Case T-252/03: Action brought on 7 July 2003 by Fédération Nationale de l'Industrie et des Commerces en Gros des Viandes (FNICGV) against Commission of the European Communities
Date: 2003-09-06
Institutions: Court of First Instance
Subjects: European Commission, France, action for annulment (EU), beef, cattle, import restriction, infringement of EU law, minimum price

C 213/40

EN

Official Journal of the European Union

6.9.2003

Action brought on 7 July 2003 by Fédération Nationale
de l’Industrie et des Commerces en Gros des Viandes
(FNICGV) against Commission of the European Communi-
ties

processors agreed on a temporary ban on imports and the
application of a fair schedule of purchase prices, in exchange
for lifting the blockades on abattoirs.

(Case T-252/03)

(2003/C 213/78)

(Language of the case: French)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 7 July 2003 by the Fédération
Nationale de l’Industrie et des Commerces en Gros des Viandes
(FNICGV), whose registered office is in Paris, represented
lawyer, with an address for service in
by Pierre Abegg,
Luxembourg.

The applicant claims that the Court should:

primarily:

— annul the fine imposed by the Commission in its decision

of 2 April 2003;

in the alternative:

— significantly reduce the amount of the fine imposed by

the Commission in its decision of 2 April 2003;

in any event:

— order the European Commission to pay all the costs.

Pleas in law and main arguments

The applicant seeks annulment or reduction of
the fine
imposed on it by the Commission decision of 2 April 2003 in
Case COMP/C.38.279/F3 — French bovine meat, relating to
an infringement of Article 81(1) EC in the form of an
agreement intended to suspend imports of bovine meat into
France and to set a minimum price for certain categories of
beasts.

The applicant states that, during the second mad cow crisis,
certain cattle breeders encountered experienced an unpre-
cedented crisis in October 2001. In France, groups of breeders
blockaded abattoirs, mounted demonstrations and stopped
trucks to check the origin of the meat and destroy non-French
meat. Subsequently, at the prompting of the French Minister
for Agriculture, the federations representing breeders and

In support of its action, the applicant claims that there was an
absence of consent and an absence of freedom at the stage of
concluding the agreement, which in its submission constitutes
a ground for exempting it from liability for implementing the
agreement. It claims to have been under duress characterised
by threats and violence on the part of farmers against the
applicant’s members, failure on the part of the French public
authorities to take action to maintain order and strong pressure
on the part of the Minister for Agriculture. The applicant
further claims that it was unable to complain of the pressure
brought
to bear on its members, since the Minister for
Agriculture had initiated, encouraged and permitted the con-
clusion of the agreement. Last, the applicant states that it had
no economic interest in concluding the agreement.

Finally, the applicant claims that the fact that the Commission
acknowledged in the decision at issue that the applicant acted
under duress whilst ordering it to pay a fine means that the
statement of reasons in the decision is contradictory.

The applicant also pleads infringement of Article 15(2) of
Regulation No 17 (1) as regards reduction of the fine. The
applicant relies in that regard on infringement of the principle
of proportionality and of the obligation to state reasons. The
applicant points out that the amount of the fine is also liable
to impair freedom of trade union activity, since the applicant’s
budget no longer allows it to represent the interests of its
members.

(1) EEC Council: Regulation No 17: First Regulation implementing
Articles 85 and 86 of the Treaty (English Special Edition 1959-
1962, p. 87).

Action brought on 8 July 2003 by José Manuel López
Cejudo against Commission of the European Communi-
ties

(Case T-254/03)

(2003/C 213/79)

(Language of the case: French)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the