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 // 05/08/2003 // 2 min read
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«(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)»

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))

applicant in Case T-116/01 and intervener in Case T-118/01 in support of the Diputación Foral de Vizcaya,

applicant in Case T-118/01 and intervener in Case T-116/01 in support of P&O European Ferries (Vizcaya) SA,

v

defendant,

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),

Vesterdorf

Lenaerts

Azizi

Jaeger

Legal

H. Jung

B. Vesterdorf

Registrar

President