# C_2006281EN.01000601.xml

| 18.11.2006 | EN | Official Journal of the European Union | C 281/6 |
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18.11.2006

EN

Official Journal of the European Union

C 281/6

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Judgment of the Court (Second Chamber) of 7 September 2006 — Kingdom of Spain v Council of the European Union

(Case C-310/04) (1)

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(Actions for annulment - Agriculture - Chapter 10a of Title IV of Regulation (EC) No 1782/2003, inserted by Article 1(20) of Regulation (EC) No 864/2004 - Amendment of the support scheme for cotton - Condition that the area is maintained at least until the boll opening - Compliance with Protocol 4 on cotton annexed to the Act of Accession of the Hellenic Republic to the European Communities - Concept of production aid - Obligation to state reasons - Misuse of powers - General principles of proportionality and protection of legitimate expectations)

(2006/C 281/10)

Language of the case: Spanish

Parties

Applicant: Kingdom of Spain (represented by: M. Muñoz Pérez, Agent)

Applicant:

Defendant: Council of the European Union (represented by: M. Balta and F. Florindo Gijón, Agents)

Defendant:

Intervener in support of the defendant: Commission of the European Communities (represented by: M. Nolin and S. Pardo Quintillán, Agents)

Intervener in support of the defendant:

Re:

Annulment of Chapter 10a of Title IV of Council Regulation (EC) No 1782/2003 of 29 September 2003, inserted by Council Regulation (EC) No 864/2004 of 29 April 2004 amending Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers, and adapting it by reason of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia to the European Union (OJ 2004 L 161, p. 48) — Alteration of the support scheme in the cotton sector — Aid to producers divided into two parts (single payment and aid linked to cotton production)

Operative part of the judgment

The Court:

| 1. | Annuls Chapter 10a of Title IV of Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending Regulations (EEC) No 2019/93, (EC) No 1452/2001, (EC) No 1453/2001, (EC) No 1454/2001, (EC) No 1868/94, (EC) No 1251/1999, (EC) No 1254/1999, (EC) No 1673/2000, (EEC) No 2358/71 and (EC) No 2529/2001, inserted by Article 1(20) of Council Regulation (EC) No 864/2004 of 29 April 2004; |
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1.

Annuls Chapter 10a of Title IV of Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending Regulations (EEC) No 2019/93, (EC) No 1452/2001, (EC) No 1453/2001, (EC) No 1454/2001, (EC) No 1868/94, (EC) No 1251/1999, (EC) No 1254/1999, (EC) No 1673/2000, (EEC) No 2358/71 and (EC) No 2529/2001, inserted by Article 1(20) of Council Regulation (EC) No 864/2004 of 29 April 2004;

| 2. | Orders the effects of that annulment to be suspended until the adoption, within a reasonable time, of a new regulation; |
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2.

Orders the effects of that annulment to be suspended until the adoption, within a reasonable time, of a new regulation;

| 3. | Orders the Council of the European Union to pay the costs; |
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3.

Orders the Council of the European Union to pay the costs;

| 4. | Orders the Commission of the European Communities to bear its own costs. |
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4.

Orders the Commission of the European Communities to bear its own costs.

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(1)  OJ C 228, 11.9.2004.

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