CELEX: C2000/259/54
Language: en
Date: 2000-09-09 00:00:00
Title: Case T-180/00: Action brought on 5 July 2000 by Astipesca, S.L. (formerly Martín Vázquez, S.A.) against the Commission of the European Communities

C 259/30               EN                     Official Journal of the European Communities                                             9.9.2000
Action brought on 5 July 2000 by Astipesca, S.L. (for-                   one of the vessels contributed and following the substitution
merly Martı́n Vázquez, S.A.) against the Commission of                  of a Senegalese partner in place of the Moroccan one, in
                  the European Communities                               consequence of the adoption of a series of measures restricting
                                                                         access to the Moroccan fishing grounds. The Commission
                                                                         proceeded to pay the first part of the subsidy, amounting to
                         (Case T-180/00)                                 80 %, in November 1997. Subsequently, and on the basis of
                                                                         the alleged lack of any activity in Senegal of the vessel ‘Nuevo
                                                                         Usisa’ over a certain period of time, the Commission effected
                         (2000/C 259/54)                                 a proportional reduction in the aid.
                   (Language of the case: Spanish)
                                                                         In support of its claims, the applicant pleads:
An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 5 July 2000 by Astipesca, S.L.                   —      infringement of essential procedural requirements, con-
(formerly Martı́n Vázquez, S.A.), established at Huelva, Spain,                sisting of a failure to comply with the procedure laid
represented by Ramón Garcı́a-Gallardo and Dolores Domı́ng-                     down in the rules on aid, inasmuch as the Commission
uez Pérez, lawyers.                                                             effected a de facto suspension and reduced the subsidy in
                                                                                issue without complying with the procedural require-
                                                                                ments laid down by the above-mentioned Council Regu-
The applicant claims that the Court should:                                     lation No 4028/86 and Commission Regulation
                                                                                No 1956/91, and by Regulation No 1116/88 (3); in par-
                                                                                ticular, the defendant institution failed to consult the
—     annul the contested measures, by which the European                       Standing Committee for the Fisheries Industry, to consult
      Commission reduced the financial aid in issue;                            the Spanish authorities and give them an opportunity to
                                                                                make their views known in course of the procedure, or
                                                                                to adopt the suspension and reduction measures by way
—     order, in the exercise of its unlimited jurisdiction and on
                                                                                of a formal decision, doing so instead by means of an
      the basis of the claims put forward in the present action,
                                                                                ordinary letter;
      the payment by the European Commission to Astipesca,
      S.L. (formerly Martı́n Vázquez, S.A.) of compensation for
      the loss and damage caused by (1) the delay in payment
      and (2) the unjustified reduction of part of the aid;
                                                                         —      violation of the principle of proportionality, having
                                                                                regard to the merely temporary nature of the infringement
—     order the Commission of the European Communities to                       alleged, and inasmuch as the Commission has sought to
      pay to the applicant all the costs arising from the                       penalise the exchange of fishing zones, which, in the
      proceedings.                                                              applicant’s view, is not fundamentally necessary.
Pleas in law and main arguments
                                                                         (1) Council Regulation (EEC) No 4028/86 of 18 December 1986 on
                                                                             Community measures to improve and adapt structures in the
The present action seeks annulment of the decisions conveyed,                fisheries and aquaculture sector (OJ L 376 of 31.12.1986, p. 7).
according to the applicant, in the letter of 18 May 2000 from
the Head of the Unit for Financial and Human Resources in                (2) Commission Regulation (EEC) No 1956/91 of 21 June 1991
the Fisheries Directorate-General confirming the reduction in                laying down detailed rules for the application of Council Regu-
                                                                             lation (EEC) No 4028/86 as regards measures to encourage the
financial aid initially granted by Decision C (93) 1823 final/9
                                                                             creation of joint enterprises (OJ L 181 of 8.7.1991, p. 1).
and the Commission’s telex of 5 May 2000 giving notice of
the partial payment of the aid in question.                              (3) Commission Regulation (EEC) No 1116/88 of 20 April 1988
                                                                             laying down detailed rules for the application of decisions granting
                                                                             aid for projects concerning Community measures to improve and
                                                                             adapt structures in the fisheries and aquaculture sector and in
The applicant recalls in that regard that, pursuant to Council               structural works in coastal waters (OJ L 112 of 30.4.1988, p. 1).
Regulation No 4028/86 (1) and Commission Regulation
No 1956/91 (2), it submitted to the Commission a proposal
for a joint enterprise with a Moroccan partner for the
catching of certain species, to which three freezer ships were
contributed. The Commission agreed to the grant of financial
aid totalling ECU 3 047 190 in relation to that project. With
the mandatory authorisation of the defendant institution, that
project was altered on two occasions, following the sinking of