CELEX: C2002/156/30
Language: en
Date: 2002-06-29 00:00:00
Title: Judgment of the Court of First Instance of 6 March 2002 in Case T-168/99 Territorio Histórico de Àlava — Diputación Foral de Àlava v Commission of the European Communities (State aid — Decision to initiate the procedure under Article 88(2) — Order to suspend payment of alleged aid)

C 156/16              EN                     Official Journal of the European Communities                                            29.6.2002
   JUDGMENT OF THE COURT OF FIRST INSTANCE                              4.    In Cases T-129/99 and T-148/99, Article 1(c) of Decision
                                                                              1999/718 is annulled in so far as it excludes the plant valued
                                                                              at EUR 1 803 036,31 from the eligible costs covered by the
                        of 6 March 2002                                       Ekimen aid scheme.
in Joined Cases T-127/99, T-129/99 and T-148/99: Territo-               5.    In Cases T-127/99 and T-148/99, Article 1(e) of Decision
rio Histórico de Álava — Diputación Foral de Álava and                    1999/718 is annulled.
  Others v Commission of the European Communities (1)
                                                                        6.    In Cases T-129/99 and T-148/99, Article 2(1)(a) of Decision
                                                                              1999/718 is annulled in so far as it refers to Article 1(a) and
(State aid — Concept of State aid — Tax measures —                            (b) of that decision and in so far as it instructs the Kingdom of
Selective nature — Justification owing to the nature or                       Spain to recover from Demesa aid relating to the annulled part
scheme of the tax system — Compatibility of the aid with                      of Article 1(c) of that decision.
                      the common market)
                                                                        7.    In Cases T-127/99 and T-148/99, Article 2(1)(b) of Decision
                                                                              1999/718 is annulled in so far as it refers to Article 1(e) of
                        (2002/C 156/29)                                       that decision.
                  (Language of the case: Spanish)                       8.    The actions are dismissed as to the remainder.
                                                                        9.    Each party is ordered to pay its own costs.
In Joines Cases T-127/99, Territorio Histórico de Álava —
Diputación Foral de Álava and Others, represented by A. Creus
                                                                        (1) OJ C 226 of 7.8.1999 and C 299 of 16.10.1999.
Carreras and B. Uriarte Valiente, lawyers, T-129/99, Comu-
nidad Autónoma del Paı́s Vasco, Gasteizko Industria Lurra, SA,
established in Vitoria (Spain), represented by F. Pombo Garcı́a,
E. Garayar Gutiérrez and J. Alonso Berberena, lawyers, with an
address for service in Luxembourg, and T-148/99 Daewoo
Electronics Manufacturing España, SA, established in Vitoria,
represented by A. Creus Carreras and B. Uriarte Valiente,
lawyers, against Commission of the European Communities
(Agents: F. Santaolalla, G. Rozet and G. Valero Jordana)                    JUDGMENT OF THE COURT OF FIRST INSTANCE
supported by Asociación Nacional de Fabricantes de Electrodo-
mésticos de Lı́nea Blanca (ANFEL), having its registered office
in Madrid (Spain), represented by M. Muñiz and M. Cortés                                          of 6 March 2002
Muleiro, lawyers, with an address for service in Luxembourg,
and by Conseil européen de la construction d’appareils domes-
                                                                        in Case T-168/99 Territorio Histórico de Àlava — Diputa-
tiques (CECED), represented by A. González Martı́nez, lawyer,
                                                                        ción Foral de Àlava v Commission of the European
with an address for service in Luxembourg — application                                            Communities (1)
for annulment of Commission Decision 1999/718/EC of
24 February 1999 concerning State aid granted by Spain to
Daewoo Electronics Manufacturing España SA (Demesa) (OJ                (State aid — Decision to initiate the procedure under
1999 L 292, p. 1) — the Court of First Instance (Third                    Article 88(2) — Order to suspend payment of alleged aid)
Chamber, Extended Composition), composed of J. Azizi,
President of the Chamber, K. Lenaerts, V. Tiili, R.M. Moura
Ramos and M. Jaeger, Judges; J. Plingers, Administrator, for the                                   (2002/C 156/30)
Registrar, has given a judgment on 6 March 2002, the
operative part of which is as follows:                                                      (Language of the case: Spanish)
1.   In Case T-129/99, the action is inadmissible in so far as it
     seeks the annulment of Article 1(d) and (e) of Commission
     Decision 1999/718/EC of 24 February 1999 concerning                In Case T-168/99 Territorio Histórico de Àlava — Diputación
     State aid granted by Spain to Daewoo Electronics Manufactur-       Foral de Àlava, represented by A. Creus Carreras, lawyer, v
     ing España SA (Demesa) and of Article 2(1)(b) thereof.            Commission of the European Communities (Agents: F. Santaol-
                                                                        alla, G. Rozet and G. Valero Jordana) — application for
                                                                        annulment of the Commission Decision of 31 March 1999
2.   In Cases T-129/99 and T-148/99, Article 1(a) of Decision           initiating the procedure under Article 88(2) EC in respect of
     1999/718 is annulled.                                              the aid granted by the Spanish authorities to Ramondı́n SA
                                                                        and Ramondı́n Cápsulas SA, on the one hand, and requiring
3.   In Cases T-129/99 and T-148/99, Article 1(b) of Decision           the Spanish authorities to suspend payment of that aid, on the
     1999/718 is annulled.                                              other (OJ 1999 C 194, p. 18) — the Court of First Instance
 ---pagebreak--- 29.6.2002              EN                       Official Journal of the European Communities                                          C 156/17
(Third Chamber, Extended Composition), composed of J. Azizi,               2.    Declares that there is no longer need to adjudicate on the claim
President of the Chamber, K. Lenaerts, V. Tiili, R.M. Moura                      for a declaration that the Commission failed to act;
Ramos and M. Jaeger, Judges; J. Plingers, Administrator, for the
Registrar, has given a judgment on 6 March 2002 in which it:               3.    Orders the Commission to bear its own costs and to pay one
                                                                                 half of the applicant’s costs.
1.    Declares that there is no need to adjudicate on the application;
2.    Orders the applicant to pay the costs.
                                                                           (1) OJ C 352 of 4.12.1999.
(1) OJ C 281 of 2.10.1999.
                                                                               JUDGMENT OF THE COURT OF FIRST INSTANCE
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                                        of 28 February 2002
                         of 7 March 2002                                   in Joined Cases T-227/99 and T-134/00: Kvaerner Warnow
                                                                           Werft GmbH v Commission of the European Communi-
in Case T-212/99: Intervet International BV v Commission                                                    ties (1)
               of the European Communities (1)
                                                                           (State aids — Shipbuilding — Former German Democratic
(Regulation (EEC) No 2377/90 — Veterinary medicinal                        Republic — Limits on capacity — Composition of the
products — Application for the inclusion of ‘Altrenogest’ in               Commission — Commission Member given leave of absence
the list of substances for which a provisional maximum                     — Election of Commission Members to the European Parlia-
residue limit may be established — Opinion of the Committee                                                 ment)
for Veterinary Medicinal Products (CVMP) — Action for
annulment — Inadmissibility — Action for failure to act —
Adoption of a position putting an end to the inaction — No                                           (2002/C 156/32)
                        need to adjudicate)
                                                                                               (Language of the case: German)
                          (2002/C 156/31)
                   (Language of the case: English)
                                                                           In Joined Cases T-227/99 and T-134/00: Kvaerner Warnow
                                                                           Werft GmbH, established in Rostock-Warnemünde (Germany),
                                                                           represented by M. Schütte, lawyer, with an address for service
In Case T-212/99, Intervet International BV, formerly Hoechst              in Luxembourg, v Commission of the European Communities
Roussel Vet GmbH, established in Boxmeer (Netherlands),                    (Agent: K.-D. Borchardt) — application for annulment of
represented by D. Waelbroek and D. Brinckman, lawyers, with                Commission Decision 1999/675/EC of 8 July 1999, as
an address for service in Luxembourg, v Commission of the                  amended, and of Commission Decision 2000/336/EC of
European Communities (Agents: T. Christoforou, H. Stolvlbaek               15 February 2000 on State aid granted by the Federal Republic
and F. Ruggeri-Laderchi): Application for the annulment of an              of Germany to Kvaerner Warnow Werft GmbH (OJ 1999
alleged Commission decision rejecting an application by the                L 274, p. 23 and OJ 2000 L 120, p. 12, respectively) — the
applicant for the insertion of the substance ‘altrenogest’ in              Court of First Instance (Fourth Chamber, Extended Compo-
Annex III to Council Regulation (EEC) No 2377/90 of                        sition), composed of: P. Mengozzi, President, R. Garcı́a-
26 June 1990 laying down a Community procedure for                         Valdecasas, V. Tiili, R.M. Moura Ramos and J.D. Cooke, Judges;
the establishment of maximum residue limits of veterinary                  D. Christensen, Administrator, for the Registrar, has given a
medicinal products in foodstuffs of animal origin (OJ 1990                 judgment on 28 February 2002, in which it:
L 224, p. 1) and, in the alternative, for a declaration that the
Commission unlawfully failed to prepare a draft of measures
                                                                           1.    Annuls Commission Decision 1999/675/EC of 8 July 1999
to be taken with a view to such insertion and to initiate the
                                                                                 on the State aid implemented by Germany in favour of Kvaerner
procedure laid down in Article 8 of that regulation. The Court
                                                                                 Warnow Werft GmbH, as amended by Commission Decision
of First Instance (Second Chamber), composed of: R.M. Moura
                                                                                 2000/416/EC of 29 March 2000 on State aid implemented
Ramos, President, J. Pirrung and A.W.H. Meij, Judges; H. Jung,
                                                                                 by Germany in favour of Kvaerner Warnow Werft GmbH
Registrar, has given a judgment on 7 March 2002, in which it:
                                                                                 (1999) and Commission Decision 2000/336/EC of 15 Febru-
                                                                                 ary 2000 on State aid implemented by Germany in favour of
1.    Dismisses the claim for annulment as inadmissible;                         Kvaerner Warnow Werft GmbH;