CELEX: C2001/173/10
Language: en
Date: 2001-06-16 00:00:00
Title: Judgment of the Court of 15 February 2001 in Case C-99/98: Republic of Austria v Commission of the European Communities (Action for annulment — Plan to grant State aid in the field of power semiconductors — Notification of the Commission — Content of the notification and of supplementary questions put by the Commission — Nature and duration of the investigation — Commission's right of objection — Article 93(3) of the EC Treaty (now Article 88(3) EC))

16.6.2001               EN                      Official Journal of the European Communities                                            C 173/7
                 JUDGMENT OF THE COURT                                                       JUDGMENT OF THE COURT
                       of 15 February 2001                                                            (Sixth Chamber)
                                                                                                    of 15 February 2001
in Case C-99/98: Republic of Austria v Commission of the
                   European Communities (1)
                                                                           in Case C-230/99: Commission of the European Communi-
                                                                                                 ties v French Republic (1)
(Action for annulment — Plan to grant State aid in the field
of power semiconductors — Notification of the Commission
— Content of the notification and of supplementary ques-                   (Failure of a Member State to fulfil its obligations —
tions put by the Commission — Nature and duration of                       Infringement of Article 30 of the EC Treaty (now, after
the investigation — Commission’s right of objection —                      amendment, Article 28 EC) — National legislation concern-
    Article 93(3) of the EC Treaty (now Article 88(3) EC))                 ing rubber materials and rubber articles entering into contact
                                                                           with foodstuffs, food products and beverages — Mutual
                                                                           recognition — No proper letter of formal notice — Action
                          (2001/C 173/10)                                                               inadmissible)
                                                                                                      (2001/C 173/11)
                   (Language of the case: German)
                                                                                                (Language of the case: French)
(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-99/98: Republic of Austria (Agent: W. Okresek) v
Commission of the European Communities (Agents: V. Kreu-                   In Case C-230/99: Commission of the European Communities
schitz and P.F. Nemitz) — application for annulment of                     (Agents: H. van Lier and O. Couvert-Castéra) v French Republic
Commission Decision SG(98) D/1124 of 9 February 1998 to                    (Agents: J.-F. Dobelle, R. Loosli-Surrans and K. Rispal-Bellang-
open a formal investigation procedure under Article 93(2) of               er) — application for a declaration that, by adopting the Order
the EC Treaty (now Article 88(2) EC) in respect of State aid               of 9 November 1994 concerning rubber materials and rubber
C 84/97 (ex N 509/96) in favour of Siemens Bauelemente                     articles entering into contact with foodstuffs, food products
OHG, established in Villach, Austria — the Court, composed                 and beverages (Journal Officiel de la République Française of
of: C. Gulmann, President of the Sixth Chamber, acting as                  2 December 1994, p. 17029) without expressly providing for
President, A. La Pergola, M. Wathelet and V. Skoutis (Rappor-              recognition of technical rules, standards and manufacturing
teur), D.A.O. Edward, J.-P. Puissochet, P. Jann, L. Sevón and             processes lawfully followed in the other Member States and
R. Schintgen, Judges; F.G. Jacobs, Advocate General; H. von                recognition of the results of the related checks and tests carried
Holstein, Deputy Registrar, has given a judgment on 15 Febru-              out by an inspectorate or a laboratory officially recognised in
ary 2001, in which it:                                                     another Member State, the French Republic has failed to fulfil
                                                                           its obligations under Article 30 of the EC Treaty (now, after
                                                                           amendment, Article 28 EC) — the Court (Sixth Chamber),
1.    Annuls Commission Decision SG(98) D/1124 of 9 February
                                                                           composed of: C. Gulmann, President of the Chamber, V. Skou-
      1998 to open a formal investigation procedure under
                                                                           ris, J.-P. Puissochet, R. Schintgen and F. Macken (Rapporteur),
      Article 93(2) of the EC Treaty (now Article 88(2) EC) in
                                                                           Judges; S. Alber, Advocate General; H. von Holstein, Deputy
      respect of State aid C 84/97 (ex N 509/96) in favour of
                                                                           Registrar, has given a judgment on 15 February 2001, in
      Siemens Bauelemente OHG;
                                                                           which it:
2.    Orders the Commission of the European Communities to pay             1.     Dismisses the action as inadmissible;
      the costs.
                                                                           2.     Orders the parties to bear their own costs.
(1) OJ C 209 of 4.7.1998.
                                                                           (1) OJ C 226 of 7.8.1999.