Traduction de «Claim for loss future income » (Anglais → Français) :

Fisherman's Notice of Claim for Loss of Income Regulations

future income loss [ loss of future income ]

As regards the absence of overcompensation of capital losses and future income (point 144(l) of the 2007-2013 Guidelines), the French authorities point out that the compensation scale is degressive according to volume and time.

The aid measure excludes undertakings in difficulty, is accessible under the same conditions to all economic operators, does not create a competitive advantage on the basis of its compensatory nature, since compensation is granted only if the quota is abandoned, and does not result under any circumstance in overcompensation of capital losses and future income, since compensation is granted on a degressive basis (during the period under review the average compensation for abandonment was EUR 0,083/litre, while the value of the quota during the same period was EUR 0,10/litre).

(3) Subject to this section, a claimant who suffers or will suffer a loss of income, or in the case of an individual described in paragraph (2)(d), a loss of a source of food or animal skins, resulting from a discharge of oil from a ship that is not recoverable under Part 6 may file a claim with the Administrator for that loss or future los ...[+++]s

In that connection the General Court: (1) found, incorrectly, that the fact that the measure which has an adverse effect on the individual members of the applicant association also affects other does not preclude those members from being individually concerned; (2) found, incorrectly, that only the relevant members had claimed to be in competition with the recipients of the aid; and (3) thereby failed, incorrectly, to accord weight to the specific calculations which the appellants had submitted showing that the aid would inevitably have an adverse effect on their market position; and (4) in addition to the error referred to in (1), in ...[+++]correctly failed to see that the measure having an adverse effect is not the same for all operators; (5) incorrectly assumed that the appellants must provide proof of loss of income which has already occurred in order to have standing to bring proceedings; (6) incorrectly dismissed claims of adverse effect on the basis of other, undocumented causes of the adverse effect; and (7) ruled out the possibility of easing the requirements for having standing on the ground that the Commission’s decision to allow the aid under Article 107(3)(c) had not been dealt with administratively on its merits.