Judgment of the Court of First Instance of 13 March 2003 in Case T-125/01: José Martí Peix, SA v Commission of the European Communities (Fisheries — Community financial aid — Reduction of aid — Limitation — Reasonable period — Principle of proportionality)
Date: 2003-06-21
Institutions: Court of First Instance
Subjects: EU aid, European Commission, action for annulment (EU), economic concentration, fishing industry, fraud against the EU

C 146/38

EN

Official Journal of the European Union

21.6.2003

COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

2. Dismisses the remainder of the application.

of 13 March 2003

3.

Each of the parties shall bear its own costs.

in Case T-340/00: Comunità Montana della Valnerina v
Commission of the European Communities (1)

(1) OJ C 4 of 6.1.2001.

(EAGGF — Withdrawal of financial assistance — Article 24
of Regulation (EEC) No 4253/88 — Principles of pro-
portionality and legal certainty — Statement of reasons —
Right to be heard)

(2003/C 146/68)

(Language of the case: Italian)

In Case T-340/00: Comunità Montana della Valnerina, rep-
resented by E. Cappelli and P. De Caterini, lawyers, with an
address for service in Luxembourg, supported by Italian
Republic (Agents: U. Leanza and G. Aiello), against Com-
mission of the European Communities (Agents: C. Cattabriga
and M. Moretto) — application for the annulment of Com-
mission Decision C(2000) 2388 of 14 August 2000 with-
drawing the financial assistance granted to the Comunità
Montana della Valnerina by Commission Decision C(93) 3182
of 10 November 1993 concerning grant of a contribution
from the EAGGF, Guidance Section, pursuant to Council
Regulation (EEC) No 4256/88 of 19 December 1988 laying
down provisions for implementing Regulation (EEC) No 2052/
88 as regards the EAGGF, Guidance Section (OJ 1988 L 374,
p. 25), in connection with Project No 93.IT.06.016 entitled
‘Pilot demonstration project for forestry, agricultural and food
programmes in marginal hill areas (France, Italy)’ — the Court
of First Instance (Third Chamber), composed of K. Lenaerts,
President, J. Azizi and M. Jaeger, Judges; J. Palacio González,
Principal Administrator, for the Registrar, has given a judgment
on 13 March 2003, in which it:

1. Annuls Commission Decision C(2000) 2388 of 14 August
2000 withdrawing the financial assistance of the European
Agricultural Guidance and Guarantee Fund granted to the
Comunità Montana della Valnerina by Commission Decision
C(93) 3182 of 10 November 1993 concerning grant of a
contribution from the EAGGF, Guidance Section, pursuant to
Council Regulation (EEC) No 4256/88 of 19 December 1988
laying down provisions for implementing Regulation (EEC)
No 2052/88 as regards the EAGGF, Guidance Section (OJ
1988 L 374,
in connection with Project
No 93.IT.06.016 entitled ‘Pilot demonstration project for
forestry, agriculture and food production in marginal hill areas
(France, Italy)’, in so far as the Commission did not limit its
the contribution to the sums
demand for
corresponding to the part of the project which, under the award
decision, were to be carried out by the applicant itself.

repayment of

p. 25),

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 13 March 2003

in Case T-125/01: José Martí Peix, SA v Commission of
the European Communities (1)

(Fisheries — Community financial aid — Reduction of
aid — Limitation — Reasonable period — Principle of
proportionality)

(2003/C 146/69)

(Language of the case: Spanish)

In Case T-125/01: José Martí Peix, SA, established in Huelva
(Spain), represented by J.-R. García-Gallardo Gil-Fournier and
lawyers, against Commission of the
D. Domínguez Pérez,
European Communities (Agents:
initially L. Visaggio and
J. Guerra Fernández, and subsequently S. Pardo Quintillán and
J. Guerra Fernández) — application for annulment of the
Commission decision of 19 March 2001 reducing the aid
granted to José Martí Peix SA by Commission Decision
C(91) 2874 final/11 of 16 December 1991, as amended by
Commission Decision C(93) 1131 final/4 of 12 May 1993, for
a project to create a joint enterprise in the fisheries sector —
the Court of First Instance (Third Chamber), composed of
K. Lenaerts, President, and J. Azizi and M. Jaeger, Judges;
B. Pastor, Deputy Registrar, has given a judgment on 13 March
2003, in which it:

1. Dismisses the application;

2. Orders the applicant to pay the costs.

(1) OJ C 245 of 1.9.2001.