Case T-403/04: Action brought on 1 October 2004 by Sumitomo Chemical (UK) PLC against the Commission of the European Communities
Date: 2004-10-01
Institutions: Court of First Instance
Subjects: European Commission, United Kingdom, action for failure to act, application of EU law, chemical industry, data protection, environmental protection, marketing standard

22.1.2005

EN

Official Journal of the European Union

C 19/29

Action brought on 1 October 2004 by Sumitomo
Chemical (UK) PLC against the Commission of the Euro-
pean Communities

European Communities on 1 October 2004 by Troy Chemical
Company BV, Maassluis, the Netherlands, represented by K.
Van Maldegem and C. Mereu, lawyers.

(Case T-403/04)

(2005/C 19/61)

(Language of the case: English)

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 1 October 2004 by Sumitomo
Chemical (UK) PLC, London, (United Kingdom), represented by
K. Van Maldegem and C. Mereu, lawyers.

The applicant claims that the Court should:

The applicant claims that the Court should:

— Order the defendant to respond to the applicant's request;

— Or, in the alternative, order the annulment of the European

Commission's act D 341571(04);

— Order the defendant to compensate the applicant in the
provisional amount of 1 euro for damages suffered as a
result of the defendant's failure to comply with its obliga-
tions under Community law by failing to respond to the
applicant, or, in the alternative, as a result of the European
Commission's act D 341571(04), as well as any applicable
interests, pending the exact calculation and determination
of the exact amount;

— Order the defendant to pay all costs and expenses in these

— Order the defendant to respond to the applicant's request;

proceedings.

— Or, in the alternative, order the annulment of the European

Commission's act D 341571(04);

Pleas in law and main arguments

— Order the defendant to compensate the applicant in the
provisional amount of 1 euro for damages suffered as a
result of the defendant's failure to comply with its obliga-
tions under Community law by failing to respond to the
applicant, or, in the alternative, as a result of the European
Commission's act D 341571(04), as well as any applicable
interests, pending the exact calculation and determination
of the exact amount;

— Order the defendant to pay all costs and expenses in these

proceedings.

Pleas in law and main arguments

The pleas in law invoked are similar to those invoked in Case
T-400/04, Arch Chemicals and Arch Timber Protection/
Commission.

Action brought on 1 October 2004 by Troy Chemical
Company BV against the Commission of the European
Communities

(Case T-404/04)

(2005/C 19/62)

(Language of the case: English)

The pleas in law invoked are similar to those invoked in Case
T-400/04, Arch Chemicals and Arch Timber Protection/
Commission.

Action brought on 4 October 2004 by the Italian Republic
against the Commission of the European Communities

(Case T-410/04)

(2005/C 19/63)

(Language of the case: Italian)

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 4 October 2004 by the Italian
Republic, represented by Danilo Del Gaizo, Avvocato dello
Stato.

The applicant claims that the Court should:

— declare the contested decision void ab initio;

— in the alternative, declare the contested decision void ab
initio in so far as it reduces the Italian Republic's total allo-
cation for the years 2000 to 2006 on the basis of Decision
1999/659, as amended by Decision 2000/426;

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the

— order the Commission to pay the costs.