6.4.2002 EN C 84/61 Official Journal of the European Communities
In view of the inactivity of the Community institution, the It was stated in the application that the Community Ship-
owners should hold 60 % of the shares of the joint enterprise, applicant, by letter of 26 July 2001, received by the Com-
mission on 30 July 2001, more than 53 months after while the partner in the relevant third Country, Namibia,
should hold 40 % of the shares. After the withdrawal of the the complaint was lodged, called on the Commission, in
accordance with Article 232 of the EC Treaty, to adopt a project of the Spanish company E. Vieira S.A. and the
replacement of two of the four vessels involved with two other position on the complaint and initiate the procedure under
Article 88(2) of the EC Treaty. vessels, the applicant and the Namibian partner concluded an
agreement, according to which the applicant owned 28,51 %of the share capital, but only 13,68 % of the voting rights.The Commission replied, after the two-month time-limitFinally, with effect from 1 May 1995, the applicant transferredprescribed by Article 232, in a letter of 24 October 2001, inpart of its shareholding in the joint entreprise to the Namibianwhich it does not define its position, but merely states that itpartner under an agreement providing that the applicant’sis completing the internal preparatory work with regard to theshareholding was reduced to 1 % of the share capital.complaints.According to the contested Decision, the basis for providing
financial aid has ceased to exist because of this reduction to
1 % of the applicant’s shareholding in the joint undertaking,
which is not be considered sufficient for a joint enterprise, as
defined by Community Regulations.
Action brought on 17 December 2001 by Norway Sea-The contested Decision infringes Article 44(1) of the abovefoods Denmark A/S against the Commission of thementioned Council Regulation (EEC) No. 4028/86.European Communities
— The reduction of the applicant’s shareholding in the joint(Case T-319/01)enterprise to 1 % did not mean that a joint enterprise
within the meaning of the Regulation no longer existed.(2002/C 84/112)
— The applicant had a legitimate expectation that the(Language of the case: English)reduction of the Applicant’s shareholding in the joint
enterprise to 1 % would not result in any demand for
repayment of aid from the Commission.
An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
(1) OJ L 380 of 31.12.1990, p. 1. European Communities on 17 December 2001 by Norway
Seafoods Denmark A/S, represented by Mr Jacob Ørndrup ofGorrissen Federspiel Kierkegaard, Copenhagen (Denmark).
The applicant claims that the Court should:
— annul Commission Decision K(2001)3079 of 16 October
2001
Action brought on 19 December 2001 by Mercedes — order the Commission to pay the costs.
Alvarez Moreno against Commission of the European
Communities
Pleas in law and main arguments
(Case T-323/01)
The present application has been lodged against Commission
Decision K(2001)3079 of 16 October 2001, regarding the(2002/C 84/113)reduction and repayment of financial aid to Foodmark A/S
under Commission Decision K(93)1823 of 5 July 1993, asamended by Decision K(94)119 of 27 January 1994, for (Language of the case: French)
Project SM/DNK/02/93, the object of which was an application
for financial aid pursuant to Council Regulation (EEC)No. 4028/88 of 18 December 1986, on Community measures
to improve and adapt structures in the fisheries and aquacul-
ture sector as amended by Council Regulation (EEC) An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the No. 3944/90 of 20 December 1990 (
1). The applicant’s name
at the time of this application was Foodmark A/S; this name European Communities on 19 December 2001 by Mercedes
Alvarez Moreno, residing in Berlin, represented by Georges was later changed to Foodmark Holding A/S and later still to
Norway Seafoods Denmark A/S. Vandersanden and Laura Levi, avocats.