CELEX: C1995/286/38
Language: en
Date: 1995-10-28 00:00:00
Title: Action brought on 11 August 1995 by the European Association of Mozzarella Manufacturers and Others against the Commission of the European Communities (Case T-157/95)

No C 286/ 16          EN                 Official Journal of the European Communities                                28 . 10 . 95
The applicants claim that the Court should:                              adopted pursuant thereto, in particular, Article 7 of
                                                                         Council Regulation ( EEC ) No 2080/83 of 20 July
                                                                         1993 .
annul Commission Decision No CF 94/ 10/65/005 of
21 December 1994 granting a contribution from the
Cohesion Fund for the project to build the New Road Bridge
over the Tagus in the Lisbon Region, Portugal .
Pleas in law and main arguments adduced in support:                 Action brought on 11 August 1995 by the European
                                                                    Association of Mozzarella Manufacturers and Others
                                                                      against the Commission of the European Communities
The applicants rely on the following grounds in support of
                                                                                          ( Case T-157/95 )
their application :
                                                                                             95 /C 286/38
1 . Breach of the principles and basic regulations of
     European environmental law:                                                   (Language of the case: English)
     — The consent given to the project to build the new            An action against the Commission of the European
        bridge over the Tagus is in breach of the principles        Communities was brought before the Court of First
        embodied in Council Directive 85/337/EEC of                 Instance of the European Communities on 11 August 1995
        27 June 1985 on the assessment of the effects of            by the European Association of Mozzarella Manufacturers
        certain public and private projects on the                  and Others, represented by Michel Waelbroeck and Jules
        environment inasmuch as the choice ( from among             Stuyck, with an address for service in Luxembourg at the
        the three possible alternatives ) of location for the       Chambers of Ernest Arendt, Rue Mathias Hardt 8—10 .
        bridge was not made subject to an assessment with
        regard to the environmental impact, the indirect and        The applicants claim that the Court should:
        cumulative effects were not studied and the rules
        regarding public consultation were not complied             — annul the Commission's decision referred to in press
        with .
                                                                        release Nr. IP/95/558 , and
     — Consent to the project is also contrary to Article 6(3 )     — annul, to the extent necessary, the press release
        of Council Directive 92/43/EEC of 21 May 1992                    IP/95/558 and the letter of Mr Legras to the applicants
        inasmuch as the assessment procedure in respect of               dated 10 July 1995 ,
        the impact of the project on the SPA ( Special
        Protection Area ) of the Tagus Estuary was not in           — in the alternative, and before takings its final decision,
        keeping with the aims of conservation .                          order the Commission to produce a copy of the Decision
                                                                         and of the decision approving the Selective Financial
     — Consent to the project also infringes Article 6 ( 4 ) of          Assistance Scheme,
        Council Directive 92/43/EEC of 21 May 1992
        inasmuch as it allows the Tagus SPA to be                   — order the Commission to pay the applicants' costs in this
        substantially affected without the European                      action .
        Commission having been consulted in that
        connection and without relating to human health or
        public safety, or positive consequences of primary          Pleas in law and main arguments adduced in support:
        importance for the environment. Even if it were to be
        considered that the last part of Article 6 ( 4 ) was not    The applicants, four companies involved in the manufacture
        applicable, consent is none the less contrary to the        and marketing of dairy products, and an association
        first part of that provision in view of the fact that       comprising those companies which has traditionally
        there were alternatives to the location of the bridge       represented the interests of its members in industrial
        which did not affect the SPA, the public interest in        matters, challenge the Commission decision not to raise
        the project was not justified and the necessary             objections to an aid to be granted by the Industrial
        compensatory measures were not ensured .                    Development Board of Northern Ireland to Leprino/Golden
                                                                    Vale for the establishment of a mozzarella production plant
     — The construction of the new bridge over the Tagus is         in Northern Ireland .
        contrary to Article 4 (4 ) of Directive 79/409/EEC
        inasmuch as disturbances in the SPA are not limited         The Lemprimo/Golden Vale joint venture will represent the
        to the least possible and are not strictly necessary .      largest single investment ever made in the Northern Ireland
                                                                    dairy industry and the applicants suspect that the proposed
 2 . Unlawfulness of the decision : Commission Decision No          £ 32 million plan will have a production capacity by far
     CF 94/10/65/005 is unlawful inasmuch as it is contrary         superior to the 18 000 tonnes announced .
     to the principle that programmes financed by the
     Structural Funds are required to be in keeping with the         Since the 1987 special framework for investment aid
     provisions of the treaties and with the instruments             relating to the manufacture and marketing of certain dairy
 ---pagebreak--- 28 . 10 . 95          EN                 Official Journal of the European Communities                              No C 286/ 17
products and of substitute products, the Commission has                aid for investments in processing and marketing of
insisted on obtaining, from Member States contemplating                agricultural products, did not require its notification.
the grant of aid to investment projects in the sector, evidence
that such investments would not bring about any increase in
capacity to use cow's milk or in the manufacture and                — Infringement of Article 93 ( 2 ) of the EC Treaty in so far
marketing of imitation or substitute milk or milk                      as the Commission refused to open the procedure laid
products.                                                              down in Article 93 (2 ) of the EC Treaty. In dealing with
                                                                       this matter the Commission has simply relied on
According to the applicants, the Commission made manifest              assurances given by the United Kingdom authorities and
errors of fact when deciding that the contested aid complied           has not made an independent examination of the issues
with such rules . The applicants accordingly seek the                  raised by the applicants, in spite of the strong factural
annulment of the contested decision on the following                   evidence that the contested aid was incompatible with
grounds :                                                              Community rules .
— Infringement of Article 93 ( 3 ) of the EC Treaty in so far
    as the Commission, having considered that the contested         — Infringement of Article 190 of the EC Treaty in so far as
    aid complied with the selection criteria applying to State         the decision does not contain proper reasons .