T-210/02
- Súd
- Všeobecný súd Európskej únie
- IČS
- 62002TN0210
- Zdroj
- eur-lex.europa.eu ↗
14.9.2002 EN Official Journal of the European Communities C 219/23
Action brought on 12 July 2002 by the British Aggregates certain sectors are not taxed in order to protect their competi- Association Co Limited against the Commission of the tiveness. Therefore, the Levy must be considered to be State European Communities Aid.
(Case T-210/02) Furthermore, the applicant submits that the Commission failed to state reasons in the contested Decision, as required by (2002/C 219/54) Article 253 EC Treaty. According to the applicant, the Commission also violated its obligation to initiate a formal investigation procedure, where the preliminary investigation (Language of the case: English) was carried out in insufficient depth to resolve the serious difficulties regarding the compatibility of the measure with the State Aid provisions. The applicant also submits that the Commission violated its procedural obligations in the prelimi- nary investigation. In this respect, the applicant claims that An action against the Commission of the European Communi- the Commission did not conduct a diligent and impartial ties was brought before the Court of First Instance of the examination of the applicant’s complaint and did not provide European Communities on 12 July 2002 by the British the applicant with an adequate explanation for rejecting its Aggregates Association Co Limited, represented by Craig arguments. Pouncey and Lode Van Den Hende of Herbert Smith, Brussels (Belgium).
The applicant claims that the Court should:
— annul Commission Decision C(2002) 1478fin of 24 April 2002 ‘State Aid N 863/01- United Kingdom/Aggregates Levy’ save as regards the exemption for Northern Ireland; Action brought on 15 July 2002 by Tideland Signal Limited against the Commission of the European Com- — order the Commission to pay the applicant’s costs in the munities present proceedings.
(Case T-211/02)
Pleas in law and main arguments (2002/C 219/55)
The applicant is an association representing smaller and (Language of the case: English) independent quarrying companies in the United Kingdom. The competitive position of its members is affected by the Aggregates Levy, an environmental tax raised by the United Kingdom on certain aggregates. The objective of the Levy is to reflect the environmental impacts of aggregate quarrying more fully in the price of aggregates. These environmental costs An action against the Commission of the European Communi- include noise, dust, damage to biodiversity and visual amenity. ties was brought before the Court of First Instance of the A further objective of the Levy is the encouragement of the European Communities on 15 July 2002 by Tideland Signal use of recycled or alternative material. Limited, represented by Christopher Thomas and Ciara Kenne- dy of Lovells, Brussels (Belgium).
In the contested Decision, the Commission declared the Levy to be compatible with the Common Market. The applicant claims that the Court should:
— annul the Commission Decision of 17 June 2002 rejecting According to the applicant, the Commission made a manifest the tender submitted by Tideland Signal Limited in error of assessment in deciding that the distinction made tender procedure EUROPEAID/112336/C/S/WW-TACIS- between taxable and non-taxable situations is justified by the (RE-TENDER); logic and nature of the tax system. The applicant claims, however, that the objectives of the Levy cannot explain the different treatment of similar situations. The applicant also — order the Commission to pay the costs incurred by the stated that the United Kingdom authorities admitted that applicant.