CELEX: C2000/020/50
Language: en
Date: 2000-01-22 00:00:00
Title: Case T-245/99: Action brought on 18 October 1999 by Sadam Castiglionese Spa against the Commission of the European Communities

22.1.2000             EN                       Official Journal of the European Communities                                         C 20/25
— the contested decision threatens now, at a distance of                  Action brought on 19 October 1999 by Tirrenia di
    years, to undermine the balance achieved and to recreate              Navigazione SpA and Others against Commission of the
    the dangers previously pre-empted by the action taken by                                  European Communities
    the Italian authorities.
                                                                                                  (Case T-246/99)
                                                                                                   (2000/C 20/51)
                                                                                             (Language of the case: Italian)
Action brought on 18 October 1999 by Sadam Casti-                         An action against the Commission of the European Communi-
glionese Spa against the Commission of the European                       ties was brought before the Court of First Instance on
                          Communities                                     19 October 1999 by Tirrenia di Navigazione SpA and Others,
                                                                          represented by Antonio Tizzano and Gian Michele Roberti, of
                                                                          the Naples Bar, and of 36 Place du Grand Sablon, Brussels.
                        (Case T-245/99)
                                                                          The applicant claims that the Court of First Instance should:
                         (2000/C 20/50)
                                                                          — annul the Commission decision of 6 August 1999;
                   (Language of the case: Italian)
                                                                          — order the Commission to pay the costs.
An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 18 October 1999 by Sadam Casti-                   Contentions and principal arguments adduced in support
glionese Spa, represented by Antonio Tizzano and Gian
Michele Roberti, of the Naples Bar, and Alberto Maffei Alberti,
Gualtiero Pittalis and Alessandra Franchi, of the Bologna Bar,            These proceedings seek annulment of the Commission decision
with an address for service in Brussels at 36 Place du Grand              of 6 August 1999 whereby the Commission initiated a pro-
Sablon.                                                                   cedure under Article 88(2) of the Treaty regarding State aid
                                                                          allegedly granted by Italy to the applicant companies. The aid
                                                                          objected to in the contested decision is said to derive from
The applicant claims that the Court should:                               ‘agreements between undertaking in the Tirrenia Group and
                                                                          the Italian State’ and to consist essentially of the introduction
                                                                          of public service obligations (PSOs) subsidised on certain
— annul (wholly or in part) the Commission’s decision of                  routes and of related financial mechanisms.
    11 May 1999 concerning State aid granted by Italy to the
    sugar sector (C (1999) 1363 def.);
                                                                          The applicants, which are part of the Tirrenia Group, observe
                                                                          that, under the domestic Italian rules, they are subject to
— order the Commission of the European Communities to                     specific restrictions regarding the services to be provided
    pay the costs.
                                                                          and the procedures for providing them. In particular, those
                                                                          restrictions relate to three basic parameters: the routes to be
                                                                          followed, the frequencies/timetables for each route and the
                                                                          type of vessels to be used on individual routes.
Pleas in law and main arguments
                                                                          In support of their claims, the applicants submit that:
The applicant relies on the pleas in law and arguments put
forward in Case T-244/99 Sadam Abruzzo v Commission.
                                                                          — The basis of the PSOs at issue reflects a legitimate choice
                                                                              made by the Italian authorities, covered by Article 4(3)
                                                                              of Council Regulation (EEC) No 3577/92 applying the
                                                                              principle of freedom to provide services to maritime
                                                                              transport within Member States (maritime cabotage).