# C_2015065EN.01004401.xml

| 23.2.2015 | EN | Official Journal of the European Union | C 65/44 |
| --- | --- | --- | --- |

23.2.2015

EN

Official Journal of the European Union

C 65/44

---

Action brought on 20 December 2014 — Pollo Delta di Scabin Giancarlo e C. v Commission

(Case T-821/14)

(2015/C 065/60)

Language of the case: Italian

Parties

Parties

Applicant: Pollo Delta di Scabin Giancarlo e C. Snc (Porto Viro, Italy) (represented by: V. Migliorini, lawyer)

Applicant:

Defendant: European Commission

Defendant:

Form of order sought

Form of order sought

The applicant claims that the Court should:

| — | declare null and void and in any event annul: (i) the letter Ref. SM/FUN S/2622874 of 28 July 2014 (sent by Jerzy Plewa, European Commission Director-General for Agriculture and Rural Development, to Felice Assenza, Italian Ministry of Agriculture and Forestry Director-General for International Policy and the European Union), of which the applicant became aware as a result of access to documents on 19 November 2014, in so far as that letter rejects Italy’s application regarding Support Measures 6 to 9 requested under Article 220 of Regulation (EU) No 1308/2013, particularly those relating to abattoirs for the killing of animals pursuant to health measures designed to prevent the spread of avian flu and those relating to the resulting damage to businesses; (ii) Commission Implementing Regulation (EU) No 1071/2014 of 10 October 2014 on exceptional support measures for the eggs and poultrymeat sectors in Italy, published in the Official Journal of the European Union on 11 October 2014, in so far as it excludes from the support measures adopted under Article 220 of Regulation (EU) No 1308/2013 abattoirs for the killing of animals pursuant to health measures designed to prevent the spread of avian flu and the resulting damage to businesses; |
| --- | --- |

—

declare null and void and in any event annul: (i) the letter Ref. SM/FUN S/2622874 of 28 July 2014 (sent by Jerzy Plewa, European Commission Director-General for Agriculture and Rural Development, to Felice Assenza, Italian Ministry of Agriculture and Forestry Director-General for International Policy and the European Union), of which the applicant became aware as a result of access to documents on 19 November 2014, in so far as that letter rejects Italy’s application regarding Support Measures 6 to 9 requested under Article 220 of Regulation (EU) No 1308/2013, particularly those relating to abattoirs for the killing of animals pursuant to health measures designed to prevent the spread of avian flu and those relating to the resulting damage to businesses; (ii) Commission Implementing Regulation (EU) No 1071/2014 of 10 October 2014 on exceptional support measures for the eggs and poultrymeat sectors in Italy, published in the Official Journal of the European Union on 11 October 2014, in so far as it excludes from the support measures adopted under Article 220 of Regulation (EU) No 1308/2013 abattoirs for the killing of animals pursuant to health measures designed to prevent the spread of avian flu and the resulting damage to businesses;

| — | order the Commission to pay the costs. |
| --- | --- |

—

order the Commission to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

The pleas in law and main arguments are the same as those raised in Case T-820/14 Delta Group agroalimentare v Commission.

Delta Group agroalimentare

Commission

---