Case C-153/04 P: Appeal brought on 26 March 2004 (fax 23 March 2004) by Euroagri srl against the judgment delivered on 28 January 2004 by the Second Chamber of the Court of First Instance in Case T-180/01 between Euroagri srl and the Commission of the European Communities
Date: 2004-04-30
Institutions: Court of Justice
Subjects: EAGGF Guidance Section, European Commission, action for annulment (EU), balance of payments assistance, fruit-growing, suspension of aid

C 106/46

EN

Official Journal of the European Union

30.4.2004

Reference for a preliminary ruling by the Tribunal de
Police, Neufchâteau (Belgium) by judgment of that court of
16 January 2004 in the case Ministère public against Jean-
Pascal Durré

The applicant claims that the Court should:

— annul the judgment at first instance delivered by the Court
of First Instance of the European Communities in Case T-
180/01 and accordingly grant the forms of order sought by
the applicant company at first instance, cited and tran-
scribed in full here:

— on the merits: annul the contested decision;

— in the alternative: annul the contested decision in part and
reduce the assistance granted to the applicant in proportion
to the assistance actually provided;

— on the merits,

in the preparatory inquiries: order the
Commission to produce all the reports it sent to the appli-
cant on the Endovena project, order the examination of
witnesses and the personal appearance of the applicant
itself, and also the making of an expert's report and/or an
on-the-spot check;

— in addition, it reiterates in all the requests for preparatory
inquiries already put forward at first instance the irregular
form of the submissions of the Commission.

Pleas in law and main arguments:

The applicant maintains that the contested decision is unlawful
on the following grounds:

— failure to state reasons and infringement of the principle of

due process and the rights of the defence;

— infringement of Article 24 of Regulation No 4253/88 (obli-
gation to request the Member State to submit comments)

— infringement of Article 25 of Regulation No 4253/88 (obli-

gation to ensure monitoring)

— mistaken assessment of the alleged irregularities committed

by the applicant;

— infringement of the principle of proportionality.

(Case C-152/04)

(2004/C 106/79)

Reference has been made to the Court of Justice of the Euro-
pean Communities by judgment of the Tribunal de Police (local
criminal court), Neufchâteau (Belgium) of 16 January 2004,
which was received at the Court Registry on 25 March 2004,
for a preliminary ruling in the case of Ministère public against
Jean-Pascal Durré.

The Tribunal de Police, Neufchâteau (Belgium) asks the Court
of Justice to give a preliminary ruling on the following ques-
tion:

Do Articles 10, 39, 43 and 49 of the EEC Treaty preclude a
Member State from adopting a measure requiring a worker
who is resident within its territory to register his vehicle there
even when that vehicle belongs to his employer, a company
established in another Member State and to which that worker
is linked by an employment contract but in which at the same
time he occupies a the position of shareholder, director, day-to-
day manager or similar?

Appeal brought on 26 March 2004 (fax 23 March 2004) by
Euroagri srl against the judgment delivered on 28 January
2004 by the Second Chamber of
the Court of First
Instance in Case T-180/01 between Euroagri srl and the
Commission of the European Communities

(Case C-153/04 P)

(2004/C 106/80)

An appeal against the judgment of the Second Chamber of the
Court of First Instance of the European Communities of 28
January 2004 in Case T-180/01 between Euroagri srl and the
Commission of the European Communities was brought before
the Court of
the European Communities on 26
March 2004 by Euroagri srl, represented by W. Masucci,
lawyer.

Justice of