CELEX: C1997/387/45
Language: en
Date: 1997-12-20 00:00:00
Title: Action brought on 24 October 1997 by Wilson Holland BV against the Commission of the European Communities (Case T-280/97)

C 387/24                   EN                    Official Journal of the European Communities                                      20 . 12 . 97
       investment which had been made in full long before.                   Pleas in law and main arguments adduced in support:
       The applicant considered that it did not conclude a
       separate sale of the installations and equipment but
       transferred its entire business, comprising the fish                  The pleas in law and main arguments are similar to those
       hatchery, clearly maintaining the undertaking as a                    submitted in Cases T- 186/97, T- 187/97, T-l 90/97, T-191/
       going concern.                                                        97, T-l 92/97, T-210/97, T-211 /97, T-216/97, T-217/97
                                                                             and T-2 18/97 ( 1 ).
— breach of the principle of legal certainty and of
       Articles 38 and 44 of Regulation No 4028/86 . The                     (') OJ C 318 , 18 . 10 . 1997, p . 17—25 .
       applicant observes in that connection that, in the light
       of the exhaustive manner in which that regulation lays
       down the conditions for initiation of the procedure for
       suspension/cancellation/reduction of the contributions,
       it can hardly be said that the term 'significant
       alteration of the project' covers a mere change in the
       ownership of the business.                                            Action brought on 24 October 1997 by Wilson Holland
                                                                             BV against the Commission of the European Communities
(') Council Regulation ( EEC ) No 4253/88 of 19 December 1988                                           ( Case T-280/97)
      laying down provisions for implementing Regulation (EEC )
      No 2052/88 as regards coordination of the activities of                                             ( 97/C 387/45 )
      different Structural Funds between themselves and with the
      operations of the European Investment Bank and other
      existing financial instruments ( OJ L 374 , 31 . 12 . 1988 , p. 1 ).                     (Language of the case: English)
( 2 ) Council Regulation ( EEC ) No 4028/86 of 18 December 1986
      on Community measures to improve and adapt structures in
      the fisheries and aquaculture sector ( OJ L 376 , 31 . 12 . 1986 ,     An action against the Commission of the European
      p. 7 ).                                                                Communities was brought before the Court of First
                                                                             Instance of the European Communities on 24 October
                                                                             1997 by Wilson Holland BV, represented by Catherine
                                                                             Grisart, of the Brussels Bar, with an address for service in
                                                                             Luxembourg at the office of Stef Oostvogels, 13 Rue
                                                                             Aldringen, Luxembourg.
Action brought on 24 October 1997 by DFDS Transport
 BV against the Commission of the European Communities                       The applicant claims that the Court should:
                            ( Case T-279/97
                              ( 97/C 387/44 )                                — annul the decision of the European Commission of
                                                                                    June 5 , 1997 No C(97 ) 1636 def./2, under reference
                    (Language of the case: English)                                 REM 26/96 ( not published in the Official Journal of
                                                                                    the European Communities ), based on Article 173 of
                                                                                    the Rome Treaty,
An action against the Commission of the European
Communities was brought before the Court of First
Instance of the European Communities on 24 October                           — acknowledge that the applicant reserves all its rights to
 1997 by by DFDS Transport BV, represented by Catherine                             bring at a later stage an action for damages against the
 Grisart, of the Brussels Bar, with an address for service in                       defendant,
 Luxembourg at the office of Stef Oostvogels, 13 Rue
Aldringen, Luxembourg.
                                                                             — order         the   defendant      to  bear all costs   of    the
 The applicant claims that the Court should :                                       proceedings, including all costs fees and expenses of
                                                                                     the applicant.
— annul the decision of the European Commission of
        5 June 1997, No C(97 ) 1636 def./l , under reference                 Pleas in law and main arguments adduced in support:
        REM 26/96 ( not published in the Official Journal of
        the European Communities ), based on Article 173 of
        the Rome Treaty,                                                     The pleas in law and main arguments are similar to those
                                                                              submitted in Cases T-l 86/97, T-l 87/97, T-l 90/97, T-191 /
                                                                              97, T-192/97, T-210/97, T-211 /97, T-216/97, T-217/97
 — acknowledge that the applicant reserves all its rights to                  and T-2 18/97 (') and T-279/97 ( 2 ).
        bring at a later stage an action for damages against the
        defendant,
                                                                              (') OJ C 318 , 18 . 10 . 1997, p. 17—25 .
                                                                              ( : ) See page 24 of this Official Journal .
 — order         the   defendant     to   bear    all    costs     of    the
        proceedings, including all costs fees and expenses of
        the applicant .