Case T-209/04: Action brought on 10 June 2004 by the Kingdom of Spain against the Commission of the European Communities
Date: 2004-08-07
Institutions: Court of First Instance
Subjects: European Commission, Spain, State aid, action for failure to act, derogation from EU law, fishing industry, incorporation, mixed-ownership company, structural policy

C 201/24

EN

Official Journal of the European Union

7.8.2004

Action brought on 10 June 2004 by the Kingdom of Spain
against the Commission of the European Communities

allowed them by national
should reach a decision.

legislation and within which they

(Case T-209/04)

(2004/C 201/47)

(Language of the case: Spanish)

(1) Council Regulation (EC) No 2369/2002 of 20 December 2002
amending Regulation (EC) No 2792/1999 laying down the detailed
rules and arrangements regarding Community structural assistance
in the fisheries sector (OJ L 358 of 31.12.2002, p. 49).

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 10 June 2004 by the Kingdom of
Spain, represented by N. Díaz Abad, Abogado del Estado, with
an address for service in Luxembourg.

The applicant claims that the Court should:

— declare that, by failing to take a decision within a reason-
able time on the authorisations applied for by the Spanish
authorities, the Commission has failed to fulfil its obliga-
tions under Article 7(3) of Regulation No 2792/99, as
amended by Regulation No 2369/02, and is thereby liable
for failure to act; and

— order the Commission to pay the costs.

Pleas in law and main arguments:

The Spanish authorities applied to the Commission for a series
of exemptions in order to be in a position to grant the aid for
the constitution of joint enterprises provided for in Council
Regulation (EC) No 2792/99 laying down the detailed rules and
arrangements regarding Community structural assistance in the
fisheries sector, as amended by Council Regulation (EC) No
2369/02 of 20 December 2002 (1). Where the vessel is trans-
ferred to a third country with which there is no fisheries agree-
ment with the European Community, it is necessary for the
Commission to grant the appropriate derogation (Article 7(3)
of Regulation No 2792/99, as amended by Regulation No
2369/02). The aid may only be granted by the national authori-
ties until 31 December 2004.

A formal request was made to the Commission on 16 February
2004 asking it to take a decision on the pending applications
and, since no decision has been taken on any of them, the
Kingdom of Spain has decided to bring an action against the
Commission, having regard also to the fact that the Spanish
authorities, which are waiting for the Commission's decision on
the derogations applied for, have already exceeded the periods

Action brought on 1 June 2004 by Andreas Mausolf
against Europol

(Case T-210/04)

(2004/C 201/48)

(Language of the case: Dutch)

An action against Europol was brought before the Court of
First Instance of the European Communities on 1 June 2004 by
Andreas Mausolf, represented by M.F. Baltussen and P. de
Casparis.

The applicant claims that the Court should:

— annul the rejection by Europol of 1 March 2004 of the
applicant's complaint against
the decision of 2 January
2003 and, at the same time, annul the contested decision of
2 January 2003;

— order Europol to grant the applicant another additional

salary increment with effect from 1 July 2002;

— order Europol to pay that increment to the applicant within
48 hours of delivery of the judgment to be given in this
case, together with the interest due thereon at the statutory
rate prescribed by Netherlands law;

— order Europol

to reimburse the applicant

for the costs

incurred by him in these proceedings.

Pleas in law and main arguments:

In support of his application, the applicant alleges infringement
of Article 29 of the Europol Staff Regulations, submits that
Europol exceeded the limits of its discretion and alleges infrin-
gement of the principle of the protection of legitimate expecta-
tions.