CELEX: C2002/180/34
Language: en
Date: 2002-07-27 00:00:00
Title: Judgment of the Court of First Instance of 14 May 2002 in Case T-126/99: Graphischer Maschinenbau GmbH, KBA-Berlin GmbH v Commission of the European Communities (State aids — Restructuring aid — Action for annulment — Manifest errors of assessment)

27.7.2002              EN                      Official Journal of the European Communities                                          C 180/21
                                                        COURT OF FIRST INSTANCE
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                   JUDGMENT OF THE COURT OF FIRST INSTANCE
                         of 14 May 2002                                                             of 14 May 2002
                                                                          in Case T-80/00: Associação Comercial de Aveiro v
in Case T-126/99: Graphischer Maschinenbau GmbH,                                 Commission of the European Communities (1)
KBA-Berlin GmbH v Commission of the European Com-
                            munities (1)
                                                                          (Social policy — European Social Fund — Application for
                                                                          annulment — Reduction of financial assistance — State-
(State aids — Restructuring aid — Action for annulment —                  ment of reasons — Principle of proportionality — Assess-
                 Manifest errors of assessment)                                                       ment of facts)
                         (2002/C 180/34)                                                            (2002/C 180/35)
                                                                                            (Language of the case: Portuguese)
                  (Language of the case: German)
                                                                          In Case T-80/00, Associação Comercial de Aveiro, established
In Case T-126/99, Graphischer Maschinenbau GmbH, estab-                   in Aveiro (Portugal), represented by J. Amaral e Almeida and
lished in Berlin (Germany), represented by A. Bach, avocat,               B. Diniz de Ayala, lawyers, with an address for service in
with an address for service in Luxembourg, v Commission of                Luxembourg, v Commission of the European Communities
the European Communities (Agents: D. Triantafyllou and                    (Agents: H. Speyart and M. França): Application for annulment
P. Nemitz): Application for the partial annulment of Com-                 of Commission Decision C(99) 3684 of 30 November 1999
mission Decision 1999/690/EC of 3 February 1999 on State                  reducing the European Social Fund assistance granted in the
aid which Germany is planning to introduce for Graphischer                framework of project No 890365/P 1 to Associação Comercial
Maschinenbau GmbH, Berlin (OJ 1999 L 272, p. 16), the                     de Aveiro, the Court of First Instance (Fifth Chamber),
Court of First Instance (First Chamber, Extended Composition),            composed of: J.D. Cooke, President, R. Garcı́a-Valdecasas and
composed of: B. Vesterdorf, President, P. Mengozzi, J. Pirrung,           P. Lindh, Judges; J. Plingers, Administrator, for the Registrar,
M. Vilaras and N.J. Forwood, Judges; D. Christensen, Adminis-             has given a judgment on 14 May 2002, in which it:
trator, for the Registrar, has given a judgment on 14 May
2002, in which it:
                                                                          1.    Annuls Commission Decision C(96) 3684 of 30 November
                                                                                1999 reducing the European Social Fund assistance granted to
1.    Annuls Commission decision 1999/690/EC of 3 February                      the Associação Comercial de Aveiro in the context of project
      1999 on State aid which Germany is planning to introduce for              No 890365/P 1 in so far as it reduces the amount of the
      Graphischer Maschinenbau GmbH, Berlin to the extent to                    services invoiced by SI, — Sistemas de Informação Ld.a under
      which it declares the part of the planned aid exceeding the               subheading 14.3.9, hire and rental charges;
      amount of DEM 4 435 million incompatible with the common
      market and prohibits it;                                            2.    Dismisses the remainder of the application;
2.    Dismisses the remainder of the application;                         3.    Orders the Commission to bear its own costs and to pay one
                                                                                third of those incurred by the applicant;
3.    Orders the Commission to pay the costs.
                                                                          4.    Orders the applicant to bear two thirds of its own costs.
(1) OJ C 226 of 7.8.1999.
                                                                          (1) OJ C 176 of 24.6.2000.