Judgment of the Court (Sixth Chamber) of 11 September 2003.
Kingdom of Belgium v Commission of the European Communities.
C-197/99 P • 61999CJ0197 • ECLI:EU:C:2003:444
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«(Appeal – ECSC Treaty – State aid – Fifth Steel Aid Code – Commission Decision 97/271/ECSC prohibiting certain financial assistance to a steel undertaking – Article 33 of the ECSC Treaty – Infringement)»
1.. Acts of the institutions – Statement of reasons – Obligation – Scope – ECSC Decision (Art. 15 CS)
2.. Procedure – Grounds of judgments – Scope
3.. ECSC – Steel aid – Commission Decision – Legality to be assessed in the light of the information available when the decision was adopted – Member State granting the aid and the recipient thereof to be diligent as regards the communication of all relevant information (General Decision No 3855/91, Art. 6(4))
4.. Appeal – Grounds – Review by the Court of the appraisal of the evidence – Not possible except where the sense has been distorted
JUDGMENT OF THE COURT (Sixth Chamber) 11 September 2003 (1)
((Appeal – ECSC Treaty – State aid – Fifth Steel Aid Code – Commission Decision 97/271/ECSC prohibiting certain financial assistance to a steel undertaking – Article 33 of the ECSC Treaty – Infringement))
In Case C-197/99 P,
appellant, supported by
intervener in the appeal,
APPEAL against the judgment of the Court of First Instance of the European Communities (Fourth Chamber, Extended Composition) of 25 March 1999 in Case T-37/97
the other parties to the proceedings being:
interveners at first instance,
THE COURT (Sixth Chamber),,
composed of: J.-P. Puissochet, President of the Chamber, C. Gulmann, F. Macken (Rapporteur), N. Colneric and J.N. Cunha Rodrigues, Judges,
Advocate General: P. Léger,
having regard to the report of the Judge-Rapporteur,
after hearing the Opinion of the Advocate General at the sitting on 6 December 2001,
gives the following
The ECSC Treaty
....
constitute State aid within the meaning of Article 1(2) of Decision No 3855/91/ECSC.
Forms of order sought
Pleas of the appeal
First plea, concerning the guarantees attaching to the SNCI and Belfin loans, alleging infringement of the obligation to state reasons
Arguments of the parties
Findings of the Court
Proceedings before the Court of First Instance
Arguments of the parties
Findings of the Court
The second plea, concerning the guarantees for the SNCI and Belfin loans, also alleging infringement of the obligation to state reasons
Arguments of the parties
Findings of the Court
Proceedings before the Court of First Instance
Third and fourth pleas, relating to guarantees for the SNCI loans, alleging infringement of the principle of legal certainty and of the obligation to state reasons
Arguments of the parties
Findings of the Court
Fifth, sixth and seventh pleas, relating to the guarantees for the Belfin loans, alleging distortion of the clear sense of the evidence presented to the Court of First Instance, failure to state reasons as regards the existence of a guarantee fund and error in law
Arguments of the parties
Findings of the Court
Proceedings before the Court of First Instance
On those grounds,
THE COURT (Sixth Chamber),
hereby:
Puissochet
Gulmann
Macken
Colneric
Cunha Rodrigues
Delivered in open court in Luxembourg on 11 September 2003.
R. Grass
J.-P. Puissochet
Registrar
President of the Sixth Chamber
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