CELEX: C2000/211/35
Language: en
Date: 2000-07-22 00:00:00
Title: Judgment of the Court of First Instance of 13 June 2000 in Joined Cases T-204/97 and T-270/97: EPAC — Empresa para a Agroalimentação e Cereais SA v Commission of the European Communities (Action for annulment — State Aid — Article 92(1) and (3) of the EC Treaty (now, after amendment, Article 87(1) and (3) EC) — Meaning of aid — State guarantee for the financing of a public undertaking — Suspension of aid — No need to adjudicate)

22.7.2000                EN                      Official Journal of the European Communities                                        C 211/17
                                                           COURT OF FIRST INSTANCE
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                     JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                    of 13 June 2000
                           of 25 May 2000
                                                                            in Joined Cases T-204/97 and T-270/97: EPAC — Empresa
in Case T-77/95 RV: Union Française de l’Express (Ufex)                     para a Agroalimentação e Cereais SA v Commission of
and Others v Commission of the European Communi-                                            the European Communities (1)
                                 ties (1)
                                                                            (Action for annulment — State Aid — Article 92(1) and (3)
                                                                            of the EC Treaty (now, after amendment, Article 87(1) and
(Competition — Rejection of a complaint — Community                         (3) EC) — Meaning of aid — State guarantee for the
interest — Appeal — Case referred back by the Court of                      financing of a public undertaking — Suspension of aid —
                                Justice)                                                         No need to adjudicate)
                                                                                                    (2000/C 211/35)
                           (2000/C 211/34)
                                                                                             (Language of the case: Portuguese)
                     (Language of the case: French)
                                                                            In Joined Cases T-204/97 and T-270/97: EPAC — Empresa
                                                                            para a Agroalimentação e Cereais SA, established in Lisbon,
                                                                            represented by J. Mota de Campos, of the Lisbon Bar, with an
In Case T-77/95 RV: Union Française de l’Express (Ufex),                    address for service in Luxembourg at the Chambers of J. Calvo
formerly Syndicat Français de l’Express International (SFEI),               Barasan, 34 Boulevard Ernest Feltgen, against the Commission
established in Roissy-en-France, France, DHL International,                 of the European Communities (Agents: D. Triantafyllou and
established in Roissy-en-France, Service CRIE, established in               A.A.M. Alves Vieira) — application, in Case T-204/97, for the
Paris, and May Courrier, established in Paris, represented by               annulment of Commission Decision 97/433/EC of 30 April
E. Morgan de Rivery, of the Paris Bar, and J. Derenne, of the               1997 requiring the Portuguese Government to suspend the aid
Brussels and Paris Bars, with an address for service in                     in the form of a State guarantee granted to the undertaking
Luxembourg at the Chambers of A. Schmitt, 7 Val Sainte-                     EPAC — Empresa Para a Agroalimentação e Cereais SA (OJ
Croix, v Commission of the European Communities (Agents:                    1997 L 186, p. 25) and, in Case T-270/97, for the annulment
R. Lyal and J.-Y. Art) — application for annulment of                       of Commission Decision 97/762/EC of 9 July 1997 on
Commission Decision SG (94) D/19144 of 30 December 1994                     measures taken by Portugal to assist EPAC — Empresa Para a
rejecting the complaint of 21 December 1990 by Syndicat                     Agroalimentação e Cereais SA (OJ 1997 L 311, p. 25) — the
Français de l’Express International — the Court of First                    Court of First Instance (Fifth Chamber, Extended Composition),
Instance (Second Chamber), composed of: J. Pirrung, President,              composed of J.D. Cooke, President of the Chamber, R. Garcı́a-
R.M. Moura Ramos and A.W.H. Meij, Judges; B. Pastor,                        Valdecasas, P. Lindh, J. Pirrung and M. Vilaras, Judges; A. Mair,
Principal Administrator, for the Registrar, gave a judgment on              Administrator, for the Registrar, gave a judgment on 13 June
25 May 2000, in which it:                                                   2000, the operative part of which is as follows:
1. Annuls Commission Decision SG (94) D/19144 of                            1. Cases T-204/97 and T-270/97 are joined for the purposes of
     30 December 1994 rejecting the complaint of 21 December                     the judgment;
     1990 by Syndicat Français de l’Express International (SFEI),
     now Union Française de l’Express (Ufex);                               2. The action in Case T-270/97 is dismissed;
                                                                            3. There is no need to adjudicate on the action in Case T-204/97;
2. Orders the Commission to bear its own costs and to pay all the
     costs incurred by the applicants before the Court of First Instance    4. The applicant is ordered to bear its own costs and those incurred
     and the Court of Justice.                                                   by the Commission in Case T-270/97;
                                                                            5. The applicant is ordered to bear its own costs and those incurred
                                                                                 by the Commission in Case T-204/97.
(1) OJ C 137 of 3.6.95.
                                                                            (1) OJ No C 318, 18.10.1997 and No C 370, 6.12.1997.