CELEX: C2004/118/100
Language: en
Date: 2004-04-30 00:00:00
Title: Case T-117/04: Action brought on 24 March 2004 by the Vereniging Werkgroep Commerciële Jachthavens Zuidelijke Randmeren and Others against the Commission of the European Communities

30.4.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 118/46
            
         Action brought on 24 March 2004 by the Vereniging Werkgroep Commerciële Jachthavens Zuidelijke Randmeren and Others against the Commission of the European Communities
   (Case T-117/04)
   (2004/C 118/100)
   Language of the case: Dutch
   An action against the Commission of the European Communities was brought before the Court of First Instance of the European Communities on 24 March 2004 by the Vereniging Werkgroep Commerciële Jachthavens Zuidelijke Randmeren, established in Zeewolde (Netherlands), Jachthaven Zijl Zeewolde B.V., established in Zeewolde (Netherlands), Wolderwijd II BV, established in Zeewolde (Netherlands), Jachthaven Strand-Horst BV, established in Ermelo (Netherlands), Recreatiegebied Erkemederstrand V.O.F., established in Zeewolde (Netherlands), Jachthaven and Campingbedrijf Nieuwboer B.V., established in Bunschoten-Spakenburg (Netherlands) and Jachthaven Naarden B.V., established in Naarden (Netherlands), represented by T.R. Ottervanger and A.S. Bijleveld.
   The applicants claim that the Court of First Instance should:
   
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               annul Commission Decision C(2003)3890fin of 17 December 2003 concerning aid measures implemented by the Netherlands in favour of non-profit making marinas in the Netherlands and deem the aid granted to be unlawful aid;
            
         
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               order the Commission to pay the costs.
            
         Pleas and main arguments
   In the contested decision the Commission is of the opinion that, in regard to the marinas concerned, there is no State aid within the meaning of Article 87(1) EC. According to the Commission, in regard to the Wieringermeer marina, there is no benefit and that, in regard to the Nijkerk and Enkhuizen marinas, trade between the Member States is not adversely affected by the aid measure.
   In support of their application, the applicants submit that the Commission misapplied and misconstrued Article 87(1) EC. They maintain first that the Commission manifestly erred in its assessment in accepting that the aid measure in regard to the marinas in Enkhuizen and Nijkerk does not affect trade between the Member States. According to the applicants, the marinas are active in an international tourist sector and do not have a strictly local function.
   They further submit that the Commission also manifestly erred in its assessment in regard to the calculation of the amount of State aid in favour of the marina in Nijkerk. According to the applicants, the Commission wrongly proceeded on the basis that the estimation was based on an unpolluted and well-maintained marina.
   According to the applicants, there is also State aid in the case of the Wieringermeer marina.