Judgment — ECLI:EU:T:2003:49
Date: 2003-02-27
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Agriculture and Fisheries;Fisheries policy
Concepts: Common structural policy
Procedure: Action for damages - unfounded
Origin: Spain

Summary of the Judgment 
Fisheries — Common structural policy — Improvement and adaptation of structures — 
Community financial assistance — Procedure for suspending, reducing or discontinuing 
aid allocated to the joint enterprise fisheries projects — Referral to the Standing 
Committee for the Fishing Industry — Need for prior fulfilment by the Commission of 
its obligations to inform and consult under Article 7 of Regulation No 111 6/88 
(Council Regulation No 4028/86, Art. 44; Commission Regulation No 1116/88, Art. 7) 
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SUMMARY — CASE T-61/01 
In order to comply with Article 7 of 
Regulation No 1116/88 laying down 
detailed rules for the application of 
decisions granting aid for projects concern­
ing Community measures to improve and 
adapt structures in the fisheries and aqua-
culture sector and in structural works in 
coastal waters, the Commission must, 
before any referral to the Standing Com­
mittee for the Fishing Industry for its 
opinion on the measures proposed by the 
Commission for suspending, reducing or 
discontinuing aid allocated to the joint 
enterprise fisheries projects under 
Article 44 of Regulation No 4028/86 on 
Community measures to improve and 
adapt structures in the fisheries and aqua-
culture sector, fulfil the obligations laid 
down in Article 7 by informing the 
Member State on whose territory the pro­
ject was to be carried out, consulting the 
competent authority responsible for for­
warding supporting documents and asking 
the beneficiary to provide, through the 
authority or agency, an explanation for 
the failure to comply with the conditions 
laid down. 
(see paras 52-53) 
II - 328