CELEX: E2004P0005
Language: en
Date: 2004-08-31 00:00:00
Title: Action brought on 31 August 2004 by Fesil ASA and Finnfjord Smelteverk AS against the EFTA Surveillance Authority (Case E-5/04)

23.12.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 319/70
            
         Action brought on 31 August 2004 by Fesil ASA and Finnfjord Smelteverk AS against the EFTA Surveillance Authority
   (Case E-5/04)
   (2004/C 319/12)
   An action against the EFTA Surveillance Authority was brought before the EFTA Court on 31 August 2004 by Fesil ASA and Finnfjord Smelteverk AS, represented by Jan Magne Langseth, Advokat, Advokatfirmaet Schjødt AS, Dronning Mauds gt. 11, P.b. 2444 Solli, N-0201 Oslo.
   The applicant claims that the Court should:
   
               1.
            
            
               Annul the EFTA Surveillance Authority's Decision 148/04/COL dated 30 June 2004; and
            
         
               2.
            
            
               Order the EFTA Surveillance Authority to pay the costs of the proceedings.
            
         Legal and factual background and pleas in law adduced in support:
   
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               The EFTA Surveillance Authority's Decision 148/04/COL (the ‘Decision’) concludes that the Norwegian measure exempting the manufacturing and the mining industries from the tax on electricity consumption constitutes State aid and that it constitutes new aid as from 1 January 2002.
            
         
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               The Decision concludes that the relevant measures are incompatible with the EEA Agreement and the incompatible aid must be recovered from the aid recipients.
            
         
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               The EFTA Surveillance Authority has not made a correct assessment of Article 61(1) EEA.
            
         
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               The EFTA Surveillance Authority misuses its powers under the EEA Agreement by its incorrect application of Article 61(3) EEA and the Environmental Guidelines.
            
         
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               There is no legal basis for recovery of the alleged aid from the applicants.