CELEX: C2003/146/69
Language: en
Date: 2003-06-21 00:00:00
Title: Judgment of the Court of First Instance of 13 March 2003 in Case T-125/01: José Martí Peix, SA v Commission of the European Communities (Fisheries — Community financial aid — Reduction of aid — Limitation — Reasonable period — Principle of proportionality)

C 146/38                 EN                          Official Journal of the European Union                                        21.6.2003
                                                           COURT OF FIRST INSTANCE
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                  2.     Dismisses the remainder of the application.
                          of 13 March 2003                                   3.     Each of the parties shall bear its own costs.
in Case T-340/00: Comunità Montana della Valnerina v                         (1 ) OJ C 4 of 6.1.2001.
        Commission of the European Communities ( 1)
(EAGGF — Withdrawal of financial assistance — Article 24
of Regulation (EEC) No 4253/88 — Principles of pro-
portionality and legal certainty — Statement of reasons —
                          Right to be heard)
                                                                                  JUDGMENT OF THE COURT OF FIRST INSTANCE
                           (2003/C 146/68)
                                                                                                       of 13 March 2003
                     (Language of the case: Italian)
                                                                             in Case T-125/01: José Martí Peix, SA v Commission of
                                                                                               the European Communities (1)
In Case T-340/00: Comunità Montana della Valnerina, rep-
resented by E. Cappelli and P. De Caterini, lawyers, with an
address for service in Luxembourg, supported by Italian                      (Fisheries — Community financial aid — Reduction of
Republic (Agents: U. Leanza and G. Aiello), against Com-                     aid — Limitation — Reasonable period — Principle of
mission of the European Communities (Agents: C. Cattabriga                                               proportionality)
and M. Moretto) — application for the annulment of Com-
mission Decision C(2000) 2388 of 14 August 2000 with-                                                   (2003/C 146/69)
drawing the financial assistance granted to the Comunità
Montana della Valnerina by Commission Decision C(93) 3182
of 10 November 1993 concerning grant of a contribution                                           (Language of the case: Spanish)
from the EAGGF, Guidance Section, pursuant to Council
Regulation (EEC) No 4256/88 of 19 December 1988 laying
down provisions for implementing Regulation (EEC) No 2052/
88 as regards the EAGGF, Guidance Section (OJ 1988 L 374,                    In Case T-125/01: José Martí Peix, SA, established in Huelva
p. 25), in connection with Project No 93.IT.06.016 entitled                  (Spain), represented by J.-R. García-Gallardo Gil-Fournier and
‘Pilot demonstration project for forestry, agricultural and food             D. Domínguez Pérez, lawyers, against Commission of the
programmes in marginal hill areas (France, Italy)’ — the Court               European Communities (Agents: initially L. Visaggio and
of First Instance (Third Chamber), composed of K. Lenaerts,                  J. Guerra Fernández, and subsequently S. Pardo Quintillán and
President, J. Azizi and M. Jaeger, Judges; J. Palacio González,              J. Guerra Fernández) — application for annulment of the
Principal Administrator, for the Registrar, has given a judgment             Commission decision of 19 March 2001 reducing the aid
on 13 March 2003, in which it:                                               granted to José Martí Peix SA by Commission Decision
                                                                             C(91) 2874 final/11 of 16 December 1991, as amended by
1.    Annuls Commission Decision C(2000) 2388 of 14 August                   Commission Decision C(93) 1131 final/4 of 12 May 1993, for
      2000 withdrawing the financial assistance of the European              a project to create a joint enterprise in the fisheries sector —
      Agricultural Guidance and Guarantee Fund granted to the                the Court of First Instance (Third Chamber), composed of
      Comunità Montana della Valnerina by Commission Decision                K. Lenaerts, President, and J. Azizi and M. Jaeger, Judges;
      C(93) 3182 of 10 November 1993 concerning grant of a                   B. Pastor, Deputy Registrar, has given a judgment on 13 March
      contribution from the EAGGF, Guidance Section, pursuant to             2003, in which it:
      Council Regulation (EEC) No 4256/88 of 19 December 1988
      laying down provisions for implementing Regulation (EEC)               1.     Dismisses the application;
      No 2052/88 as regards the EAGGF, Guidance Section (OJ
      1988 L 374, p. 25), in connection with Project
                                                                             2.     Orders the applicant to pay the costs.
      No 93.IT.06.016 entitled ‘Pilot demonstration project for
      forestry, agriculture and food production in marginal hill areas
      (France, Italy)’, in so far as the Commission did not limit its
                                                                             (1 ) OJ C 245 of 1.9.2001.
      demand for repayment of the contribution to the sums
      corresponding to the part of the project which, under the award
      decision, were to be carried out by the applicant itself.