Judgment of the Court of First Instance of 3 April 2003 In Joined Cases T-44/01, T-119/01 and T-126/01: Eduardo Vieira, SA and Others v Commission of the European Communities (Fisheries — Fisheries agreement with Argentina — Community financial aid — Reduction — Actions for annulment — Actions for damages)
Date: 2003-06-07
Institutions: Court of First Instance
Subjects: Argentina, European Commission, action for annulment (EU), fishing agreement, fishing industry, suspension of aid

C 135/26

EN

Official Journal of the European Union

7.6.2003

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 10 April 2003

in Case T-369/00, Département du Loiret v Commission
of the European Communities (1)

(Action for annulment — State aid — Regulation (EC)
No 659/1999 — Article 15 — Limitation period — Recovery
of aid — Act interrupting the limitation period)

(2003/C 135/39)

(Language of the case: French)

In Case T-369/00: Département du Loiret, represented by
A. Carnelutti, lawyer, supported by Scott SA, established in
Saint-Cloud (France), represented by Sir Jeremy Lever, QC,
G. Peretz, Barrister, and R. Griffith, Solicitor, with an address
for service in Luxembourg, against Commission of the Euro-
pean Communities (Agents: G. Rozet and J. Flett) — application
for annulment in part of Commission Decision 2002/14/EC
of 12 July 2000 on the state aid granted by France to Scott
Paper SA Kimberly-Clark (OJ L 12, p. 1), the Court of First
Instance (Fifth Chamber, Extended Composition), composed
of J.D. Cooke, President, and R. García-Valdecasas, P. Lindh,
N.J. Forwood and H. Legal, Judges; H. Jung, Principal Adminis-
trator, for the Registrar, gave a judgment on 10 April 2002, in
which it:

1. Dismisses the application for annulment of Article 2 of
Commission Decision 2002/14/EC of 12 July 2000 on the
state aid granted by France to Scott Paper SA Kimberly-Clark,
in so far as it is founded on infringement by the Commission of
Article 15 of Council Regulation (EC) No 659/1999 of
22 March 1999 laying down detailed rules for the application
of Article [88] of the EC Treaty;

2. Orders the remainder of the proceedings to continue;

3.

Reserves the costs.

( 1) OJ C 61 of 24.2.01.

of 3 April 2003

In Joined Cases T-44/01, T-119/01 and T-126/01: Eduardo
Vieira, SA and Others v Commission of the European
Communities (1)

(Fisheries — Fisheries agreement with Argentina — Com-
munity financial aid — Reduction — Actions for annulment
— Actions for damages)

(2003/C 135/40)

(Language of the case: Spanish)

In Joined Cases T-44/01, T-119/01 and T-126/01, Eduardo
Vieira, SA, established in Vigo-Pontevedra (Spain), represented
by J.-R. García-Gallardo Gil-Fournier and D. Domínguez Pérez,
lawyers, applicant in Cases T-44/01 and T-126/01, Vieira
Argentina, SA, established in Buenos Aires (Argentina), rep-
resented by J.-R. García-Gallardo Gil-Fournier and D. Domíng-
uez Pérez,
laywers, applicant in Case T-44/01, Pescanova,
SA, established in Chapela (Spain), represented by A. Creus
Carreras, B. Uriarte Valiente and S. Rodríguez Artacho, lawyers,
applicant in Case T-119/01, v Commission of the European
Communities (Agents: S. Pardo Quintillán and J. Guerra
Fernández): Application, in Case T-44/01, for compensation
under Article 235 EC and the second paragraph of Article 288
EC for damage arising from the suspension of payment of the
balance of the financial aid granted to project ARG/ESP/SM/
26-94 for the creation of a joint enterprise within the
framework of the Agreement between the Community and the
Argentinian Republic on relations in the sea fisheries sector; in
Case T-119/01, for annulment of the Commission decision of
19 March 2001 reducing the aid granted to project ARG/ESP/
SM/17-94 for the purpose of creating a joint enterprise within
the framework of the Agreement between the Community and
the Argentinian Republic on relations in the sea fisheries
sector; and, in Case T-126/01, for annulment of the Com-
mission decision of 19 March 2001 reducing the aid granted
to project ARG/ESP/SM/26-94 for the purpose of creating a
joint enterprise within the framework of
the Agreement
between the Community and the Argentinian Republic on
relations in the sea fisheries sector, the Court of First Instance
(Third Chamber), composed of: K. Lenaerts, President, J. Azizi
and M. Jaeger, Judges; J. Palacio González, Principal Adminis-
trator, for the Registrar, has given a judgment on 3 April 2003,
in which it:

1. Declares that Cases T-44/01, T-119/01 and T-126/01 are

joined for the purposes of the judgment;

2. Dismisses the applications;

3. Orders the applicants to pay the costs.

(1) OJ C 134 of 5.5.2001 and C 245 of 1.9.2001.