Case T-82/01: Action brought on 5 April 2001 by VOF Josanne and Others against the Commission of the European Communities
Date: 2001-06-30
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), carriage of goods, dredging, inland waterway fleet, transport regulations

C 186/12

EN

Official Journal of the European Communities

30.6.2001

Action brought on 5 April 2001 by VOF Josanne and
Others against the Commission of the European Com-
munities

(Case T-82/01)

(2001/C 186/18)

(Language of the case: Dutch)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 5 April 2001 by VOF Josanne,
established in Papendrecht, P. van Wijnen and A.J. van Wijnen,
both resident
in
Meerkerk, all represented by J. van Dam, of the Rotterdam Bar.

in Papendrecht, and A. Veen, resident

The applicants claim that the Court should:

(1) Annul Commission Decision SG (2001) D/286100 of
9 February 2001 not to grant the applicants the requested
exemption from the old-for-new obligations set out in
Article 4(1) of Council Regulation (EC) No 718/1999 of
29 March 1999 on a Community-fleet capacity policy to
promote inland waterway transport, and rule that the
requested exemption ought to be granted in respect of
the hopper and suction dredger Josanne;

(2) Order the defendant to pay the costs.

In regard to dredging equipment, the applicants submit that in
the activities in question involve removal of the
general
is in general an activity
dredged material. Such removal
inherent in that of dredging equipment such as hopper and
suction dredgers. This, however, does not constitute a carriage
of goods within the meaning of Article 1 of the regulation.

Should it none the less be held that the transport inherent in
the operation of dredging equipment does constitute a carriage
of goods within the meaning of Article 1 of the regulation, the
question arises as to whether the Josanne, as a specialised vessel
under Article 4(6) of the regulation, is eligible for exemption
from the scope of Article 4(1) thereof. The applicants take the
view that the conditions laid down by Article 4(6) of the
regulation have been satisfied and that the vessel does not
contribute to an increase in fleet capacity and does not
adversely affect the objectives of the Community rules. The
Commission, they submit, errs in its view that the Josanne fails
to satisfy those criteria on the ground that the vessel can
transport a variety of types of goods, and that bringing that
into service would consequently contribute to an
vessel
increase in fleet capacity. The Josanne is not suitable for the
carriage of any sort of goods other than dredged material.

The applicants offer to substantiate their views by all legal
means, in particular by way of witnesses and experts.

Pleas in law and main arguments

Action brought on 11 April 2001 by IAMA Consulting
S.r.l. against Commission of the European Communities

The applicants challenge Commission Decision SG (2001)
D/286100 of 9 February 2001, which is addressed to them.
That decision was issued in response to the request which VOF
Josanne submitted to the Commission on 27 June 2000 that
the hopper and suction dredger Josanne be exempted from
application of Article 4(1) of Council Regulation No 718/1999
of 29 March 1999. In the contested decision, the Commission
decided not to grant the requested exemption, a decision
which has a direct adverse effect on the applicants’ interests.

The Josanne was specially designed to perform dredging and
suction work and consequently intended for use in ‘wet
contracting’, that is to say, with regard to water- (public-works)
related activities. The Josanne was thus designed for only one
sort of material, namely ‘dredged material, dredged mud’.

According to the Commission, although the Josanne is indeed
an item of dredging equipment,
the exemption under
Article 2(2)(g) of Regulation No 718/1999 is not applicable
inasmuch as the vessel is also designed for the transport of
filling sand, filling earth, fouled earth and fouled dredged mud.

(Case T-85/01)

(2001/C 186/19)

(Language of the case: Italian)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 11 April 2001 by IAMA Consulting
S.r.l., represented by Vincenzo Salvatore, lawyer.

The applicant claims that the Court should:

— annul the contested provisions in so far as they are
unlawful, inasmuch as the expenses incurred by IAMA
Consulting S.r.l. in the periods 1 May 1996 to 31 October
1997 (Project REGIS 22337) and 1 November 1996 to
31 October 1997 (Project REFIAG 23200) are not
recognised as eligible, and make any other appropriate
order;