Notice for the OJ
JUDGMENT OF THE COURT OF FIRST INSTANCE
30 April 2002
In Joined Cases T-195/01 and T-207/01: Government of Gibraltar v Commission of the European Communities(1) (State aid ( Tax legislation ( Existing aid or new aid ( Initiation of the formal investigation procedure provided for in Article 88(2) EC)
(Language of the case: English)
In Joined Cases T-195/01 and T-207/01, Government of Gibraltar, represented by A. Sutton and M. Llamas, Barristers, and W. Schuster, lawyer, with an address for service in Luxembourg, v Commission of the European Communities (Agent: V. Di Bucci and R. Lyal), supported by Kingdom of Spain (Agent: R. Silva de Lapuerta): Application for annulment of decisions SG(2001) D/289755 and SG(2001) D/289757 of the Commission of 11 July 2001 initiating the procedure provided for by Article 88(2) EC in respect of the Gibraltarian legislation on exempt companies and qualifying companies, the Court of First Instance (Second Chamber, Extended Composition), composed of: R.M. Moura Ramos, President, V. Tiili, J. Pirrung, P. Mengozzi and A.W.H. Meij, Judges; J. Plingers, Administrator, for the Registrar, has given a judgment on 30 April 2002, in which it:
1.In Case T-195/01:
(a)Annuls decision SG (2001) D/289755 of the Commission of 11 July 2001 initiating the procedure laid down in Article 88(2) EC in respect of the Gibraltar exempt companies legislation;
(b)Orders the Commission to pay the costs incurred by the Government of Gibraltar and to bear its own costs, with the exception of the costs of the interlocutory proceedings in Case T-195/01 R, which shall be paid in their entirety by the Government of Gibraltar;
(c)Orders the Kingdom of Spain to bear its own costs;
2.In Case T-207/01:
(a)Dismisses the application;
(b)Orders the Government of Gibraltar to pay the costs incurred by the Commission and to bear its own costs, including those incurred in the interlocutory proceedings in Case T-207/01 R;
(c)Orders the Kingdom of Spain to bear its own costs.
____________1 - OJ C 303 of 27.10.2001