Case T-334/02: Action brought on 28 October 2002 by the company Tipopiitiria Thivas A.E. — Viomikhania Siskevasias Tipopiisis kai Sintirisis Agrotikon Proïonton against the Commission of the European Communities
Date: 2003-02-08
Institutions: Court of First Instance
Subjects: European Commission, Greece, action for annulment (EU), balance of payments assistance, infringement of EU law, public limited company

8.2.2003

EN

Official Journal of the European Union

C 31/17

and territories of sugar sector products with EC/OCT cumu-
lation of origin (OJ 2000 L 246, p. 64) and secondly for
damages — the Court of First Instance (Third Chamber),
composed of M. Jaeger, President, K. Lenaerts and J. Azizi,
Judges; J. Plingers, Administrator, for the Registrar, has given a
judgment on 14 November 2002, in which it:

1. Orders that Cases T-332/00 and T-350/00 be joined for the

purposes of the judgment;

2. Dismisses the applications;

3. Orders each of the applicants to bear its own costs, and pay
those incurred by the Commission in the case it has brought,
including, in the case of the applicant in Case T-350/00, those
incurred by it in the proceedings for interim relief;

4. Orders the interveners to bear their own costs.

( 1) OJ C 4 of 6.1.01 and C 45 of 10.2.01.

Pleas in law and main arguments

The applicant, a public limited company whose seat
is
in Athens, has as its business the production, packaging,
standardisation and preservation of, and trade in, agricultural
products. It was founded pursuant to an improvement plan
drawn up under Regulations (EEC) No 355/77 and No 866/90
for co-financing by the European Community and the Greek
State.

The applicant submits that,
following the adoption of a
measure relating to the market by the Greek authorities, it was
reduced to an extremely poor financial position and its
operation became problematic.

By its application, it accuses the Commission of inaction and
delaying tactics since, notwithstanding the applicant’s repeated
requests and its approaches to various Community authorities,
the Commission failed:

— to abolish the Community financial assistance under

Article 23 of Regulation No 4253/88 (1);

— to initiate, against the Hellenic Republic, the procedure
under Article 226 EC for breach of Community law.

Action brought on 28 October 2002 by the company
Tipopiitiria Thivas A.E. — Viomikhania Siskevasias Tipo-
piisis kai Sintirisis Agrotikon Proïonton against the Com-
mission of the European Communities

In this connection, the applicant submits that the Commission
infringed Regulation No 4253/88, exceeded the limits of
its discretion and offended against the principle of equal
treatment.

(Case T-334/02)

(2003/C 31/25)

(Language of the Case: Greek)

(1) Council Regulation (EEC) No 4253/88 of 19 December 1988,
laying down provisions for
implementing Regulation (EEC)
No 2052/88 as regards coordination of the activities of the
different Structural Funds between themselves and with the
operations of
the European Investment Bank and the other
existing financial instruments (OJ No L 374, 31.12.1998, p. 1).

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 28 October 2002 by the company
Tipopiitiria Thivas A.E. — Viomikhania Siskevasias Tipopiisis
kai Sintirisis Agrotikon Proïonton, whose seat is in Athens
(Greece), represented by Ioannis Stamoulis, of the Athens Bar,
with an address for service in Luxembourg.

The applicant claims that the Court should:

— allow the present application challenging the failure
of the European Commission to abolish Community
assistance;

— declare that the European Commission has unlawfully
failed to abolish the Community financial assistance;

— order the European Commission to pay the costs.

Action brought on 21 November 2002 by Air One S.p.A.
against the Commission of the European Communities

(Case T-344/02)

(2003/C 31/26)

(Language of the case: Italian)

An action was brought before the Court of First Instance of
the European Communities on 21 November 2002 by the
abovementioned applicant, represented by G. Belotti, against
the Commission of the European Communities.