Staatssteun en pulskorvisserij: wat te doen als de Commissie niet op een klacht beslist

Various French, Dutch and British fishermen (the Fishermen) had filed two complaints with the European Commission (the Commission) regarding state aid that the Netherlands had allegedly granted to pulse fishing vessels. After a formal request to that effect from the Fishermen, the Commission responded that it would take no action. The Fishermen considered this to be a refusal to take a decision within the meaning of Article 263 TFEU and lodged an appeal with the General Court of the EU (General Court). In a judgment of 13 November 2024, the General Court ruled that the Commission can comply with Article 253 TFEU by adopting a clear and definitive position. Based on the available facts, the General Court then concluded that the Commission had adopted such a position with regard to the first complaint. It is necessary to consider not only the text of the Commission's response, but also the correspondence previously exchanged between the parties. The final nature of the position adopted by the Committee is not affected by offering the complainants a final chance to provide additional information. Consequently, the appeal is rejected with regard to the first complaint. However, the appeal is granted with regard to the second complaint. After all, the Commission's response did not address that complaint.