CELEX: C2007/269/56
Language: en
Date: 2007-11-10 00:00:00
Title: Case C-401/07: Action brought on 29 August 2007 — Commission of the European Communities v Kingdom of the Netherlands

10.11.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 269/33
            
         Action brought on 29 August 2007 — Commission of the European Communities v Kingdom of the Netherlands
   (Case C-401/07)
   (2007/C 269/56)
   Language of the case: Dutch
   Parties
   
      Applicant: Commission of the European Communities (represented by: H. van Vliet, acting as Agent)
   
      Defendant: Kingdom of the Netherlands
   Form of order sought
   
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               Declare that, by failing to implement, with regard to Fleuren Compost BV, Commission Decision 2001/521/EC of 13 December 2000 on the aid scheme implemented by the Kingdom of the Netherlands for six manure-processing companies (1) within the period laid down therein, the Kingdom of the Netherlands has failed to fulfil its obligations under the fourth paragraph of Article 249 EC and Articles 2 and 3 of that decision;
            
         
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               order Kingdom of the Netherlands to pay the costs.
            
         Pleas in law and main arguments
   In Decision 2001/521 the Commission decided that the Netherlands should recover from Fleuren Compost BV (‘Fleuren’) unlawful aid in the amount of EUR 487 328,13, plus interest. At the time when the application was lodged in this case, the resultant sum had not yet been repaid. So far, Fleuren has merely provided a bank guarantee for the sum. The applicant submits that this is contrary to Article 13(3) of Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article 93 of the EC Treaty (2), which provides for immediate and effective execution of the Commission's decision. Moreover, by judgment of 14 January 2004 the Court of First Instance dismissed Fleuren's action against the decision (Case T-109/01) and Fleuren has not appealed against that judgment.
   The applicant submits, inter alia, that the Netherlands legislation in question, as interpreted by the Netherlands Raad van State, makes execution unnecessarily complicated and time consuming. According to that interpretation, the principal sum is to be recovered in an administrative proceedings but interest is to be recovered in civil proceedings. The applicant submits also that the provision of a bank guarantee cannot be compared to the actual repayment of the amount of aid. A bank guarantee does not undo the financial advantage that Fleuren has enjoyed for years as a result of the fact that the defendant has paid aid to Fleuren without the Commission's approval, contrary to Article 88(3) EC.
   
      (1)  OJ 2001 L 189, p. 13.
   
      (2)  OJ 1999 L 83, p. 1.