CELEX: C2001/134/56
Language: en
Date: 2001-05-05 00:00:00
Title: Case T-44/01: Action brought on 26 February 2001 by Eduardo Vieira y Vieira Argentina, S.A. against Commission of the European Communities

C 134/26               EN                     Official Journal of the European Communities                                       5.5.2001
Action brought on 26 February 2001 by Eduardo Vieira y                   In support of its claims, the applicants claim:
Vieira Argentina, S.A. against Commission of the Euro-
                       pean Communities                                  —    Erroneous legal basis, inasmuch as the Commission
                                                                              claims that the legal basis for initiating a proceeding
                                                                              for reduction is Regulation Council Regulation (EEC)
                         (Case T-44/01)                                       No 4253/88 of 19 December 1988, laying down pro-
                                                                              visions for implementing Regulation (EEC) No 2052/88
                                                                              as regards coordination of the activities of the different
                                                                              Structural Funds between themselves and with the oper-
                        (2001/C 134/56)                                       ations of the European Investment Bank and the other
                                                                              existing financial instruments. (1). On the contrary, the
                                                                              applicants consider that that legal basis is not applicable
                                                                              to joint companies set up under the EC/Argentina Agree-
                   (Language of the case: Spanish)                            ment. That error with respect to the legal basis also affects
                                                                              the quantum by which the assistance may be reduced.
                                                                         —    Complete disregard by the Commission for the legal
An action against the Commission of the European Communi-
                                                                              scheme applicable to joint fishing companies which it
ties was brought before the Court of First Instance of the
                                                                              proposed itself pursuant to the Fishing Agreement with
European Communities on 26 February 2001 by Eduardo
                                                                              Argentina, so far as concerns both the erroneous appli-
Vieira y Vieira Argentina, S.A., whose registered office is in
                                                                              cation of the general proceeding and the absence of a
Pontevedra (Spain), represented by Ramón Garcı́a-Gallardo
                                                                              decision suspending the financial assistance.
and Mª Dolores Domı́nguez Pérez.
                                                                         —    Breach by the defendant of the duties of care and good
                                                                              administration, as well as its obligation to act within a
The applicants claim that the Court should:                                   reasonable time.
—      order the Commission to compensate the applicants for             —    Breach of the rights of the defence of one of the
       the damage caused to them by delayed payment of part                   applicants, inasmuch as Vieira Argentina SA was never
       of the aid;                                                            notified by the Commission of its intention to reduce the
                                                                              assistance, much less to suspend it for the duration of the
                                                                              proceedings.
—      order the Commission to pay the costs.
                                                                         (1) OJ 1988 L 374, p. 1.
Pleas in law and main arguments
The present action was brought by two undertakings owners
of fishing vessels to which, in the context of the Fishing
Agreement between the Community and the Argentine Repub-
lic, the Community granted in 1995 a subsidy for the export
to Argentina of a vessel flying a Community flag to a                    Action brought on 27 February 2001 by Sanders and
joint Community-Argentinian company. In this regard the                  Others against the Commission of the European Com-
applicants claim that, more than 5 years after the joint                                              munities
company was set up, the defendant institution not only has
not paid the remaining balance of the assistance, amounting
to EUR 432 846,28, it even seeks to recover the part of the                                        (Case T-45/01)
amount paid by the beneficiaries.
                                                                                                  (2001/C 134/57)
The purpose of the present application is precisely to seek
from the Commission compensation for the damage caused to                                  (Language of the case: English)
the applicants by delaying payment of the outstanding balance
of the assistance. Furthermore, the Commission never deemed
it necessary to suspend the assistance, so that it has never             An action against the Commission of the European Communi-
notified beneficiaries formally that the assistance had been             ties was brought before the Court of First Instance of the
suspended. The defendant has in fact initiated a proceeding              European Communities on 27 February 2001 by Sanders and
seeking to reduce the amount, the outcome being suspension               Others, represented by Ian Hutton, of Monckton Chambers,
of payment of the balance of the assistance.                             London (U.K.).