Order — ECLI:EU:T:2012:396
Date: 2012-09-04
Language of the case: Portuguese
Court formation: Second Chamber
Subject matter: Agriculture and Fisheries;Sugar
Procedure: Action for annulment - unfounded;Action for annulment - inadmissible
Origin: Portugal

Action brought on 15 September 2008 - DAI v Commission (Case T-381/08) Language of the case: Portuguese Parties Applicant: DAI - Sociedade de Desenvolvimento Agro-Industrial, SA (Coruche, Portugal) (represented by: J. da Cruz Vilaça, L. Romão and A. Mestre, lawyers) Defendant: Commission of the European Communities Form of order sought A declaration that the action is admissible; a decision allowing the action and annulment in part of Commission Decision 2008/445/EC of 11 June 2008 fixing the amounts per Member State of retroactive restructuring aid for growers and undertakings having restructured in the 2006/07 and 2007/08 marketing years in the framework of the temporary scheme for the restructuring of the sugar industry of the Community (notified under document number C(2008) 2557), 1 in so far as it refers to the amount of restructuring aid allocated to Portugal to be paid to growers and undertakings having restructured in the 2006/07 and 2007/08 marketing years; an order that the Commission should pay the costs. Pleas in law and main arguments Infringement of Article 1(1)(c) of Regulation (EC) No 1261/2007 2 and of Article 16a of Regulation (EC) No 1264/2007. 3 Breach of the principles of equality, legal certainty and of the non-retroactive effect of laws. ____________ 1 - OJ 2008 L 156, p. 20. 2 - Council Regulation (EC) No 1261/2007 of 9 October 2007 amending Regulation (EC) No 320/2006 establishing a temporary scheme for the restructuring of the sugar industry in the Community. 3 - Commission Regulation (EC) No 1264/2007 of 26 October 2007 amending Regulation (EC) No 968/2006 laying down detailed rules for the implementation of Council Regulation (EC) No 320/2006 establishing a temporary scheme for the restructuring of the sugar industry in the Community.