Action brought on 24 April 2007 - Mohr & Sohn v Commission

(Case T-131/07)

Language of the case: German

Parties

Applicant: Paul Mohr & Sohn, Baggerei und Schiffahrt (Niederwalluf (Rhg), Germany) (represented by: F. von Waldstein, lawyer)

Defendant: Commission of the European Communities

Form of order sought

Annul the defendant's decision of 28 February 2007 and order the European Commission to grant the applicant an exemption for the crane vessel 'Niclas', in accordance with Article 4(6) of Council Regulation (EC) No 718/1999 of 29 March 1999 on a Community-fleet capacity policy to promote inland waterway transport;

Order the defendant to bear the costs of the proceedings.

Pleas in law and main arguments

The applicant challenges the decision of the Directorate-General for Energy and Transport of the Commission (2007) D/200972 of 28 February 2007 in respect of the application which it made pursuant to Article 4(6) of Regulation (EC) No 718/1999 ¹ for an exemption for the crane vessel 'Niclas'. The applicant applied for that specialised vessel to be exempted from the application of the 'old-for-new' rule. In the contested decision the defendant decided not to grant the relevant exemption for the vessel 'Niclas'.

In support of its action the applicant claims, in particular, that the crane vessel 'Niclas' is not a vessel which is subject to Regulation No 718/1999. It submits, in that regard, that the ship concerned is not in possession of a certificate of entitlement to operate on the Rhine, which is however a requirement for the legal transportation of goods on the European waterways. According to the applicant, the crane vessel 'Niclas' is no different from storage vessels under Article 2(2)(f) of Regulation No 718/1999 or from hopper vessels and floating construction plants within the meaning of Article 2(2)(g) of that regulation.

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¹ - Council Regulation (EC) No 718/1999 of 29 March 1999 on a Community-fleet capacity policy to promote inland waterway transport.