CELEX: C2003/289/21
Language: en
Date: 2003-11-29 00:00:00
Title: Order of the Court (Fifth Chamber) of 24 July 2003 in Case C-297/01 (Reference for a preliminary ruling from the Tribunal Judicial da Comarca de Alcácer do Sal): Sicilcassa Spa v IRA Costruzioni SpA, Francesco Gaetano Restivo Graci and Others, and between Francesco Gaetano Restivo Graci and Others and IRA Costruzioni SpA, Amministrazione straordinaria della Holding personale Graci Gaetano, Sicilcassa SpA (State aid — Articles 87 EC and 88 EC — New aid — Absence of prior notification — Aid incompatible with the common market — Withdrawal of aid — Transitional arrangements maintaining the effect of the withdrawn aid)

29.11.2003               EN                          Official Journal of the European Union                                                 C 289/11
                 JUDGMENT OF THE COURT                                                            ORDER OF THE COURT
                                                                                                        (Fifth Chamber)
                          (Third Chamber)
                                                                                                         of 24 July 2003
                        of 16 October 2003                                   in Case C-297/01 (Reference for a preliminary ruling from
                                                                             the Tribunal Judicial da Comarca de Alcácer do Sal):
                                                                             Sicilcassa Spa v IRA Costruzioni SpA, Francesco Gaetano
in Case C-30/03: Commission of the European Communi-                         Restivo Graci and Others, and between Francesco Gaet-
ties v Instituto Tecnológico para a Europa Comunitária                       ano Restivo Graci and Others and IRA Costruzioni SpA,
                               (ITEC) (1)                                    Amministrazione straordinaria della Holding personale
                                                                                             Graci Gaetano, Sicilcassa SpA (1)
                                                                             (State aid — Articles 87 EC and 88 EC — New aid —
(Arbitration clause — Non-performance of contract —
                                                                             Absence of prior notification — Aid incompatible with the
    Recovery of moneys advanced — Procedure in default)
                                                                             common market — Withdrawal of aid — Transitional
                                                                              arrangements maintaining the effect of the withdrawn aid)
                          (2003/C 289/20)                                                               (2003/C 289/21)
                                                                                                  (Language of the case: Italian)
                  (Language of the case: Portuguese)
                                                                             (Provisional translation; the definitive translation will be published
                                                                                                 in the European Court Reports)
(Provisional translation; the definitive translation will be published
                    in the European Court Reports)
                                                                             In Case C-297/01: Reference to the Court under Article 234 EC
                                                                             by the Tribunale di Catania (Italy) for a preliminary ruling in the
                                                                             proceedings pending before that court between Sicilcassa Spa
                                                                             and IRA Costruzioni SpA, Francesco Gaetano Restivo Graci
In Case C-30/03, Commission of the European Communities                      and Others, and between Francesco Gaetano Restivo Graci and
(Agents: G. Braga da Cruz and C. Giolito) v Instituto Tecnoló-               Others and IRA Costruzioni SpA, Amministrazione straordina-
gico para a Europa Comunitária (ITEC), a private establishment               ria della Holding personale Graci Gaetano, Sicilcassa SpA on the
established in Lisbon (Portugal): Application by the Com-                    interpretation of Articles 87 EC and 88 EC, the Court (Fifth
mission under Article 238 EC to recover EUR 26 105,97                        Chamber), composed of: M. Wathelet (Rapporteur), President of
advanced by it to the defendant in relation to performance of                the Chamber, C.W.A. Timmermans, A. La Pergola, P. Jann and
Contract No PRO 036, together with default interest, the Court               S. von Bahr, Judges; D. Ruiz-Jarabo Colomer, Advocate General;
(Third Chamber), composed of: J.-P. Puissochet, President of                 R. Grass, Registrar, the national court having been informed
the Chamber, F. Macken and J.N. Cunha Rodrigues (Rappor-                     that the Court proposes to give its decision by reasoned order
teur), Judges; S. Alber, Advocate General; R. Grass, Registrar,              pursuant to Article 104(3) of its Rules of Procedure, the persons
has given a judgment on 16 October 2003, in which it:                        referred to in Article 20 of the EC Statute of the Court of Justice
                                                                             having been invited to submit any observations they may have
                                                                             on that proposal, has made an order on 24 July 2003, the
                                                                             operative part of which is as follows:
1.    Orders Instituto Tecnológico para a Europa Comunitária (ITEC)
      to repay to the Commission of the European Communities the
      sum of EUR 26 105,97, together with default interest at the            1.    Transitional rules such as those laid down by Article 106 of
      rate prescribed by Luxembourg law, calculated in accordance                  Legislative Decree No 270/99 of 8 July 1999 introducing new
      with the provisions of the Grand-Ducal Regulations of 21 Janu-               rules on the special administration of large insolvent firms, which
      ary and 22 December 2000, 21 January 2002 and 24 January                     maintain the effects of a new State aid scheme which has not been
      2003, until the debt is paid in full;                                        notified to the Commission and has been declared incompatible
                                                                                   with Community law, in themselves constitute a new State aid
                                                                                   scheme within the meaning of Articles 87 EC and 88 EC.
2.    Orders Instituto Tecnológico para a Europa Comunitária (ITEC)
      to pay the costs.                                                      2.    The questions asking for the Court’s assessment of the compati-
                                                                                   bility with the common market of transitional rules such as
                                                                                   those laid down by Article 106 of Legislative Decree No 270/
                                                                                   99 are inadmissible.
(1) OJ C 70 of 22.3.2003.
                                                                             (1) OJ C 303 of 27.10.2001.