CELEX: C1995/333/36
Language: en
Date: 1995-12-09 00:00:00
Title: Action brought on 9 October 1995 by NV Waterleiding Maatschappij 'Noord-West Brabant' against the Commission of the European Communities (Case T-188/95)

9 . 12 . 95            EN                 Official Journal of the European Communities                                    No C 333/ 19
The applicant claims that the Court should:                               the other four pleas advanced by the applicant ) order
                                                                          the Commission to examine all internal documents
— annul the decision of the Commission of 9 November                      connected with the adoption of the contested decision,
     1994 refusing the applicant full reimbursement of the                in order to determine whether that decision was adopted
     difference between the medical expenses actually                     in accordance with the principle of collegiality and the
     incurred and payments from the Joint Sickness                        Commission's rules of procedure;
     Insurance Scheme, in accordance with Article 24 of
     Annex X to the Staff Regulations,                               3 . order the defendant to pay all of the costs of the
                                                                          proceedings.
— annul, in so far as may be necessary, the decision
     adopted by the Commission on 3 July 1995 in response            Pleas in law and main arguments:
    to the complaint;
                                                                     1 . The Commission has failed, with regard to the aid
— order the defendant to pay in full the difference between               measures approved in the contested decision, to initiate
    the expenses actually incurred and payments from the                  without delay the formal procedure under Article 93 ( 2 )
    Joint Sickness Insurance Scheme, amounting in the                     of the EC Treaty, since the aid provisions of the Law on
    present case to Bfr 253 353 ;                                         the fiscal regime in respect of environmental protection
                                                                          give rise to a number of serious problems which cannot
— declare that the General Provisions implementing the                    be resolved by carrying out the prima facie examination
    first and second paragraphs of Annex X to the Staff                   provided for by Article 93 ( 3 ).
    Regulations are unlawful, and consequently withdraw
    them;                                                            2 . Inadequate and contradictory reasoning.
— order the defendant to pay all the costs .                         3 . Breach of general principles of Community law:
                                                                          deviation from its own published guidelines , in
Pleas in law and main arguments:                                          particular the 'framework rules on aid for
                                                                          environmental protection' ( OJ 1994 C 72 , p. 3 ).
The pleas in law and main arguments are the same as those
relied on in Case T-21 /95 ( ).                                     4 . The Commission has exceeded its powers : approval of
                                                                          an aid measure of unspecified duration on condition
(') OJ No C 87, 8 . 4 . 1995 , p . 15 .
                                                                          that, following a specific date, it is not to be further
                                                                          implemented without first having been renotified to the
                                                                          Commission : approval was thus granted subject to a
                                                                          ' resolutive condition '.
                                                                     5.   It is assumed that the Commission has failed to observe
                                                                          the principle of collegiality: hence the application for
Action brought on 9 October 1995 by NV Waterleiding                       measures of inquiry.
Maatschappij 'Noord-West Brabant' against the
         Commission of the European Communities                      6 . The Commission wrongly refused to review its earlier
                        ( Case T-188/95 )                                 judgment concerning previously notified aid measures
                          ( 95/C 333/36 )                                 which hat not yet been implemented, irrespective of the
                                                                          fact that the new framework rules had meanwhile
                                                                          entered into force .
                (Language of the case: Dutch)
                                                                     (') That decision, addressed to the Netherlands Government,
An action against the Commission of the European                         declares that the aid measures contained in the Law on the fiscal
Communities was brought before the Court of First                        regime in respect of environmental protection, whereby taxes
Instance of the European Communities on 9 October 1995                   are to be introduced in relation to groundwater, waste products,
by NV Waterleiding Maatschappij 'Noord-West Brabant',                    fuels and uranium 235 , are compatible with the common
established pursuant to statute at Oudenbosch                            market .
( Netherlands ), represented by P. H. L. M. Kuypers, of the
Breda Bar, and H. M. Gilliams, of the Brussels Bar, with an
address for service in Luxembourg at the Chambers of
J.-M. Bauler, 47 Grand-Rue .
                                                                     Action brought on 9 October 1995 by Service pour le
The applicant claims that the Court should :                         Groupement d'Acquisitions ( SGA ) against the Commission
                                                                                       of the European Communities
1 . declare the action admissible and well-founded and
                                                                                               Case T-189/95 )
     consequently annul decision SG(95 ) D/8442 of the
     Commission of 3 July 1995 concerning aid case No                                           ( 95/C 333/37 )
     NN 13/95 ( Netherlands — Law on the fiscal regime in
     respect of environmental protection ) ( [ );                                      (Language of the case: French)
2 . ( only in the event that the Court considers that the            An action against the Commission of the European
     contested decision cannot be annulled on the grounds of         Communities was brought before the Court of First