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Document 62001TJ0116
Judgment of the Court of First Instance (First Chamber, extended composition) of 5 August 2003. # P & O European Ferries (Vizcaya), SA (T-116/01) and Diputación Foral de Vizcaya (T-118/01) v Commission of the European Communities. # State aid - Actions for annulment - Decision terminating a review procedure initiated under Article 88(2) EC - Concept of State aid - Purchase of services by the State at the market price - Aid having a social character granted without discrimination related to the origin of the products concerned - Failure to order a Member State to produce the necessary information - Obligation to refund aid - Legitimate expectations of recipients - Statement of reasons. # Joined cases T-116/01 and T-118/01.
Judgment of the Court of First Instance (First Chamber, extended composition) of 5 August 2003.
P & O European Ferries (Vizcaya), SA (T-116/01) and Diputación Foral de Vizcaya (T-118/01) v Commission of the European Communities.
State aid - Actions for annulment - Decision terminating a review procedure initiated under Article 88(2) EC - Concept of State aid - Purchase of services by the State at the market price - Aid having a social character granted without discrimination related to the origin of the products concerned - Failure to order a Member State to produce the necessary information - Obligation to refund aid - Legitimate expectations of recipients - Statement of reasons.
Joined cases T-116/01 and T-118/01.
Judgment of the Court of First Instance (First Chamber, extended composition) of 5 August 2003.
P & O European Ferries (Vizcaya), SA (T-116/01) and Diputación Foral de Vizcaya (T-118/01) v Commission of the European Communities.
State aid - Actions for annulment - Decision terminating a review procedure initiated under Article 88(2) EC - Concept of State aid - Purchase of services by the State at the market price - Aid having a social character granted without discrimination related to the origin of the products concerned - Failure to order a Member State to produce the necessary information - Obligation to refund aid - Legitimate expectations of recipients - Statement of reasons.
Joined cases T-116/01 and T-118/01.
European Court Reports 2003 II-02957
ECLI identifier: ECLI:EU:T:2003:217
«(State aid – Actions for annulment – Decision terminating a review procedure initiated under Article 88(2) EC – Concept of State aid – Purchase of services by the State at the market price – Aid having a social character granted without discrimination related to the origin of the products concerned – Failure to order a Member State to produce the necessary information – Obligation to repay aid – Legitimate expectations of recipients – Statement of reasons)»
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(Art. 88(3) EC)
(Art. 87 EC)
(Art. 253 EC)
(Art. 88(3) EC)
(Arts 87(1) EC and 295 EC)
(Art. 87(2)(a) EC)
(Arts 87 EC and 88 EC)
(Arts 88 EC, 220 EC, 230, first para., EC and 233 EC; Charter of fundamental rights of the European Union, Art. 47; European
Convention on Human Rights, Arts 6 and 13)
(Art. 88(2) and (3) EC; Council Regulation No 659/1999, Art. 4(6))
(Art. 88(3) EC)
JUDGMENT OF THE COURT OF FIRST INSTANCE (First Chamber, Extended Composition)
5 August 2003 (1)
((State aid – Actions for annulment – Decision terminating a review procedure initiated under Article 88(2) EC – Concept of State aid – Purchase of services by the State at the market price – Aid having a social character granted without discrimination related to the origin of the products concerned – Failure to order a Member State to produce the necessary information – Obligation to refund aid – Legitimate expectations of recipients – Statement of reasons))
In Joined Cases T-116/01 and T-118/01, P&O European Ferries (Vizcaya) SA, formerly Ferries Golfo de Vizcaya SA, established in Bilbao (Spain), represented by Sir Jeremy Lever QC, D. Beard, barrister, J. Ellison, solicitor, and J. Folguera Crespo, lawyer,applicant in Case T-116/01 and intervener in Case T-118/01 in support of the Diputación Foral de Vizcaya,
Diputación Foral de Vizcaya, represented by M. Morales Isasi and I. Sáenz-Cortabarría Fernández, lawyers,applicant in Case T-118/01 and intervener in Case T-116/01 in support of P&O European Ferries (Vizcaya) SA,
v
Commission of the European Communities, represented by J.M. Flett, J. Buendía and D. Triantafyllou, acting as Agents, with an address for service in Luxembourg,defendant,
APPLICATIONS for annulment of Commission Decision 2001/247/EC of 29 November 2000 on the aid scheme implemented by Spain in favour of the shipping company Ferries Golfo de Vizcaya (OJ 2001 L 89, p. 28),THE COURT OF FIRST INSTANCE OF THE EUROPEAN COMMUNITIES (First Chamber, Extended Composition),
having regard to the written procedure and further to the hearing on 4 February 2003,
gives the following
On those grounds,
THE COURT OF FIRST INSTANCE (First Chamber, Extended Composition),
hereby:
Vesterdorf |
Lenaerts |
Azizi |
Jaeger |
Legal |
|
H. Jung |
B. Vesterdorf |
Registrar |
President |