CELEX: C2000/176/47
Language: en
Date: 2000-06-24 00:00:00
Title: Case T-98/00: Action brought on 21 April 2000 by Linde AG against the Commission of the European Communities

24.6.2000             EN                      Official Journal of the European Communities                                         C 176/27
Action brought on 19 April 2000 by Danielle Dubigh                       Pleas in law and main arguments
  against the Commission of the European Communities
                                                                         The subject-matter of the contested decision is an investment
                         (Case T-96/00)
                                                                         subsidy of DEM 9 million granted by the Bundesanstalt für
                                                                         vereinigungsbedingte Sonderaufgaben (‘BvS’), alternatively by
                        (2000/C 176/46)                                  its subsidiary Leuna-Werke GmbH, to Linde AG in connection
                                                                         with the construction of a new carbon monoxide plant
                                                                         in Leuna (Saxony-Anhalt). In the contested decision, the
                   (Language of the case: French)                        Commission accepted 35 % of the total investment costs as
                                                                         being permissible State regional aid for Saxony-Anhalt. The
                                                                         applicant contests that part of the decision in which the
An action against the Commission of the European Communi-
                                                                         Commission declares the remainder of the investment subsidy
ties was brought before the Court of First Instance of the
                                                                         to be incompatible with the common market and requires the
European Communities on 19 April 2000 by Danielle Dubigh,
                                                                         Federal Republic of Germany to demand that it be repaid.
residing in Brussels, represented by Jean-Noël Louis and
Véronique Peere, of the Brussels Bar.
                                                                         In support of its claim, the applicant asserts that the investment
The applicant claims that the Court should:                              subsidy does not constitute State aid within the meaning of
                                                                         Article 87 EC. Instead, what is involved is a measure based
— annul the decision of the selection board in competition               solely on commercial considerations which has been taken by
    COM/C/2/99 rejecting the application submitted by the                the BvS in the context of negotiations following on from
    applicant;                                                           a privatisation agreement concluded in 1993 between its
                                                                         predecessor, the Treuhandanstalt, and UCB Chemie GmbH.
— order the defendant to pay the costs.                                  Consequently, on the basis of the relevant findings made by
                                                                         the Commission with regard to the ‘Treuhand scheme’, the
                                                                         subsidy cannot be categorised as State aid.
Pleas in law and main arguments
                                                                         Moreover, the Commission has made no findings, or no
The pleas in law and main arguments are the same as in Case              adequate findings, regarding the incompatibility of the alleged
T-95/00 Zaur-Gora v Commission.                                          aid with the common market. The assumption that any grant
                                                                         of aid to the applicant for the construction of a new carbon
                                                                         monoxide plant is liable to distort competition is based on an
                                                                         erroneous assessment of the market concerned. In addition,
                                                                         no relevant findings have been made with regard to any
                                                                         adverse effect on trade between Member States.
Action brought on 21 April 2000 by Linde AG against the
         Commission of the European Communities
                         (Case T-98/00)
                        (2000/C 176/47)
                                                                         Action brought on 20 April 2000 by Franco Campoli
                                                                           against the Commission of the European Communities
                  (Language of the case: German)
An action against the Commission of the European Communi-                                         (Case T-100/00)
ties was brought before the Court of First Instance of the
European Communities on 21 April 2000 by Linde AG, of
Wiesbaden (Federal Republic of Germany), represented by                                           (2000/C 176/48)
Hans-Jürgen Rabe, Rechtsanwalt, of Messrs Gaedertz Rechtsan-
wälte, Brussels.
                                                                                            (Language of the case: French)
The applicant claims that the Court should:
— annul Articles 2 and 3 of Decision K(2000) 64 final of                 An action against the Commission of the European Communi-
    18 January 2000 concerning State aid granted by Germany              ties was brought before the Court of First Instance of the
    in favour of Linde AG;                                               European Communities on 20 April 2000 by Franco Campoli,
                                                                         residing in Brussels, represented by Sergio Diana, of the
— order the defendant to pay the costs.                                  Brussels Bar.