the Commission of the European Communi-
Article 93(2) of the EC Treaty, according to which:                       ties was brought before the Court of First Instance on
                                                                          12 February 1999 by Dr Ugo Miranda, represented by Luca G.
— the conditions under which loans on favourable terms                    Radicati di Brozolo, of the Milan Bar, with an address for
    were granted in the sum of ITL 33 839 million to Keller               service in Luxembourg at the chambers of Alex Schmidt, 7 Val
    SpA and of ITL 6 500 million to Keller Meccanica SpA do               Ste Croix.
    not correspond to those laid down for regional aid by
    Regional Law No 25/1993 of the Sicilian Region and                    The applicant claims that the Court of First Instance should:
    Regional Law No 66/1976 of the Sardinia Region, both
    of which provide for an aid scheme approved by the
    Commission,                                                           — annul the contested decision,
                                                                          — order the Commission to pay the costs.
— the aid granted in the form of lower interest rates, equal to
    ITL 4 288 million, in favour of Keller SpA likewise does
    not comply with the Community guidelines on State                     Pleas in law and main arguments adduced in support:
    aid for the rescue and restructuring of undertakings in
    difficulties and could not benefit from any of the dero-
    gations provided for in Article 92(2) and (3) of the EC               The applicant, a retired official in receipt of a pension, is
    Treaty and mentioned in Article 51(2) and (3) of the                  challenging the Commission decision regarding recovery of
    EEA Agreement and are therefore incompatible with the                 the sums paid in December 1995 by way of resettlement
    common market.                                                        allowance.