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You are here: BAILII >> Databases >> Court of Justice of the European Communities (including Court of First Instance Decisions) >> Spain v Commission (State aid) [2000] EUECJ C-480/98 (12 October 2000) URL: https://www.bailii.org/eu/cases/EUECJ/2000/C48098.html Cite as: [2000] EUECJ C-480/98, [2000] ECR I-8717 |
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JUDGMENT OF THE COURT (Sixth Chamber)
12 October 2000 (1)
(State aid - Aid granted to undertakings in the Magefesa group)
In Case C-480/98,
Kingdom of Spain, represented by R. Silva de Lapuerta, Abogado del Estado, acting as Agent, with an address for service in Luxembourg at the Spanish Embassy, 4-6 Boulevard Emmanuel Servais,
applicant,
v
Commission of the European Communities, represented by G. Rozet, Legal Adviser, and R. Vidal Puig, of its Legal Service, acting as Agents, with an address for service in Luxembourg at the Chambers of C. Gómez de la Cruz, also of its Legal Service, Wagner Centre, Kirchberg,
defendant,
APPLICATION for annulment of Commission Decision 1999/509/EC of 14 October 1998 concerning aid granted by Spain to companies in the Magefesa group and their successors (OJ 1999 L 198, p. 15),
THE COURT (Sixth Chamber),
composed of: C. Gulmann, President of the Chamber, V. Skouris and J.-P. Puissochet (Rapporteur), Judges,
Advocate General: J. Mischo,
Registrar: H.A. Rühl, Principal Administrator,
having regard to the Report for the Hearing,
after hearing oral argument from the parties at the hearing on 13 April 2000,
after hearing the Opinion of the Advocate General at the sitting on 8 June 2000,
gives the following
Background and facts
- loan guarantees amounting to ESP 1.580 thousand million;
- a loan of ESP 2.085 thousand million at other than market conditions;
- non-refundable subsidies amounting to ESP 1.095 thousand million;
- an interest subsidy estimated at ESP 9 million.
- by Indosa and Cunosa, until they were declared insolvent;
- by Migsa and Gursa, until they ceased to operate;
- by Indosa, after it was declared insolvent and until May 1997.
The submissions relied upon
The submission that Article 92(1) of the Treaty has been infringed
The submission that the principle of legal certainty has been infringed
The submission that the contested Decision does not state sufficient grounds
The submission that it was impossible to require the payment of interest
Costs
40. Under Article 69(2) of the Rules of Procedure, the unsuccessful party is to be ordered to pay the costs if they have been applied for in the successful party's pleadings. Since the Kingdom of Spain has failed in the majority of its submissions, it must be ordered to pay, in addition to its own costs, three quarters of the Commission's costs.
On those grounds,
THE COURT (Sixth Chamber)
hereby:
1. Declares that Commission Decision 1999/509/EC of 14 October 1998 concerning aid granted by Spain to companies in the Magefesa group and their successors is annulled in so far as it includes in the amount of aid to be recovered interest falling due after Indosa and Cunosa were declared insolvent on aid unlawfully received before that declaration;
2. Dismisses the remainder of the application;
3. Orders the Kingdom of Spain to pay, in addition to its own costs, three quarters of the costs of the Commission of the European Communities.
Gulmann SkourisPuissochet
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Delivered in open court in Luxembourg on 12 October 2000.
R. Grass C. Gulmann
Registrar President of the Sixth Chamber
1: Language of the case: Spanish.