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Case T-44/08: Action brought on 24 January 2008 — Shetland Islands Council v Commission
ECLI:EU:UNKNOWN:62008TN0044
62008TN0044
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26.4.2008
EN
Official Journal of the European Union
C 107/27
(Case T-44/08)
(2008/C 107/46)
Language of the case: English
Parties
Applicant: Shetland Islands Council (Lerwick, United Kingdom) (represented by: E. Whiteford, Barrister, R. Murray, Solicitor, and R. Thompson QC)
Defendant: Commission of the European Communities
Form of order sought
—Annulment of Articles 1(2), 3, 4 and 5 of the decision; and
—the costs of this application.
Pleas in law and main arguments
The applicant is a public authority that made payments to the fisheries sector under the scope of two general aid measures, named ‘Aid to the Fish Catching and Processing Industry’ and ‘Aid to the Fish Farming Industry’, consisting of different types of aid schemes. One of these schemes was the First Time Shareholders Scheme. The Commission found that the aid which the United Kingdom implemented on the basis of this scheme was incompatible with the common market, in so far as it concerned aid granted for the first time acquisition of a share in a second-hand fishing vessel.
By means of its application, the applicant seeks partial annulment pursuant to Article 230 EC of Commission Decision C 39/2006 (ex NN 94/2005) of 13 November 2007 concerning the First Time Shareholders Scheme implemented in the United Kingdom. In particular, the applicant seeks annulment of Article 1(2), 3, 4, and 5 of the contested decision on the following grounds:
(1)The Commission erred in law in finding that all payments made for the first time acquisition of a share in a second-hand fishing vessel were incompatible with the common market and had to be paid back;
(2)The Commission erred in law in finding that recovery of these payments would be compatible with:
(a)Article 14(1) of Council Regulation (EC) No 659/1999 (1); and
(b)the general principles of legal certainty and the protection of legitimate expectations and of equality of treatment.
Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article 93 of the EC Treaty (OJ 1999 L 83, p. 1).