6.4.2002

C 84/61

Official Journal of the European Communities

In view of the inactivity of the Community institution, the applicant, by letter of 26 July 2001, received by the Commission on 30 July 2001, more than 53 months after the complaint was lodged, called on the Commission, in accordance with Article 232 of the EC Treaty, to adopt a position on the complaint and initiate the procedure under Article 88(2) of the EC Treaty. The Commission replied, after the two-month time-limit prescribed by Article 232, in a letter of 24 October 2001, in which it does not define its position, but merely states that it is completing the internal preparatory work with regard to the 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 to be considered sufficient for a joint enterprise, as defined by Community Regulations.

— The reduction of the applicant’s shareholding in the joint enterprise to 1 % did not mean that a joint enterprise within the meaning of the Regulation no longer existed.

(Case T-319/01)

(2002/C 84/112)

— The applicant had a legitimate expectation that the reduction of the Applicant’s shareholding in the joint enterprise to 1 % would not result in any demand for repayment of aid from the Commission.

(Language of the case: English)

An action against the Commission of the European Communities was brought before the Court of First Instance of the European Communities on 17 December 2001 by Norway Seafoods Denmark A/S, represented by Mr Jacob Ørndrup of Gorrissen Federspiel Kierkegaard, Copenhagen (Denmark).

The applicant claims that the Court should:

— annul Commission Decision K(2001)3079 of 16 October 2001

Action brought on 19 December 2001 by Mercedes Alvarez Moreno against Commission of the European Communities

— order the Commission to pay the costs.

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 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 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 aquaculture sector as amended by Council Regulation (EEC) No. 3944/90 of 20 December 1990. The applicant’s name at the time of this application was Foodmark A/S; this name was later changed to Foodmark Holding A/S and later still to Norway Seafoods Denmark A/S.

(2002/C 84/113)

(Language of the case: French)