CELEX: C2000/006/41
Language: en
Date: 2000-01-08 00:00:00
Title: Case T-210/99: Action brought on 20 September 1999 by J.H. Gankema, trading as Bovanda Oil, against the Commission of the European Communities

8.1.2000               EN                    Official Journal of the European Communities                                       C 6/23
Action brought on 20 September 1999 by J.H. Gankema,                    Action brought on 22 September 1999 by Borrekuil B.V.
trading as Bovanda Oil, against the Commission of the                     against the Commission of the European Communities
                    European Communities
                                                                                                (Case T-211/99)
                         (Case T-210/99)
                                                                                                 (2000/C 6/42)
                          (2000/C 6/41)
                                                                                           (Language of the Case: Dutch)
                   (Language of the Case: Dutch)                        An action against the Commission of the European Communi-
                                                                        ties was brought before the Court of First Instance of the
                                                                        European Communities on 22 September 1999 by Borrekuil
                                                                        B.V., of Beek (Netherlands), represented by P.W.A.M. van Roy,
An action against the Commission of the European Communi-               of the Beek Bar.
ties was brought before the Court of First Instance of the
European Communities on 20 September 1999 by J.H. Ganke-
ma, trading as Bovanda Oil, of Veendam (Netherlands),                   The applicant claims that the Court should:
represented by E. Maas, of the Groningen Bar.
                                                                        — annul the Commission’s decision (C(1999) 2539 final) (1)
                                                                            of 20 July 1999 concerning State aid granted by the
The applicant claims that the Court should annul the Com-                   Netherlands to 633 service stations in the region bordering
mission’s decision (C(1999) 2539 final) (1) of 20 July 1999                 Germany, and order that no demand for repayment should
concerning State aid granted by the Netherlands to 633 service              be made;
stations in the region bordering Germany, and declare that the
subsidy granted to Bovanda Oil is not contrary to any                   — order the Commission to pay the costs.
European legislation.
                                                                        Pleas in law and main arguments
Pleas in law and main arguments
                                                                        The pleas in law and main arguments are the same as in Case
                                                                        T-210/99.
The contested decision provides inter alia that the Netherlands
should reclaim the subsidies granted to 450 service stations in         (1) OJ L 280 of 30.10.1999, p. 87.
the vicinity of the German border, including that of the
applicant, by way of compensation for an increase in excise
duty introduced in the Netherlands with effect from 1 July
1997. As regards certain of those service stations, the Com-
mission took the view that the Netherlands had not provided
any, or any sufficient, information concerning the relationships
and links between owners and suppliers showing that the aid
could have no appreciable effect on trade and competition
between Member States.                                                  Action brought on 29 September 1999 by Autoservice
                                                                        Fermans Exclusive B.V. against the Commission of the
                                                                                            European Communities
The applicant operates, for his own account and at his own
risk, a service station belonging to him. He states that he has                                 (Case T-215/99)
no link with any particular fuel supplier, and that the subsidy
granted to him therefore likewise falls within the de minimis
rule (2).                                                                                        (2000/C 6/43)
                                                                                           (Language of the Case: Dutch)
(1) OJ L 280 of 30.10.1999, p. 87.
(2) Commission notice, OJ 1996 C 68, p. 9.
                                                                        An action against the Commission of the European Communi-
                                                                        ties was brought before the Court of First Instance of the
                                                                        European Communities on 29 September 1999 by Autoservice
                                                                        Fermans Exclusive B.V., of Amstenrade (Netherlands), rep-
                                                                        resented by H.F.A Bronneberg, of the Geelen Bar.