CELEX: C2002/156/16
Language: en
Date: 2002-06-29 00:00:00
Title: Case C-164/02: Action brought on 2 May 2002 by the Kingdom of the Netherlands against the Commission of the European Communities

29.6.2002              EN                    Official Journal of the European Communities                                             C 156/9
Action brought on 2 May 2002 by the Kingdom of the                            views on future developments within that sector. By so
Netherlands against the Commission of the European                            doing, the Commission has created legitimate expec-
                          Communities                                         tations.
                        (Case C-164/02)
                                                                        (1) Even though this is compatible with the common market under
                        (2002/C 156/16)                                     Article 87(3)(c) EC, with reference to point 38 of the Guidelines
                                                                            on State aid for environmental protection (OJ 2001 C 37, p. 3).
An action against the Commission of the European Communi-
ties was brought before the Court of Justice of the European
Communities on 2 May 2002 by the Kingdom of the
Netherlands, represented by H.G. Sevenster, acting as Agent.
                                                                        Reference for a preliminary ruling by the Tribunal Judicial
The applicant claims that the Court should:                             de Comarca de Alcácer do Sal by order of that Court of
                                                                        26 April 2002 in the case of Daniel Fernando Messejana
1.    Annul Commission Decision SG (2002) D/228533 of                   Viegas against Companhia de Seguros Zurich S.A. and
      15 February 2002 relating to Aid Measure No N 812/                Mitsubishi Motors de Portugal S.A., CGU International
      2001 (the Decision, Annex 1) in so far as the Commission            Insurance plc — Agência Geral em Portugal, intervener
      takes the view therein that the contributions paid to
      port authorities pursuant to the Stimuleringsregeling
      verwerking baggerspecie (Rules on incentives to encour-                                      (Case C-166/02)
      age the recycling of dredging silt) constitute State aid
      within the meaning of Article 87(1) EC (1);                                                  (2002/C 156/17)
2.    Order the Commission to pay the costs.
                                                                        Reference has been made to the Court of Justice of the
                                                                        European Communities by order of the Tribunal Judicial de
Pleas in law and main arguments                                         Comarca de Alcácer do Sal of 26 April 2002, received at the
                                                                        Court Registry on 2 May 2002, for a preliminary ruling in the
—     Breach of Article 87 EC: the Netherlands Government               case of Daniel Fernando Messejana Viegas against Companhia
      considers that the Commission errs in taking the view             de Seguros Zurich S.A. and Mitsubishi Motors de Portugal
      that, in the administration of waterways and the mainten-         S.A., CGU International Insurance plc — Agência Geral em
      ance of general infrastructures in port areas, port auth-         Portugal, intervener.
      orities may be regarded as being undertakings within the
      meaning of Article 87(1) EC. In the opinion of the
      Netherlands Government, the administration of shipping            The Tribunal Judicial de Comarca de Alcácer do Sal requests
      channels (including dredging) must be regarded in this            the Court of Justice to give a ruling on the interpretation of
      connection as being a public responsibility and not an            Second Council Directive 84/5/EEC (1) of 30 December 1983
      economic activity. Investments in infrastructures of this         on the approximation of the laws of the Member States relating
      kind are, under normal circumstances, regarded by the             to third-party liability insurance in respect of the use of motor
      Commission as constituting general measures, expendi-             vehicles (2), having regard to Article 508 of the Civil Code.
      ture on which is borne by the State as part of its
      responsibilities within the area of planning and develop-
      ment of a transport system serving the general public
      interest, on condition that the infrastructures, in accord-       (1) OJ 1984 L 8, p. 17.
      ance with Community legislation, are de jure and de facto         (2) Which, in the applicant’s view, fixes the minimum capital
      open to all actual or potential users.                                for compulsory third-party insurance without establishing any
                                                                            dichotomy of schemes or limits to strict liability, with the result
                                                                            that, if the accident had taken place in any other country within
—     Infringement of the principle that reasons must be given.             the Community, the person responsible would have had to pay
                                                                            compensation up to the amount compulsorily insured (which
—     Infringement of the principles of the protection of                   now is EUR 600 000). Moreover, the limit imposed by that
      legitimate expectations and of legal certainty: the Com-              directive is a minimum amount, which implies the repeal of
                                                                            Article 508 of the Civil Code which sets the maximum amount of
      mission has, in a number of documents, made known its
                                                                            compensation in the case of a road traffic accident at ‘the amount
      views on State aid within the ports sector. In these                  equal to twice the maximum value of actions which may be
      documents, which consist of a variety of decisions, the               decided on appeal’ (that is to say, EUR 29 927,88).
      Commission has, on the one hand, detailed and clarified
      the Treaty provisions relating to, inter alia, State aid
      within the ports sector, and, on the other, set out its