Judgment of the Court of First Instance (First Chamber) of 2 October 2009 – Cyprus v Commission

(Joined Cases T-300/05 and T-316/05)

Agriculture – Common organisation of the markets – Transitional measures to be adopted by reason of the accession of new Member States – Regulation (EC) No 651/2005 laying down transitional measures in the sugar sector – Action for annulment – Period within which proceedings must be commenced – Point from which time starts to run – Delay – Amendment of a provision of a regulation – Reopening of the action against that provision and all provisions forming a body of rules with it – Inadmissibility – Regulation (EC) No 832/2005 on the determination of surplus quantities of sugar, isoglucose and fructose – Plea of illegality – Jurisdiction – Principle of non-discrimination – Legitimate expectations – Action for annulment – Proportionality – Statement of reasons – Non-retroactivity – Collegiality

1. Accession of new Member States to the Communities – 2003 Act of Accession – Agriculture – Common organisation of the markets – Transitional measures in the sugar sector (2003 Act of Accession, Art. 41, first para., and Annex IV, section 4; Commission Regulation No 60/2004) (see paras 52-61)

2. Accession of new Member States to the Communities – 2003 Act of Accession – Agriculture – Common organisation of the markets – Transitional measures in the sugar sector (2003 Act of Accession, Art. 41, first para., and Annex IV, section 4; Council Regulation No 1260/2001; Commission Regulation No 60/2004, Art. 7(2)) (see paras 63-75)

3. Accession of new Member States to the Communities – 2003 Act of Accession – Agriculture – Common organisation of the markets – Transitional measures in the sugar sector (2003 Act of Accession, Annex IV, section 4; Commission Regulation No 60/2004) (see paras 102-103)

4. Agriculture – Common agricultural policy – Implementation in the sugar sector – Discretion of the Commission (see paras 168-169)

5. Accession of new Member States to the Communities – 2003 Act of Accession – Agriculture – Common organisation of the markets – Transitional measures in the sugar sector (2003 Act of Accession, Annex IV, section 4(2); Commission Regulation No 60/2004, Art. 6(1)(c)) (see paras 179-183)

6. Acts of the institutions – Statement of reasons – Obligation – Scope – Account to be taken of the context and background (Art. 253 EC; 2003 Act of Accession; Commission Regulation No 832/2005) (see paras 187-189, 195-197)

7. Procedure – Intervention – Application designed to support the form of order sought by one of the parties, but developing a different line of argument – Admissibility – Freedom to choose the pleas raised – Scope (Statute of the Court of Justice, Art. 40, fourth para.; Rules of Procedure of the Court of First Instance, Art. 116(4)) (see paras 203-206)

8. Commission – Principle of collegiality – Implications – Use of a system of delegations of authority for the adoption of measures of management or administration (Arts 213 EC, 217(1) EC and 219 EC; Commission Regulation No 832/2005) (see paras 211-214, 224)

9. Actions for annulment – Time-limits – Claim barred by lapse of time – Concept – Minor amendment of provisions of a definite earlier measure – Included (Art. 230, fifth para., EC) (see paras 270-272)

Re:

In Case T‑300/05, application for annulment of Commission Regulation (EC) No 651/2005 of 28 April 2005 amending Regulation (EC) No 60/2004 laying down transitional measures in the sugar sector by reason of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia (OJ 2005 L 108, p. 3) and, in Case T‑316/05, application for annulment of Commission Regulation (EC) No 832/2005 of 31 May 2005 on the determination of surplus quantities of sugar, isoglucose and fructose for the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia (OJ 2005 L 138, p. 3).

Operative part

The Court:

1. Dismisses the actions;

2. Orders the Republic of Cyprus to bear its own costs and to pay those incurred by the Commission;