Notice for the OJ

 

Action brought on 10 June 2004 by the Kingdom of Spain against the Commission of the European Communities

(Case T-209/04)

Language of the case: Spanish

An action against the Commission of the European Communities was brought before the Court of First Instance of the European Communities on 10 June 2004 by the Kingdom of Spain, represented by N. Díaz Abad, Abogado del Estado, with an address for service in Luxembourg.

The applicant claims that the Court should:

-    declare that, by failing to take a decision within a reasonable time on the authorisations applied for by the Spanish authorities, the Commission has failed to fulfil its obligations under Article 7(3) of Regulation No 2792/99, as amended by Regulation No 2369/02, and is thereby liable for failure to act; and

-    order the Commission to pay the costs.

Pleas in law and main arguments:

The Spanish authorities applied to the Commission for a series of exemptions in order to be in a position to grant the aid for the constitution of joint enterprises provided for in Council Regulation (EC) No 2792/99 laying down the detailed rules and arrangements regarding Community structural assistance in the fisheries sector, as amended by Council Regulation (EC) No 2369/02 of 20 December 2002. ¹ Where the vessel is transferred to a third country with which there is no fisheries agreement with the European Community, it is necessary for the Commission to grant the appropriate derogation (Article 7(3) of Regulation No 2792/99, as amended by Regulation No 2369/02). The aid may only be granted by the national authorities until 31 December 2004.

A formal request was made to the Commission on 16 February 2004 asking it to take a decision on the pending applications and, since no decision has been taken on any of them, the Kingdom of Spain has decided to bring an action against the Commission, having regard also to the fact that the Spanish authorities, which are waiting for the Commission's decision on the derogations applied for, have already exceeded the periods allowed them by national legislation and within which they should reach a decision.

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¹ - Council Regulation (EC) No 2369/2002 of 20 December 2002 amending Regulation (EC) No 2792/1999 laying down the detailed rules and arrangements regarding Community structural assistance in the fisheries sector (OJ L 358 of 31.12.2002, p. 49).