# C_2010328EN.01003901.xml

| 4.12.2010 | EN | Official Journal of the European Union | C 328/39 |
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4.12.2010

EN

Official Journal of the European Union

C 328/39

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Action brought on 30 September 2010 — Anicav v Commission

(Case T-454/10)

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2010/C 328/66

Language of the case: English

Parties

Parties

Applicant: Associazione Nazionale degli Industriali delle Conserve Alimentari Vegetali (Anicav) (Naples, Italy), (represented by: J. da Cruz Vilaça, S. Estima Martins and S. Carvalho de Sousa, lawyers)

Applicant:

Defendant: European Commission

Defendant:

Form of order sought

Form of order sought

| — | Annul the provisions of Article 52 and Annex VIII of Commission Regulation No 1580/2007 (1) as amended by Commission Regulation No 687/2010 (2); and |
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Annul the provisions of Article 52 and Annex VIII of Commission Regulation No 1580/2007 (1) as amended by Commission Regulation No 687/2010 (2); and

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| — | Order the defendant to pay the costs. |
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Order the defendant to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

By means of the present application, the applicant seeks, pursuant to Article 263 TFUE, the partial annulment of Commission Regulation No 1580/2007 as amended by Commission Regulation No 687/2010.

In support of his appeal, the applicant submits the following pleas in law:

| | Firstly, the applicant alleges that the contested measure breaches the Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (the ‘Single CMO Regulation’) (OJ 2007 L 299, p. 1). |
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Firstly, the applicant alleges that the contested measure breaches the Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (the ‘Single CMO Regulation’) (OJ 2007 L 299, p. 1).

| | By failing to (i) include processing activities in Annex VIII of Commission Regulation No 1580/2007 and to (ii) exclude preparation, packaging and post-processing activities from the value of marketed production of products intended to be processed, the contested measure breaches the Single CMO Regulation, in so far as the latter establishes that the provisions on producer organisations, namely the granting of aid, shall apply only to products covered by the common market organisation for fruit and vegetables. |
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By failing to (i) include processing activities in Annex VIII of Commission Regulation No 1580/2007 and to (ii) exclude preparation, packaging and post-processing activities from the value of marketed production of products intended to be processed, the contested measure breaches the Single CMO Regulation, in so far as the latter establishes that the provisions on producer organisations, namely the granting of aid, shall apply only to products covered by the common market organisation for fruit and vegetables.

| | Secondly, ther applicant alleges that the contested measure breaches the principle of non-discrimination; by granting to producer organisations aid that covers industrial operations also carried out by private industries, the contested measure breaches the principle of non-discrimination which prohibits treating comparable situations differently, unless such treatment is objectively justified. |
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Secondly, ther applicant alleges that the contested measure breaches the principle of non-discrimination; by granting to producer organisations aid that covers industrial operations also carried out by private industries, the contested measure breaches the principle of non-discrimination which prohibits treating comparable situations differently, unless such treatment is objectively justified.

| | Finally, the applicant alleges that the contested measure breaches the principle of proportionality; by granting to producer organisations aid that covers industrial operations also carried out by private industries, the contested measure breaches the principle of proportionality in so far as it exceeds what would be necessary to achieve a hypothetical objective of the Common Agricultural Policy related to the vertical integration of producer organisations. |
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Finally, the applicant alleges that the contested measure breaches the principle of proportionality; by granting to producer organisations aid that covers industrial operations also carried out by private industries, the contested measure breaches the principle of proportionality in so far as it exceeds what would be necessary to achieve a hypothetical objective of the Common Agricultural Policy related to the vertical integration of producer organisations.

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(1)  Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules of Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (OJ 2007 L 350, p. 1).

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(2)  Commission Regulation (EU) No 687/2010 of 30 July 2010 amending Regulation (EC) No 1580/2007 laying down implementing rules of Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (OJ 2010 L 199, p. 12).

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