Case T-44/01: Action brought on 26 February 2001 by Eduardo Vieira y Vieira Argentina, S.A. against Commission of the European Communities
Date: 2001-05-05
Institutions: Court of First Instance
Subjects: EU aid, European Commission, appeal to the Court (EU), damages, fishing vessel, infringement of EU law

C 134/26

EN

Official Journal of the European Communities

5.5.2001

Action brought on 26 February 2001 by Eduardo Vieira y
Vieira Argentina, S.A. against Commission of the Euro-
pean Communities

(Case T-44/01)

(2001/C 134/56)

(Language of the case: Spanish)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 26 February 2001 by Eduardo
Vieira y Vieira Argentina, S.A., whose registered office is in
Pontevedra (Spain), represented by Ramo´ n Garcı´a-Gallardo
and Mª Dolores Domı´nguez Pérez.

The applicants claim that the Court should:

— order the Commission to compensate the applicants for
the damage caused to them by delayed payment of part
of the aid;

— order the Commission to pay the costs.

Pleas in law and main arguments

The present action was brought by two undertakings owners
in the context of the Fishing
of fishing vessels to which,
Agreement between the Community and the Argentine Repub-
lic, the Community granted in 1995 a subsidy for the export
to Argentina of a vessel
flying a Community flag to a
joint Community-Argentinian company. In this regard the
applicants claim that, more than 5 years after the joint
company was set up, the defendant institution not only has
not paid the remaining balance of the assistance, amounting
to EUR 432 846,28, it even seeks to recover the part of the
amount paid by the beneficiaries.

The purpose of the present application is precisely to seek
from the Commission compensation for the damage caused to
the applicants by delaying payment of the outstanding balance
of the assistance. Furthermore, the Commission never deemed
it necessary to suspend the assistance, so that it has never
notified beneficiaries formally that the assistance had been
suspended. The defendant has in fact initiated a proceeding
seeking to reduce the amount, the outcome being suspension
of payment of the balance of the assistance.

In support of its claims, the applicants claim:

— Erroneous legal basis,

inasmuch as the Commission
claims that the legal basis for initiating a proceeding
for reduction is Regulation Council Regulation (EEC)
No 4253/88 of 19 December 1988, laying down pro-
visions for implementing Regulation (EEC) No 2052/88
as regards coordination of the activities of the different
Structural Funds between themselves and with the oper-
ations of the European Investment Bank and the other
existing financial instruments. (1). On the contrary, the
applicants consider that that legal basis is not applicable
to joint companies set up under the EC/Argentina Agree-
ment. That error with respect to the legal basis also affects
the quantum by which the assistance may be reduced.

— Complete disregard by the Commission for the legal
scheme applicable to joint fishing companies which it
proposed itself pursuant to the Fishing Agreement with
Argentina, so far as concerns both the erroneous appli-
cation of the general proceeding and the absence of a
decision suspending the financial assistance.

— Breach by the defendant of the duties of care and good
administration, as well as its obligation to act within a
reasonable time.

— Breach of

the rights of

the defence of one of

the
applicants, inasmuch as Vieira Argentina SA was never
notified by the Commission of its intention to reduce the
assistance, much less to suspend it for the duration of the
proceedings.

(1) OJ 1988 L 374, p. 1.

Action brought on 27 February 2001 by Sanders and
Others against the Commission of the European Com-
munities

(Case T-45/01)

(2001/C 134/57)

(Language of the case: English)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 27 February 2001 by Sanders and
Others, represented by Ian Hutton, of Monckton Chambers,
London (U.K.).