CELEX: C2000/192/45
Language: en
Date: 2000-07-08 00:00:00
Title: Case T-124/00: Action brought on 9 May 2000 by Federazione Associazioni Imprese Distribuzione (FAID — Federdistribuzione) and Others against Commission of the European Communities

C 192/24                EN                      Official Journal of the European Communities                                         8.7.2000
Action brought on 9 May 2000 by Federazione Associa-                       — reduction of 25 % of the charges payable by all undertak-
zioni Imprese Distribuzione (FAID — Federdistribuzione)                         ings not located in the Mezzogiorno;
and Others against Commission of the European Com-
                            munities                                       — reduction of 40 % for undertakings in the commercial and
                                                                                tourist sectors which have fewer than 15 employees and
                                                                                are not located in the Mezzogiorno.
                         (Case T-124/00)
                                                                           In support of their pleas, the applicants contend:
                                                                           — That in this case no State aid is involved since the aim of
                         (2000/C 192/45)
                                                                                the assistance in question is to compensate for a pre-
                                                                                existing structural disadvantage, so as to allow all economic
                                                                                operators to enjoy the benefits of the same competitive
                                                                                situation.
                    (Language of the case: Italian)
                                                                           — Infringement of the principle audi alteram partem and of
                                                                                the rights of the defence;
An action against the Commission of the European Communi-
ties was brought before the Court of First Instance on 9 May               — Infringement of Article 87(3)(a) and (c) EC in so far as the
2000 by Federazione Associazioni Imprese Distribuzione                          contested decision describes the assistance in question as
(FAID — Federdistribuzione), SEFIM SpA, Esselunga SpA,                          aid for employment, without taking account of its positive
Supermercati Alimentari SMA Srl, Auchan Ipermercati SpA,                        effects in the areas involved.
Società Italiana Bricolage - SIB SpA, Smafin Srl, Rinascente
SpA, GS SpA and Gruppo COIN SpA, represented by Marco                      — That the contested decision is based on misapplication of
Sica, of the Milan Bar, with an address for service in Luxem-                   the Guidelines for aid to employment. (2) In any event, the
bourg at the chambers of Alain Lorang, 2 Rue des Dahlias.                       aim of creating new work posts is effectively secured.
                                                                           — Breach of the requirement of stating reasons and of the
                                                                                principle audi alteram partem.
The applicants claim that the Court of First Instance should:
                                                                           — The decision does not make it clear how the Commission
                                                                                applied the de minimis rule under which assistance of up
— Annul the contested decision wholly or in part;                               to ECU 100 000 over three years does not count as State
                                                                                aid.
— In the alternative, annul the contested decision to the
     extent to which it requires recovery of the aid already paid;         (1) OJ L 42 of 15.2.2000, p. 1.
                                                                           (2) OJ C 334 of 12.12.1995, p. 4.
— In any event, order the Commission to pay the costs.
Contentions and main arguments adduced in support
                                                                           Action brought on 10 May 2000 by Confederazione
                                                                           Generale dell’Industria Italiana (Confindustria) and Others
The present action is directed against the Commission decision                 against Commission of the European Communities
of 11 May 1999 C (1999) 1364 def ‘concerning aid granted
by Italy to promote employment’ (1) according to which                                               (Case T-126/00)
certain contributions provided for by Italian Laws Nos 863/84,
407/90, 169/91, 451/94 and 196/97, relating to the engage-                                          (2000/C 192/46)
ment of workers under training and work-experience contracts
and the conversion of such contracts into open-ended con-
tracts are to be regarded as aid incompatible with the common                                  (Language of the case: Italian)
market and are to be recovered from the recipients thereof.
                                                                           An action against the Commission of the European Communi-
                                                                           ties was brought before the Court of First Instance on 10 May
The legislation in question provides:                                      2000 by Confederazione Generale dell’Industria Italiana (Con-
                                                                           findustria), Confederazione Generale Italiana del Commercio,
                                                                           del Turismo, dei Servizi e delle PMI (Confcommercio), Confarti-
— for total exemption from social charges for recruitment                  gianato, Associazione Bancaria Italiana (ABI), Associazone
     under training and employment contracts for small-scale               Nazionale fra le Imprese Assicuratrici and Banco di Napoli
     craft industries, wherever located within national territory,         SpA, represented by Prof. Aurelio Pappalardo, of the Trapani
     and for undertakings located in the Mezzogiorno or other              Bar, and Massimo Merola, of the Rome Bar, with an address
     areas of Italy where unemployment exceeds the national                for service in Luxembourg at the chambers of Alain Lorang,
     average;                                                              51 Rue Albert I.