Case T-319/01: Action brought on 17 December 2001 by Norway Seafoods Denmark A/S against the Commission of the European Communities
Date: 2001-12-17
Institutions: Court of First Instance
Subjects: EU aid, European Commission, action for annulment (EU), aid system, economic concentration, fishing industry, shareholding

6.4.2002

EN

Official Journal of the European Communities

C 84/61

In view of the inactivity of the Community institution, the
applicant, by letter of 26 July 2001, received by the Com-
mission on 30 July 2001, more than 53 months after
the complaint was lodged, called on the Commission,
in
accordance with Article 232 of the EC Treaty, to adopt a
position on the complaint and initiate the procedure under
Article 88(2) of the EC Treaty.

The Commission replied, after the two-month time-limit
prescribed by Article 232, in a letter of 24 October 2001, in
which it does not define its position, but merely states that it
is completing the internal preparatory work with regard to the
complaints.

It was stated in the application that the Community Ship-
owners should hold 60 % of the shares of the joint enterprise,
while the partner in the relevant third Country, Namibia,
should hold 40 % of the shares. After the withdrawal of the
project of
the Spanish company E. Vieira S.A. and the
replacement of two of the four vessels involved with two other
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.
Finally, with effect from 1 May 1995, the applicant transferred
part of its shareholding in the joint entreprise to the Namibian
partner under an agreement providing that the applicant’s
the share capital.
shareholding was reduced to 1 % of
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-
foods Denmark A/S against the Commission of the
European Communities

The contested Decision infringes Article 44(1) of the above
mentioned Council Regulation (EEC) No. 4028/86.

(Case T-319/01)

(2002/C 84/112)

(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 17 December 2001 by Norway
Seafoods Denmark A/S, represented by Mr Jacob Ørndrup of
Gorrissen Federspiel Kierkegaard, Copenhagen (Denmark).

The applicant claims that the Court should:

— annul Commission Decision K(2001)3079 of 16 October

2001

— order the Commission to pay the costs.

Pleas in law and main arguments

financial aid pursuant

The present application has been lodged against Commission
Decision K(2001)3079 of 16 October 2001, regarding the
reduction and repayment of financial aid to Foodmark A/S
under Commission Decision K(93)1823 of 5 July 1993, as
amended by Decision K(94)119 of 27 January 1994, for
Project SM/DNK/02/93, the object of which was an application
for
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)
No. 3944/90 of 20 December 1990 (1). The applicant’s name
at the time of this application was Foodmark A/S; this name
was later changed to Foodmark Holding A/S and later still to
Norway Seafoods Denmark A/S.

— The reduction of the applicant’s shareholding in the joint
enterprise to 1 % did not mean that a joint enterprise
within the meaning of the Regulation no longer existed.

— The applicant had a legitimate expectation that

the
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.

(1) OJ L 380 of 31.12.1990, p. 1.

Action brought on 19 December 2001 by Mercedes
Alvarez Moreno against Commission of the European
Communities

(Case T-323/01)

(2002/C 84/113)

(Language of the case: French)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 19 December 2001 by Mercedes
Alvarez Moreno, residing in Berlin, represented by Georges
Vandersanden and Laura Levi, avocats.