CELEX: C2004/007/66
Language: en
Date: 2004-01-10 00:00:00
Title: Case T-349/03: Action brought on 13 October 2003 by Corsica Ferries France against the Commission of the European Communities

C 7/36                EN                          Official Journal of the European Union                                            10.1.2004
Subsequently, the applicant submitted to the DAFSE an                     The applicant claims that the Court should:
application for payment of the balance of PTE 991 009 by the
EFS and of the balance of PTE 810 226 by the Portuguese                   —     annul the Commission’s decision of 9 July 2003 concern-
State. The DAFSE certified that request, which the Commission                   ing the restructuring aid which France plans to put into
approved by document No 4242 of 13 March 1989, although                         effect in favour of the Société Nationale Maritime Corse-
it considered the sum of 1 192 162 to be ineligible. On                         Méditerranée;
17 February 1998 the Commission decided, however, to
suspend the contribution.                                                 —     order the defendant to pay all the costs.
The Portuguese judicial authorities decided to discontinue the
legal actions pending against the applicant, thereby eliminating
                                                                          Pleas in law and main arguments
in the applicant’s view the presumption that it had acted
irregularly. Nevertheless, the Commission adopted the decision
at issue in these proceedings.                                            By the contested decision, the Commission decided that the
                                                                          restructuring aid which France was planning to put into effect
                                                                          in favour of the Société Nationale Maritime Corse-Méditerranée
The contested decision, in the applicant’s view, infringes                was, under certain conditions, compatible with the common
Regulation (EEC) No 2950/83 and Council Decision 83/516/                  market. The applicant challenges that decision, asserting that it
EEC since the applicant complied strictly with the conditions             has a direct and individual interest in obtaining its annulment,
laid down for approval of the EFS contribution, thereby                   having regard to its active participation in the formal investi-
acquiring ‘subjective rights attaching specifically to it’.               gation procedure in respect of the aid and its competitive
                                                                          position in the reference market.
The decision also breaches the principle of the protection of
legitimate expectations in so far as the Commission’s approval            In support of its action it relies, first, on alleged failure to state
decision vested in the applicant an entitlement to the contri-            the reasons on which the contested decision is based and,
butions and gave rise to an expectation on its part that it               secondly, on alleged manifest errors of fact and assessment.
would receive them if it carried out the action on the agreed
basis and also because the measure contested herein could
have been put into effect as early as 1989.
Finally, the contested decision constitutes a serious breach of
the principle of proportionality since the applicant incurred
expenses on the assumption that the Commission would fulfil
                                                                          Action brought on 13 October 2003 by Wirtschafts-
its commitments.
                                                                          kammer Kärnten and best connect Ampere Strompool
                                                                          GmbH against the Commission of the European Com-
                                                                                                       munities
                                                                                                  (Case T-350/03)
                                                                                                    (2004/C 7/67)
Action brought on 13 October 2003 by Corsica Ferries
France against the Commission of the European Com-
                             munities                                                        (Language of the case: German)
                        (Case T-349/03)
                                                                          An action against the Commission of the European Communi-
                         (2004/C 7/66)                                    ties was brought before the Court of First Instance of the
                                                                          European Communities on 13 October 2003 by Wirtschafts-
                                                                          kammer Kärnten and best connect Ampere Strompool GmbH,
                   (Language of the case: French)                         Klagenfurt (Austria), represented by M. Angerer, lawyer.
                                                                          The applicants claim that the Court should:
An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the                —     annul Commission Decision COMP/M.2947 — Verbund/
European Communities on 13 October 2003 by Corsica                              EnergieAllianz of 11 June 2003 on the compatibility of a
Ferries France, established in Bastia (France), represented by                  concentration with the common market and the Agree-
S. Rodrigues and C. Scapel, lawyers, with an address for service                ment on the European Economic Area (EEA Agreement)
in Luxembourg.                                                                  and order the defendant to pay the costs.