# C_2007211EN.01004201.xml

| 8.9.2007 | EN | Official Journal of the European Union | C 211/42 |
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8.9.2007

EN

Official Journal of the European Union

C 211/42

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Action brought on 11 July 2007 — Ristic and Others v Commission

(Case T-238/07)

(2007/C 211/79)

Language of the case: German

Parties

Applicants: Ristic AG (Burgthann, Germany), Piratic Meeresfrüchte Import GmbH (Burgthann, Germany), Prime Catch Seafood GmbH (Burgthann, Germany) and Rainbow Export Processing SA (San José, Costa Rica) (represented by: H. Schmidt, lawyer)

Applicants:

Defendant: Commission of the European Communities

Defendant:

Form of order sought

| — | declare Commission Decision of 16 May 2007 (2007/362/EC) void pursuant to the first paragraph of Article 231 EC, to the extent that it amended Decision 2004/432/EC to the effect that, in the annex to that decision Costa Rica is no longer listed with its ISO-2-Code in the first column, its name in the second column and an ‘X’ in the eighth column to indicate that in accordance with Decision 2004/432/EC animals from aquaculture and products of animal origin from aquaculture may be imported from Costa Rica into the European Union; |
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declare Commission Decision of 16 May 2007 (2007/362/EC) void pursuant to the first paragraph of Article 231 EC, to the extent that it amended Decision 2004/432/EC to the effect that, in the annex to that decision Costa Rica is no longer listed with its ISO-2-Code in the first column, its name in the second column and an ‘X’ in the eighth column to indicate that in accordance with Decision 2004/432/EC animals from aquaculture and products of animal origin from aquaculture may be imported from Costa Rica into the European Union;

| — | hold accordingly that reason that the European Community is obliged to compensate the applicants for the damage caused to them as a result of the Commission's decision; |
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hold accordingly that reason that the European Community is obliged to compensate the applicants for the damage caused to them as a result of the Commission's decision;

| — | order the Commission to pay the applicant's necessary costs in accordance with Article 87(2) of the Rules of Procedure of the Court of First Instance. |
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order the Commission to pay the applicant's necessary costs in accordance with Article 87(2) of the Rules of Procedure of the Court of First Instance.

Pleas in law and main arguments

The applicants contest Commission Decision 2007/362/EC (1), because Costa Rica was deleted by that decision from the list of third countries of which the residue monitoring plans were approved in respect of animals from aquaculture and products of animal origin from aquaculture.

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The applicants are undertakings which are engaged in particular in the processing and marketing of shrimps from aquaculture in Costa Rica and Equador. They claim that the contested decision is of both direct and individual concern to them within the meaning of the fourth paragraph of Article 230 EC.

In support of their action the applicants claim in particular that the contested decision is unlawful because it infringes the principle of proportionality. They also complain of infringement of the right to a fair hearing and misuse of powers by the defendant.

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(1)  2007/362/EC: Commission Decision of 16 May 2007 amending Decision 2004/432/EC on the approval of residue monitoring plans submitted by third countries in accordance with Council Directive 96/23/EC (notified under document number C(2007) 2088) (OJ 2007 L 138, p. 18).

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