CELEX: C1999/020/57
Language: en
Date: 1999-01-23 00:00:00
Title: Action brought on 25 November 1998 by Compañía Internacional de Pesca y Derivados, S.A. (INPESCA) against Commission of the European Communities (Case T-186/98)

C 20/32             EN                 Official Journal of the European Communities                                   23.1.1999
Action brought on 25 November 1998 by CompanÄía                   The applicant considers it proved that those budgetary
Internacional de Pesca y Derivados, S.A. (INPESCA)                headings were left largely unused as a result of repayments
    against Commission of the European Communities                and reductions or a shortage of applications and in
                                                                  addition that, because of the cancellation and repayment
                      (Case T-186/98)
                                                                  of considerable amounts of aid improperly granted for the
                       (1999/C 20/57)                             construction or modernisation of fishing vessels, sufficient
                                                                  credit remains available to cover the project at issue in
                                                                  these proceedings.
              (Language of the case: Spanish)
                                                                  Nor, in the applicant's view, is it permissible for the
An action against the Commission of the European                  contested decision to refer to Article 37 of Regulation
Communities was brought before the Court of First                 (EEC) No 4028/86 (1), which appears to limit the
Instance on 25 November 1998 by CompanÄía                         reconsideration of projects that have not been financed for
International de Pesca y Derivados, S.A. (INPESCA),               lack of financial resources. In its view, the Commission
whose registered office is in Bermeo (Spain), represented         itself, in Article 6(2) of its Proposal for a Council
by María Iciar Angulo Fuertes and BegonÄa Angulo                  Regulation (EC) on structural measures in the fisheries
Fuertes, of the Bizkaia Bar, with an address for service in       sector (2), stated that sums committed as assistance for
Luxembourg at the Chambers of Ernest Arendt, 8-10 Rue             projects by the Commission between 1 January 1989 and
Mathias Hardt.                                                    31 December 1993 for which no final application for
                                                                  payment had been submitted would be released by the
                                                                  Commission on its own initiative, without prejudice to
                                                                  projects which had been suspended on legal grounds: this
The applicant claims that the Court of First Instance
                                                                  means that projects which are the subject of an
should:
                                                                  application for judicial review, as in this case, must be
                                                                  taken into consideration. Also, the Court of Auditors of
                                                                  the European Communities, in its Annual Report for
Ð Annul contested decision;                                       1990, found that applications for financial aid of the kind
                                                                  provided for in Regulation (EEC) No 4028/86 were
                                                                  considered over a period of more than two financial years.
Ð Hold, in accordance with the second paragraph of
    Article 176 of the EC Treaty, in conjunction with
    Article 178 and the second paragraph of Article 215           The applicant concludes by alleging that the contested
    thereof, that CompanÄía Internacional de Pesca y              decision involves a misuse of powers and breach of the
    Derivados, S.A. (INPESCA) is entitled to receive, as          principle of non-discrimination.
    compensation for the damage caused to it by the issue
    of the contested decision, the sum of ESP 216 886 200,
    together with default interest in respect of the              (1) Council Regulation (EEC) No 4028/86 of 18 December 1986
                                                                      on Community measures to improve and adapt structures in
    withholding of such Community financial aid, from
                                                                      the fisheries and aquaculture sector (OJ L 376, 31.12.1986,
    12 March 1992 until the date on which it is received,             p. 7).
    in accordance with the legal principles common to the         (2) OJ C 176, 9.6.1998, p. 44.
    Member States;
Ð Order the Commission to pay the costs.
Pleas in law and main arguments adduced in support:               Action brought on 25 November 1998 by Pascual Juan
                                                                  Cubero Vermurie against the Commission of the European
                                                                                            Communities
In this action the applicant, whose objects include the
                                                                                          (Case T-187/98)
building, purchase, management, chartering, repair and
operation of ships, seeks annulment of the Commission's                                    (1999/C 20/58)
decision of 16 September 1998 refusing to grant the
Community financial aid applied for in relation to the
building of a vessel for the catching and freezing of tuna                         (Language of the case: French)
(No ES/0002/90 and ES/0224/91).
                                                                  An action against the Commission of the European
By decisions of 18 December 1990 and 8 November 1991              Communities was brought before the Court of First
the Commission declared that, despite meeting all the             Instance of the European Communities on 25 November
requirements laid down for the grant of aid at issue, the         1998 by Pascual Juan Cubero Vermurie, residing in
abovementioned project could not qualify for such aid             Brussels, represented by Eric Boigelot, of the Brussels Bar,
because the budgetary resources under the relevant                with an address for service in Luxembourg at the
headings for 1991 and 1992 were insufficient.                     Chambers of Louis Schiltz, 2, Rue du Fort Rheinsheim.