CELEX: C1997/142/49
Language: en
Date: 1997-05-10 00:00:00
Title: Action brought on 6 March 1997 by H. Buwalda against the Council of the European Union and the Commission of the European Communities (Case T-50/97)

No C 142/24          EN                    Official Journal of the European Communities                                   10 . 5 . 97
Pleas in law and main arguments adduced in support:                   The applicant claims that the Court should:
The applicant considers that, by authorizing payment of               ( a ) primarily: order the Community to pay to the
the third tranche of aid to Air France, the Commission                      applicant the sum of Fl 385 583 , together with interest
disregarded Articles 92 ( 3 ) and 93 ( 2 ) and ( 3 ) of the EC              thereon at the rate of 8 % per annum from 19 May
Treaty and undermined the coherence of the procedures                       1992 until the date of payment in full;
for monitoring State aid and anti-competitive practices in
the common market. In the applicant's view, the
                                                                            in the alternative: order the Community to pay the
communication is vitiated by errors of form, of law and of
                                                                            applicant such sum as the Court in its wisdom shall
fact, and should consequently be annulled under
                                                                            think fit, amounting to not less than Fl 172 213
Article 173 of the EC Treaty.
                                                                            ( namely, the amount resulting from the application of
                                                                            Regulation (EEC) No 2187/93 ), together with interest
According to the applicant, the communication is void,                      thereon at the rate of 8% per annum from 19 May
since it infringes essential procedural requirements by                     1992 until the date of the payment in full;
authorizing payment of the third tranche of the aid
without any prior examination of its compatibility with
                                                                      ( b) order the Community to pay the costs .
the common market in accordance with the procedure laid
down in Article 93 ( 2 ) and ( 3 ) of the EC Treaty.
                                                                      Pleas in law and main arguments adduced in support:
In addition, the applicant considers that the
communication is void by reason of infringement of                    The applicant, a SLOM producer, is seeking compensation
essential procedural requirements, since it authorizes                pursuant to Article 178 in conjunction with the second
payment of the third tranche of the aid prior to the                  paragraph of Article 215 of the EC Treaty for the damage
outcome of the proceeding initiated under Regulation                  suffered by him as a result of the fact that, following the
No 17 of the Council implementing Articles 85 and 86 of               expiry of his SLOM undertaking, he has been unable, by
the Treaty as regards the measures taken for the                      reason of the absence of a reference quantity, to resume
renovation of Orly airport by Aeroports de Paris, a                   milk production .
publicly-owned industrial and commercial institution
placed under the authority of the Minister for Civil
Aviation .
Lastly, the applicant considers that the communication is
vitiated by manifest errors of assessment and that it                 Action brought on 6 March 1997 by G. J. Meijer against
infringes Article 92 ( 3 ) (c ) of the EC Treaty, since it holds      the Council of the European Union and the Commission
that the failures established with regard to fulfilment of                              of the European Communities
condition No 16 are minor and do not undermine the
                                                                                                ( Case T-51 /97 )
compatibility of the aid with the common market, and
that the undertakings given by the French authorities are                                         ( 97/C 142/50 )
enough to remedy the distortions of competition caused by
the non-observance of that condition .
                                                                                        (Language of the case: Dutch)
                                                                      An action against the Council of the European Union and
                                                                      the Commission of the European Communities was
                                                                      brought before the Court of First Instance of the European
                                                                      Communities on 6 March 1997 by G. J. Meijer, of
Action brought on 6 March 1997 by H. Buwalda against                  Usquert (Netherlands ), represented by E. H. Pijnacker
the Council of the European Union and the Commission                  Hordijk, of the Amsterdam Bar, and M. T. P. J. van Oers,
               of the European Communities                            of The Hague Bar, with an address for service in
                        ( Case T-50/97 )                              Luxembourg at the Chambers of L. Frieden, 62 Avenue
                                                                      Guillaume .
                          ( 97/C 142/49 )
                                                                      The applicant claims that the Court should:
               (Language of the case: Dutch)
An action against the Council of the European Union and               ( a ) primarily: order the Community to pay to the
the Commission of the European Communities was                              applicant the sum of Fl 139 382, together with interest
brought before the Court of First Instance of the European                  thereon at the rate of 8 % per annum from 19 May
Communities on 6 March 1997 by H. Buwalda , of                              1992 until the date of payment in full;
Franeker (Netherlands ), represented by E. H. Pijnacker
Hordijk, of the Amsterdam Bar, and M. T. P. J. van Oers,                  . in the alternative: order the Community to pay the
of The Hague Bar, with an address for service in                            applicant such sum as the Court in its wisdom shall
Luxembourg at the Chambers of L. Frieden, 62 Avenue                         think fit, amounting to not less than Fl 58 022
Guillaume .                                                                 ( namely, the amount resulting from the application of