CELEX: C2000/211/36
Language: en
Date: 2000-07-22 00:00:00
Title: Judgment of the Court of First Instance of 15 June 2000 in Joined Cases T-298/97, T-312/97, T-313/97, T-315/97, T-600/97 to T-607/97, T-1/97, T-3/98 to T-6/98 and T-23/98: Alzetta Mauro and Others v Commission of the European Communities (Transport of goods by road — State aid — Action for annulment — Whether trade between Member States affected and competition distorted — Conditions for a derogation from the prohibition laid down by Article 92(1) of the EC Treaty (now, after amendment, Article 87(1) EC) — New aid or existing aid — Principle of the protection of legitimate expectations — Principle of proportionality — Statement of reasons)

C 211/18                EN                     Official Journal of the European Communities                                         22.7.2000
    JUDGMENT OF THE COURT OF FIRST INSTANCE                               1. Article 2 of Commission Decision 98/182/EC of 30 July 1997
                                                                               concerning aid granted by the Friuli-Venezia Giulia Region
                                                                               (Italy) to road haulage companies in the Region is annulled in so
                          of 15 June 2000
                                                                               far as it declares unlawful aid granted as from 1 July 1990 to
                                                                               undertakings carrying out exclusively local, regional or national
in Joined Cases T-298/97, T-312/97, T-313/97, T-315/97,                        transport;
T-600/97 to T-607/97, T-1/97, T-3/98 to T-6/98 and
T-23/98: Alzetta Mauro and Others v Commission of the
                                                                          2. Article 5 of Decision 98/182 is annulled in so far as it obliges
                   European Communities (1)
                                                                               the Italian Republic to recover that aid;
(Transport of goods by road — State aid — Action for                      3. For the rest, the application is dismissed;
annulment — Whether trade between Member States affec-
ted and competition distorted — Conditions for a derogation
from the prohibition laid down by Article 92(1) of the EC                 4. Each party is ordered to bear its own costs.
Treaty (now, after amendment, Article 87(1) EC) — New
aid or existing aid — Principle of the protection of legitimate
expectations — Principle of proportionality — Statement of                (1) OJ No C 55, 20. 2. 1998; No C 72, 7. 3. 1998; and No C 113,
                              reasons)                                        11. 4. 1998.
                          (2000/C 211/36)
                   (Language of the case: Italian)
In Joined Cases T-298/97, T-312/97, T-313/97, T-315/97,
T-600/97 to T-607/97, T-1/97, T-3/98 to T-6/98 and T-23/
98: Alzetta Mauro, residing in Montereale Valcellina (Italy) and              JUDGMENT OF THE COURT OF FIRST INSTANCE
31 others, represented by A. Pili of the Pordenone Bar and A.
Barone and G. Pezzano of the Rome Bar, with an address for
service in Luxembourg at the chambers of L. Schiltz, 2 Rue du                                        of 15 June 2000
Fort Rheinsheim, Masotti Srl, established at Feletto Umberto
(Italy), and 30 others, represented by R. Petiziol and                    in Case T-211/98: F v Commission of the European
A. Pergolese, of the Udine Bar, Anna Maria Baldo, residing in                                        Communities (1)
Cervignano de Friuli (Italy) and 53 others, Musso Amedeo,
residing in Rivignano (Italy), represented by V. Cinque and
L. Candriella, of the Udine Bar, Sutes SpA, established in Udine,         (Officials — Suspension — Absence of any prior hearing —
and 33 others, Fabis Carlo & Co. Snc, established in Pavia di                             Action for annulment and damages)
Udine (Italy), Franco D’Odorico, residing in Capoformido
(Italy), Fiorindo Birri, residing in Manzano, Italy, Maria Cecilia
                                                                                                     (2000/C 211/37)
Framalicco, residing in Ampezzo (Italy), Autotrasporti di Viola
Claudio & Co. Snc, established in Cerpeneto-Pozzuolo del
Friuli (Italy), represented by C. Mussato, of the Udine Bar,
Pietro Stagno, residing in Trieste (Italy), Fabrizio Cernecca,                                 (Language of the case: French)
residing in Trieste, Trasporti e Spedizioni Internazionali
Cossutta Snc, established in Trieste, Giuseppe Camaur, residing
in Cormons (Italy), Cointra Transport and Trade Co. Srl,                  In Case T-211/98: F, an official of the Commission of the
established in Ronchi dei Legionari (Italy), Autotrasporti                European Communities, residing in Brussels, represented by
Silvano Zottich, established in Trieste, Zootrans Snc, estab-             G. Vandersanden and L. Levi, of the Brussels Bar, with an
lished in Passagio di Betona (Italy), Pauletic Antonio Succ. di           address for service in Luxembourg at the offices of Société de
Pauletic Igor, residing in Trieste, represented by M. Clarich and         Gestion Fiduciaire, 2-4 Rue Beck, v Commission of the Euro-
A. Giadrossi, of the Trieste Bar, supported by the Italian                pean Communities (Agents: G. Valsesia and J. Currall) —
Republic (Agents: U. Leanza, O. Fiumara, and, at the hearing,             application, first, for annulment of the decision of 16 Decem-
G. Aiello), against the Commission of the European Communi-               ber 1998 by which the appointing authority suspended the
ties (Agents: P.F. Nemitz, P. Stancarelli and M. Moretto)                 applicant from his duties and, second, for compensation for
— application for the annulment of Commission Decision                    the material and non-material damage suffered by the applicant
98/182/EC of 30 July 1997 concerning aid granted by the                   as a result of that decision — the Court of First Instance
Friuli-Venezia Giulia Region (Italy) to road haulage companies            (Second Chamber), composed of: J. Pirrung, President, and
in the Region (OJ 1998 L 66, p. 18) — the Court of First                  A. Potocki and A.W.H. Meij, Judges; G. Herzig, Administrator,
Instance (Fourth Chamber, Extended Composition), composed                 for the Registrar, has given a judgment on 15 June 2000, in
of R.M. Moura Ramos, President of the Chamber, R. Garcı́a                 which it:
Valdecasas, V. Tiili, P. Lindh, and P. Mengozzi, Judges; J. Palacio
González, Administrator, for the Registrar, gave a judgment              1. Annuls the decision of 16 December 1998 by which the
on 15 June 2000, the operative part of which is as follows:                    appointing authority suspended the applicant from his duties;