T-319/01

6.4.2002 EN Official Journal of the European Communities C 84/61

In view of the inactivity of the Community institution, the It was stated in the application that the Community Ship- applicant, by letter of 26 July 2001, received by the Com- owners should hold 60 % of the shares of the joint enterprise, mission on 30 July 2001, more than 53 months after while the partner in the relevant third Country, Namibia, the complaint was lodged, called on the Commission, in should hold 40 % of the shares. After the withdrawal of the accordance with Article 232 of the EC Treaty, to adopt a project of the Spanish company E. Vieira S.A. and the position on the complaint and initiate the procedure under replacement of two of the four vessels involved with two other Article 88(2) of the EC Treaty. vessels, the applicant and the Namibian partner concluded an agreement, according to which the applicant owned 28,51 % of the share capital, but only 13,68 % of the voting rights. The Commission replied, after the two-month time-limit Finally, with effect from 1 May 1995, the applicant transferred prescribed by Article 232, in a letter of 24 October 2001, in part of its shareholding in the joint entreprise to the Namibian which it does not define its position, but merely states that it partner under an agreement providing that the applicant’s is completing the internal preparatory work with regard to the shareholding was reduced to 1 % of the share capital. complaints. According to the contested Decision, the basis for providing financial aid has ceased to exist because of this reduction to 1 % of the applicant’s shareholding in the joint undertaking, which is not be considered sufficient for a joint enterprise, as defined by Community Regulations.

— order the Commission to pay the costs. Action brought on 19 December 2001 by Mercedes Alvarez Moreno against Commission of the European Communities Pleas in law and main arguments (Case T-323/01) The present application has been lodged against Commission Decision K(2001)3079 of 16 October 2001, regarding the (2002/C 84/113) reduction and repayment of financial aid to Foodmark A/S under Commission Decision K(93)1823 of 5 July 1993, as amended by Decision K(94)119 of 27 January 1994, for (Language of the case: French) Project SM/DNK/02/93, the object of which was an application for financial aid pursuant to Council Regulation (EEC) No. 4028/88 of 18 December 1986, on Community measures to improve and adapt structures in the fisheries and aquacul- ture sector as amended by Council Regulation (EEC) An action against the Commission of the European Communi- No. 3944/90 of 20 December 1990 (1). The applicant’s name ties was brought before the Court of First Instance of the at the time of this application was Foodmark A/S; this name European Communities on 19 December 2001 by Mercedes was later changed to Foodmark Holding A/S and later still to Alvarez Moreno, residing in Berlin, represented by Georges Norway Seafoods Denmark A/S. Vandersanden and Laura Levi, avocats.