CELEX: C2001/186/18
Language: en
Date: 2001-06-30 00:00:00
Title: Case T-82/01: Action brought on 5 April 2001 by VOF Josanne and Others against the Commission of the European Communities

C 186/12                EN                     Official Journal of the European Communities                                      30.6.2001
Action brought on 5 April 2001 by VOF Josanne and                         In regard to dredging equipment, the applicants submit that in
Others against the Commission of the European Com-                        general the activities in question involve removal of the
                               munities                                   dredged material. Such removal is in general an activity
                                                                          inherent in that of dredging equipment such as hopper and
                                                                          suction dredgers. This, however, does not constitute a carriage
                           (Case T-82/01)                                 of goods within the meaning of Article 1 of the regulation.
                          (2001/C 186/18)                                 Should it none the less be held that the transport inherent in
                                                                          the operation of dredging equipment does constitute a carriage
                                                                          of goods within the meaning of Article 1 of the regulation, the
                                                                          question arises as to whether the Josanne, as a specialised vessel
                     (Language of the case: Dutch)                        under Article 4(6) of the regulation, is eligible for exemption
                                                                          from the scope of Article 4(1) thereof. The applicants take the
                                                                          view that the conditions laid down by Article 4(6) of the
An action against the Commission of the European Communi-                 regulation have been satisfied and that the vessel does not
ties was brought before the Court of First Instance of the                contribute to an increase in fleet capacity and does not
European Communities on 5 April 2001 by VOF Josanne,                      adversely affect the objectives of the Community rules. The
established in Papendrecht, P. van Wijnen and A.J. van Wijnen,            Commission, they submit, errs in its view that the Josanne fails
both resident in Papendrecht, and A. Veen, resident in                    to satisfy those criteria on the ground that the vessel can
Meerkerk, all represented by J. van Dam, of the Rotterdam Bar.            transport a variety of types of goods, and that bringing that
                                                                          vessel into service would consequently contribute to an
                                                                          increase in fleet capacity. The Josanne is not suitable for the
The applicants claim that the Court should:
                                                                          carriage of any sort of goods other than dredged material.
(1) Annul Commission Decision SG (2001) D/286100 of
      9 February 2001 not to grant the applicants the requested           The applicants offer to substantiate their views by all legal
      exemption from the old-for-new obligations set out in               means, in particular by way of witnesses and experts.
      Article 4(1) of Council Regulation (EC) No 718/1999 of
      29 March 1999 on a Community-fleet capacity policy to
      promote inland waterway transport, and rule that the
      requested exemption ought to be granted in respect of
      the hopper and suction dredger Josanne;
(2) Order the defendant to pay the costs.
                                                                          Action brought on 11 April 2001 by IAMA Consulting
Pleas in law and main arguments                                            S.r.l. against Commission of the European Communities
The applicants challenge Commission Decision SG (2001)                                               (Case T-85/01)
D/286100 of 9 February 2001, which is addressed to them.
That decision was issued in response to the request which VOF
                                                                                                    (2001/C 186/19)
Josanne submitted to the Commission on 27 June 2000 that
the hopper and suction dredger Josanne be exempted from
application of Article 4(1) of Council Regulation No 718/1999
of 29 March 1999. In the contested decision, the Commission                                  (Language of the case: Italian)
decided not to grant the requested exemption, a decision
which has a direct adverse effect on the applicants’ interests.
                                                                          An action against the Commission of the European Communi-
                                                                          ties was brought before the Court of First Instance of the
The Josanne was specially designed to perform dredging and                European Communities on 11 April 2001 by IAMA Consulting
suction work and consequently intended for use in ‘wet                    S.r.l., represented by Vincenzo Salvatore, lawyer.
contracting’, that is to say, with regard to water- (public-works)
related activities. The Josanne was thus designed for only one            The applicant claims that the Court should:
sort of material, namely ‘dredged material, dredged mud’.
                                                                          —      annul the contested provisions in so far as they are
                                                                                 unlawful, inasmuch as the expenses incurred by IAMA
According to the Commission, although the Josanne is indeed                      Consulting S.r.l. in the periods 1 May 1996 to 31 October
an item of dredging equipment, the exemption under                               1997 (Project REGIS 22337) and 1 November 1996 to
Article 2(2)(g) of Regulation No 718/1999 is not applicable                      31 October 1997 (Project REFIAG 23200) are not
inasmuch as the vessel is also designed for the transport of                     recognised as eligible, and make any other appropriate
filling sand, filling earth, fouled earth and fouled dredged mud.                order;