CELEX: C2003/135/39
Language: en
Date: 2003-06-07 00:00:00
Title: Judgment of the Court of First Instance of 10 April 2003 in Case T-369/00, Département du Loiret v Commission of the European Communities (Action for annulment — State aid — Regulation (EC) No 659/1999 — Article 15 — Limitation period — Recovery of aid — Act interrupting the limitation period)

C 135/26                   EN                         Official Journal of the European Union                                          7.6.2003
     JUDGMENT OF THE COURT OF FIRST INSTANCE                                       JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                         of 3 April 2003
                             of 10 April 2003
                                                                              In Joined Cases T-44/01, T-119/01 and T-126/01: Eduardo
                                                                              Vieira, SA and Others v Commission of the European
                                                                                                        Communities ( 1)
in Case T-369/00, Département du Loiret v Commission
                 of the European Communities ( 1)
                                                                              (Fisheries — Fisheries agreement with Argentina — Com-
                                                                              munity financial aid — Reduction — Actions for annulment
                                                                                                     — Actions for damages)
(Action for annulment — State aid — Regulation (EC)
No 659/1999 — Article 15 — Limitation period — Recovery
        of aid — Act interrupting the limitation period)                                                 (2003/C 135/40)
                                                                                                   (Language of the case: Spanish)
                             (2003/C 135/39)
                                                                              In Joined Cases T-44/01, T-119/01 and T-126/01, Eduardo
                                                                              Vieira, SA, established in Vigo-Pontevedra (Spain), represented
                      (Language of the case: French)                          by J.-R. García-Gallardo Gil-Fournier and D. Domínguez Pérez,
                                                                              lawyers, applicant in Cases T-44/01 and T-126/01, Vieira
                                                                              Argentina, SA, established in Buenos Aires (Argentina), rep-
                                                                              resented by J.-R. García-Gallardo Gil-Fournier and D. Domíng-
                                                                              uez Pérez, laywers, applicant in Case T-44/01, Pescanova,
                                                                              SA, established in Chapela (Spain), represented by A. Creus
In Case T-369/00: Département du Loiret, represented by                       Carreras, B. Uriarte Valiente and S. Rodríguez Artacho, lawyers,
A. Carnelutti, lawyer, supported by Scott SA, established in                  applicant in Case T-119/01, v Commission of the European
Saint-Cloud (France), represented by Sir Jeremy Lever, QC,                    Communities (Agents: S. Pardo Quintillán and J. Guerra
G. Peretz, Barrister, and R. Griffith, Solicitor, with an address             Fernández): Application, in Case T-44/01, for compensation
for service in Luxembourg, against Commission of the Euro-                    under Article 235 EC and the second paragraph of Article 288
pean Communities (Agents: G. Rozet and J. Flett) — application                EC for damage arising from the suspension of payment of the
for annulment in part of Commission Decision 2002/14/EC                       balance of the financial aid granted to project ARG/ESP/SM/
of 12 July 2000 on the state aid granted by France to Scott                   26-94 for the creation of a joint enterprise within the
Paper SA Kimberly-Clark (OJ L 12, p. 1), the Court of First                   framework of the Agreement between the Community and the
Instance (Fifth Chamber, Extended Composition), composed                      Argentinian Republic on relations in the sea fisheries sector; in
of J.D. Cooke, President, and R. García-Valdecasas, P. Lindh,                 Case T-119/01, for annulment of the Commission decision of
N.J. Forwood and H. Legal, Judges; H. Jung, Principal Adminis-                19 March 2001 reducing the aid granted to project ARG/ESP/
trator, for the Registrar, gave a judgment on 10 April 2002, in               SM/17-94 for the purpose of creating a joint enterprise within
which it:                                                                     the framework of the Agreement between the Community and
                                                                              the Argentinian Republic on relations in the sea fisheries
                                                                              sector; and, in Case T-126/01, for annulment of the Com-
1.     Dismisses the application for annulment of Article 2 of                mission decision of 19 March 2001 reducing the aid granted
       Commission Decision 2002/14/EC of 12 July 2000 on the                  to project ARG/ESP/SM/26-94 for the purpose of creating a
       state aid granted by France to Scott Paper SA Kimberly-Clark,          joint enterprise within the framework of the Agreement
       in so far as it is founded on infringement by the Commission of        between the Community and the Argentinian Republic on
       Article 15 of Council Regulation (EC) No 659/1999 of                   relations in the sea fisheries sector, the Court of First Instance
       22 March 1999 laying down detailed rules for the application           (Third Chamber), composed of: K. Lenaerts, President, J. Azizi
       of Article [88] of the EC Treaty;                                      and M. Jaeger, Judges; J. Palacio González, Principal Adminis-
                                                                              trator, for the Registrar, has given a judgment on 3 April 2003,
                                                                              in which it:
2.     Orders the remainder of the proceedings to continue;
                                                                              1.     Declares that Cases T-44/01, T-119/01 and T-126/01 are
                                                                                     joined for the purposes of the judgment;
3.     Reserves the costs.
                                                                              2.     Dismisses the applications;
                                                                              3.     Orders the applicants to pay the costs.
( 1) OJ C 61 of 24.2.01.
                                                                              (1 ) OJ C 134 of 5.5.2001 and C 245 of 1.9.2001.