Rijn-Schelde-Verolme (RSV) Machinefabrieken en Scheepswerven NV v Commission of the European Communities.

• Jurisdiction: European Union
• Court: Court of Justice (European Union)
• Writing for the Court: Moitinho de Almeida
• ECLI: ECLI:EU:C:1987:502
• Docket Number: 223/85
• Date: 24 November 1987
• Procedure Type: Recours en annulation - fondé

Avis juridique important

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61985J0223

Judgment of the Court of 24 November 1987. - Rijn-Schelde-Verolme (RSV) Machinefabrieken en Scheepswerven NV v Commission of the European Communities. - State aid - Large shipbuilding and heavy offshore engineering sector. - Case 223/85.

European Court reports 1987 Page 04617

Summary
Parties
Grounds
Decision on costs
Operative part

Keywords

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AIDS GRANTED BY STATES - COMMISSION DECISION DECLARING AN AID INCOMPATIBLE WITH THE COMMON MARKET - DECISION GIVEN AFTER UNJUSTIFIABLE DELAY - BREACH VIS-A-VIS THE BENEFICIARIES OF THE AID OF THE PRINCIPLE OF LEGITIMATE EXPECTATION

( EEC TREATY, ART . 93 )

Summary

WHERE, IN THE CASE OF A STATE AID WHICH IS INTENDED TO MEET THE ADDITIONAL COSTS OF AN OPERATION PREVIOUSLY THE SUBJECT OF AN AUTHORIZED AID AND THE EXAMINATION OF WHICH DID NOT CALL FOR DEEP RESEARCH, THE COMMISSION DID NOT TAKE A DECISION DECLARING THE SAID AID TO BE INCOMPATIBLE WITH THE COMMON MARKET AND ORDERING ITS CANCELLATION UNTIL 26 MONTHS AFTER ITS NOTIFICATION, THAT DELAY IS ONE WHICH COULD ESTABLISH ON THE PART OF THE BENEFICIARY OF THE AID A LEGITIMATE EXPECTATION OF SUCH A NATURE AS TO PREVENT THE COMMISSION FROM ORDERING THE NATIONAL AUTHORITIES TO ORDER THE REFUND OF THE AID .

Parties

IN CASE 223/85

RIJN-SCHELDE-VEROLME ( RSV ) MACHINEFABRIEKEN EN SCHEEPSWERVEN NV, REPRESENTED BY T . R . OTTERVANGER, OF THE ROTTERDAM AND BRUSSELS BARS, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF G . HARLES, RUE PHILIPPE II,

APPLICANT,

V

COMMISSION OF THE EUROPEAN COMMUNITIES, REPRESENTED BY B . VAN DER ESCH AND F . GRONDMAN, MEMBERS OF ITS LEGAL DEPARTMENT, ACTING AS AGENTS, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF G . KREMLIS, ALSO A MEMBER OF ITS LEGAL DEPARTMENT, JEAN MONNET BUILDING, KIRCHBERG,

DEFENDANT,

APPLICATION FOR A DECLARATION THAT COMMISSION DECISION 85/351/EEC OF 19 DECEMBER 1984 ( OFFICIAL JOURNAL, L*188, 20 JULY 1985, P.*44 ) CONCERNING AID GRANTED BY THE NETHERLANDS GOVERNMENT TO AN ENGINEERING UNDERTAKING IS VOID,

THE COURT

COMPOSED OF : G . BOSCO, PRESIDENT OF CHAMBER, ACTING FOR THE PRESIDENT, J . C . MOITINHO DE ALMEIDA AND G . C . RODRIGUEZ IGLESIAS ( PRESIDENTS OF CHAMBERS ) T . KOOPMANS, U . EVERLING . R . JOLIET AND F . SCHOCKWEILER, JUDGES,

ADVOCATE GENERAL : SIR GORDON SLYNN

REGISTRAR : P . HEIM

HAVING REGARD TO THE REPORT FOR THE HEARING AND FURTHER TO THE HEARING ON 11 MARCH 1987,

AFTER HEARING THE OPINION OF THE ADVOCATE GENERAL DELIVERED AT THE SITTING ON 18 JUNE 1987,

GIVES THE FOLLOWING

JUDGMENT

Grounds

1 BY APPLICATION LODGED AT THE COURT REGISTRY ON 22 JULY 1985, RIJN-SCHELDE-VEROLME MACHINEFABRIEKEN EN SCHEEPSWERVEN NV ( HEREINAFTER REFERRED TO AS "RSV "), WHOSE REGISTERED OFFICE IS IN ROTTERDAM ( NETHERLANDS ), BROUGHT AN ACTION UNDER THE SECOND PARAGRAPH OF ARTICLE 173 OF THE EEC TREATY PRIMARILY FOR THE ANNULMENT OF COMMISSION DECISION 85/351/EEC OF 19 DECEMBER 1984 ( OFFICIAL JOURNAL 1985, L*188, P.*44 ) BY WHICH THE COMMISSION FOUND THAT AID IN THE SUM OF HFL*294*MILLION GRANTED TO THE APPLICANT IN 1982 BY THE NETHERLANDS GOVERNMENT WAS...