Case T-219/03: Action brought on 13 June 2003 by Mullglen Limited against the Commission of the European Communities
Date: 2003-10-04
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), carrying capacity, fishing vessel, maritime safety

C 239/10

EN

Official Journal of the European Union

4.10.2003

The applicant furthermore invokes a breach of the duty to
state reasons and a breach of the principle of equal treatment.
In this last respect, the applicant submits that a difference
appears to have been made between all applications for new
replacement vessels and two applications for new replacement
vessels for the ‘Angela’ and ‘Pembroke’.

( 1) 2003/245/EC: Commission Decision of 4 April 2003 on the
requests received by the Commission to increase MAGP IV
objectives to take into account improvements on safety, navi-
gation at sea, hygiene, product quality and working conditions
for vessels of more than 12 m in length overall (notified under
document number C(2003) 1113) (OJ L 90, p. 48).

( 2) 97/413/EC: Council Decision of 26 June 1997 concerning the
objectives and detailed rules for restructuring the Community
fisheries sector for the period from 1 January 1997 to 31 Decem-
ber 2001 with a view to achieving a balance on a sustainable
basis between resources and their exploitation (OJ L 175, p. 27).

Action brought on 13 June 2003 by Mullglen Limited
against the Commission of the European Communities

(Case T-219/03)

(2003/C 239/14)

(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 13 June 2003 by Mullglen Limited,
Killybegs, (Ireland), represented by P. Gallagher and A. Collins,
Barristers, and D. Barry, Solicitor.

The applicant claims that the Court should:

— annul the decision contained in Article 2 of Commission
Decision of 4 April 2003 on the requests received by the
Commission to increase in MAGP IV objectives to take
into account improvements on safety, navigation at sea,
hygiene, product quality and working conditions for
vessels of more than 12 m in length overall notified
under document number C(2003) 1113 to reject a safety
capacity application for a proposed new vessel to replace
the MFV Pacelli.

— order the Commission to pay the costs of these proceed-

ings.

Pleas in law and main arguments

The applicant invokes the same pleas in law as in Case T-218/
03 (1).

(1) See p. 9 of this Official Journal.

Action brought on 13 June 2003 by Cavankee Fishing
Company Limited against the Commission of the Euro-
pean Communities

(Case T-220/03)

(2003/C 239/15)

(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 13 June 2003 by Cavankee Fishing
Company Limited, Greencastle, (Ireland), represented by P. Gal-
lagher and A. Collins, Barristers, and D. Barry, Solicitor.

The applicant claims that the Court should:

— annul the decision contained in Article 2 of Commission
Decision of 4 April 2003 on the requests received by the
Commission to increase in MAGP IV objectives to take
into account improvements on safety, navigation at sea,
hygiene, product quality and working conditions for
vessels of more than 12 m in length overall notified
under document number C(2003) 1113 to reject a safety
capacity application to lengthen the MFV Fr McGee and
for a proposed new vessel to replace the MFV Fr McGee;

— order the Commission to pay the costs of these proceed-

ings.

Pleas in law and main arguments

The applicant invokes the same pleas in law as in Case T-218/
03 (1).

(1) See p. 9 of this Official Journal.