Case T-126/01: Action brought on 8 June 2001 by Eduardo Vieira SA against Commission of the European Communities
Date: 2001-09-01
Institutions: Court of First Instance
Subjects: Argentina, EU aid, European Commission, action for annulment (EU), bilateral agreement, fishing industry

C 245/22

EN

Official Journal of the European Communities

1.9.2001

Action brought on 8 June 2001 by Eduardo Vieira SA
against Commission of the European Communities

(Case T-126/01)

(2001/C 245/36)

(Language of the case: Spanish)

The EC/Argentina Agreement contains no provision
governing suspension, withdrawal or reduction of Com-
munity assistance granted with a view to the setting up
of a joint company, nor does it contain any reference to
general legislation in that regard. In view of such a legal
lacuna, the Commission has deliberately failed to take
into account that what is involved is a particular legal
framework, namely an international agreement (lex speci-
alis), and has applied general legislation instead, which
governs exclusively Community situations in the context
of structural funds. The applicant claims that the Com-
mission ought to have based itself on general legislation
while taking account of the special nature of international
agreements and, in particular, of the role of the joint
committee and of the Argentinian authorities.

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 8 June 2001 by Eduardo Vieira,
whose registered office is at Vigo (Spain), represented by
Ramo´ n Garcia-Gallardo and Mª Dolores Domı´nguez Pérez.

— Secondly, and in the alternative, the irregularity alleged
by the Commission in order to justify its decision to
reduce the assistance does not in fact exist.

The applicant claims that the Court should:

— find the present application admissible;

— join the present action to Case T-44/01,

— annul Commission Decision C(2001) 680 final of
19 March 2001 reducing the assistance granted to
‘Sociedad Ano´ nima Eduardo Vieira’ by Commission
Decision C(95)1910 of 25 July 1995, amended by
Decision C(96) 584 final/2 of 4 march 1996, for a project
relating to the setting-up of joint companies in the fishing
sector (ARG/ESP/SM/26-94);

— order the Commission to pay the costs.

Pleas in law and main arguments

The Commission bases its decision to reduce the Community
financial assistance (1) on the fact that the Argentinian joint
undertaking which owned the vessel decided that the vessel
should fish in international waters, outside Argentinian waters,
a decision for which no reasons were given and which,
moreover, was never approved by the Commission.

The applicant claims that the contested decision is null and
void on the following grounds:

— First, the legal basis used by the Commission in order to
determine the applicable procedure in order to reduce the
contribution and calculate its amount is erroneous.

In the applicant’s view, the Commission has misassessed
the facts and incorrectly interpreted the EC/Argentina
Agreement in so far as, first, the decision taken by the
undertaking which owns the vessel, joint company Vieira
Argentina SA, to abandon the Argentinian fishing banks
was justified, since it was taken, in view of the poor state
of stocks of Patagonian toothfish and the measures
adopted by the Argentinian authorities, as the only option
if the viability of the company was to be maintained and
the exported vessel to continue to operate; moreover, the
decision was taken with the express authorisation of the
Argentinian authorities.

The applicant further states that the contested decision is
inconsistent, since it reduces the assistance granted to the
Community shipbuilder, but is silent with regard to the
financial contribution granted to the joint company
(Vieira Argentina SA), which owns and operates the
vessel. The Commission thus disregards, once again, the
fact that it is a one-off grant of assistance made up of two
indissociable parts.

(1) Assistance granted by the Commission in 1995, in the context of
Council Regulation (EEC) No 3447/93 of 28 September 1993 on
the conclusion of the Agreement between the European Economic
Community and the Argentine Republic on relations in the sea
fisheries sector (OJ 1993 L 318, p. 1).