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Document 62000CJ0404
Judgment of the Court (Sixth Chamber) of 26 June 2003. # Commission of the European Communities v Kingdom of Spain. # Failure of Member State to fulfil obligations - State aid - Regulation (EC) No 1013/97 - Aid to publicly-owned shipyards - Commission Decision 2000/131/EC ordering repayment - Non-implementation. # Case C-404/00.
Judgment of the Court (Sixth Chamber) of 26 June 2003.
Commission of the European Communities v Kingdom of Spain.
Failure of Member State to fulfil obligations - State aid - Regulation (EC) No 1013/97 - Aid to publicly-owned shipyards - Commission Decision 2000/131/EC ordering repayment - Non-implementation.
Case C-404/00.
Judgment of the Court (Sixth Chamber) of 26 June 2003.
Commission of the European Communities v Kingdom of Spain.
Failure of Member State to fulfil obligations - State aid - Regulation (EC) No 1013/97 - Aid to publicly-owned shipyards - Commission Decision 2000/131/EC ordering repayment - Non-implementation.
Case C-404/00.
European Court Reports 2003 I-06695
ECLI identifier: ECLI:EU:C:2003:373
«(Failure of Member State to fulfil obligations – State aid – Regulation (EC) No 1013/97 – Aid to publicly-owned shipyards – Commission Decision 2000/131/EC ordering repayment – Non-implementation)»
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(Art. 88(2), second subpara., EC, Arts 226 EC, 227 EC, 230 EC and 232 EC)
(Art. 88(2) EC)
(Arts 10 EC and 88(2) EC)
(Art. 88(2), first subpara., EC)
JUDGMENT OF THE COURT (Sixth Chamber)
26 June 2003(1)
((Failure of Member State to fulfil obligations – State aid – Regulation (EC) No 1013/97 – Aid to publicly-owned shipyards – Commission Decision 2000/131/EC ordering repayment – Non-implementation))
In Case C-404/00, Commission of the European Communities, represented by K.-D. Borchardt and S. Rating, acting as Agents, with an address for service in Luxembourg,applicant,
v
Kingdom of Spain, represented by S. Ortiz Vaamonde, acting as Agent, with an address for service in Luxembourg,defendant,
APPLICATION for a declaration that, by not adopting within the prescribed period the measures necessary to comply with Commission Decision 2001/131/EC of 26 October 1999 on the State aid implemented by Spain in favour of the publicly-owned shipyards (OJ 2000 L 37, p. 22), which declares that that aid was granted illegally and is therefore incompatible with the common market, the Kingdom of Spain has failed to fulfil its obligations under the fourth paragraph of Article 249 EC and under Articles 2 and 3 of that decision,THE COURT (Sixth Chamber),,
having regard to the report of the Judge-Rapporteur,
after hearing the Opinion of the Advocate General at the sitting on 7 March 2002,
gives the following
On those grounds,
THE COURT (Sixth Chamber),
hereby:
Schintgen |
Gulmann |
Skouris |
Macken |
Colneric |
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R. Grass |
J.-P. Puissochet |
Registrar |
President of the Sixth Chamber |