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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) [2002] EUECJ C-351/98 (26 September 2002) URL: https://www.bailii.org/eu/cases/EUECJ/2002/C35198.html Cite as: [2002] ECR I-8031, [2002] EUECJ C-351/98 |
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JUDGMENT OF THE COURT (Sixth Chamber)
26 September 2002 (1)
(State aid - Effect on competition and trade between Member States - De minimis rule - Sectoral guidelines and guidelines on aid for environmental protection - Horizontal aid with sectoral effects)
In Case C-351/98,
Kingdom of Spain, represented by R. Silva de Lapuerta, acting as Agent, with an address for service in Luxembourg,
applicant,
v
Commission of the European Communities, represented by J. Guerra Fernández and D. Triantafyllou, acting as Agents, with an address for service in Luxembourg,
defendant,
APPLICATION for partial annulment of Commission Decision 98/693/EC of 1 July 1998 concerning the Spanish Plan Renove Industrial system of aid for the purchase of commercial vehicles (August 1994 - December 1996) (OJ 1998 L 329, p. 23),
THE COURT (Sixth Chamber),
composed of: F. Macken, President of the Chamber, C. Gulmann, J.-P. Puissochet (Rapporteur), V. Skouris and J.N. Cunha Rodrigues, Judges,
Advocate General: S. Alber,
Registrar: L. Hewlett, Principal Administrator,
having regard to the Report for the Hearing,
after hearing oral argument from the parties at the hearing on 31 January 2002,
after hearing the Opinion of the Advocate General at the sitting on 7 May 2002,
gives the following
Factual background and the contested decision
Procedure and forms of order sought
- annul Articles 3 and 4 of the contested decision;
- order the Commission to pay the costs.
- dismiss the action as unfounded;
- order the Kingdom of Spain to pay the costs.
The application
Plea alleging infringement of Article 92(1) of the Treaty
Arguments of the parties
Findings of the Court
Plea alleging infringement of Article 92(3)(c) of the Treaty
Arguments of the parties
Findings of the Court
Costs
93. 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 applied for costs and the Commission has been unsuccessful, the latter must be ordered to pay the costs.
On those grounds,
THE COURT (Sixth Chamber)
hereby:
1. Annuls Articles 3 and 4 of Commission Decision 98/693/EC of 1 July 1998 concerning the Spanish Plan Renove Industrial system of aid for the purchase of commercial vehicles (August 1994 - December 1996);
2. Orders the Commission of the European Communities to pay the costs.
Macken
SkourisCunha Rodrigues
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Delivered in open court in Luxembourg on 26 September 2002.
R. Grass F. Macken
Registrar President of the Sixth Chamber
1: Language of the case: Spanish.