CELEX: C2001/150/63
Language: en
Date: 2001-05-19 00:00:00
Title: Case T-61/01: Action brought on 15 March 2001 by Vendedurías de Armadores Reunidos S.A. against the Commission of the European Communities

C 150/32               EN                    Official Journal of the European Communities                                      19.5.2001
      —     order the defendant to continue employing the               According to the applicant, there has been a clear breach of:
            applicant on the contractual terms as a security man;
3.    order the defendant to pay the costs.                             —     Council Regulation (EEC) No 4028/86 of 18 December
                                                                              1986 on Community measures to improve and adapt
                                                                              structures in the fisheries and aquaculture sector (1) and
                                                                              of Commission Regulation (EEC) No 1956/91 of 21 June
Pleas in law and main arguments                                               1991 laying down detailed rules for the application of
                                                                              Council Regulation (EEC) No 4028/86 as regards
                                                                              measures to encourage the creation of joint enterprises (2);
The origin of the case is the same as in Cases T-373/00 (Tralli
v ECB, OJ C 61 of 24 February 2001, p. 61) and T-27/01
(Tralli v ECB, not yet published). The pleas in law and
arguments are the same as those advanced in these cases.                —     Commission Regulation (EEC) No 1116/88 of 20 April
                                                                              1988 laying down detailed rules for the application of
                                                                              decisions granting aid for projects concerning Com-
                                                                              munity measures to improve and adapt structures in the
                                                                              fisheries and aquaculture sector and in structural works
                                                                              in coastal waters (3).
                                                                        The applicant submits that the European Commission failed
Action brought on 15 March 2001 by Vendedurı́as de                      to observe the procedure laid down in those regulations for
Armadores Reunidos S.A. against the Commission of the                   cases in which, on account of the need for supplementary
                    European Communities                                analysis of the conditions for payment, the payment of aid
                                                                        granted to a joint enterprise has to be suspended. The
                                                                        Commission’s breach arises from three facts: (1) it did not
                           (Case T-61/01)                               consult the Standing Committee for the Fishing Industry; (2) it
                                                                        did not consult the Spanish authorities. Nor did it give them
                                                                        an opportunity to be involved in the suspension procedure;
                         (2001/C 150/63)                                (3) it did not adopt the suspension by means of a formal
                                                                        decision but merely by letter. According to Community case-
                                                                        law, a failure to observe an established procedure entails the
                                                                        nullity ab initio of the measures.
                  (Language of the case: Spanish)
An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the              The applicant draws attention to the fact that, as regards the
European Communities on 15 March 2001 by Vendedurı́as de                Community’s liability, the three requirements laid down by
Armadores Reunidos S.A., established in Huelva (Spain),                 case-law are met in the present case: there is a wrongful act,
represented by Ramón Garcı́a-Gallardo (lawyer) and Mª Dolor-           actual harm and a causal link between the wrongful conduct
es Domı́nguez Pérez.                                                    and the damage caused. The compensation claimed is the
                                                                        accrued interest for late payment, in application of the
                                                                        principle established by case-law that the recipient of aid has a
The applicant claims that the Court should:                             right, at the very least, to payment of interest in the case of an
                                                                        infringement of the applicable legislation.
—     order the European Commission to pay Vendedurı́as de
      Armadores Reunidos S.A. compensation for damage and
      loss caused by the delayed payment of a part of its aid;
                                                                        (1) OJ 1986 L 376 p. 7, as amended by Council Regulation (EEC)
—     order the Commission of the European Communities to                   No 3944/90 of 20 December 1990 (OJ 1990 L 380, p. 1) and
      pay the costs in their entirety.                                      Council Regulation (EEC) No 3946/92 of 19 December 1992 (OJ
                                                                            1992 L 401, p. 1).
                                                                        (2) OJ 1992 L 401, p. 1.
                                                                        (3) OJ 1988 L 112, p. 1.
Pleas in law and main arguments
The action involves a claim alleging non-contractual liability
on the part of the Commission for the unlawful suspension of
payment of 20 % of the aid granted to the applicant, causing
it serious financial loss.