Case T-297/04: Action brought on 22 July 2004 by Cristóbal Gallego Martínez, Benito García Burgos and Antonio Parras Rosa against Council of the European Union
Date: 2004-10-09
Institutions: Court of First Instance
Subjects: Council of the European Union, aid system, appeal to the Court (EU), marketing year, olive oil, production aid, support policy

9.10.2004

EN

Official Journal of the European Union

C 251/27

The applicants claim that the Court should:

— annul that part of the challenged decision in which the
subsidies for public service obligations paid to Caremar,
Toremar, Siremar and Saremar are regarded as State aid;

— in the alternative, annul that part of the challenged decision
in which the subsidies for public service obligations paid to
Caremar, Toremar, Siremar and Saremar are classified as
new aid, and not as existing aid;

— order the Commission to pay the costs.

Pleas in law and main arguments:

The pleas in law and main arguments are similar to those relied
on in Case T-265/04 Adriatica di Navigazione and Others v
Commission (1).

(1) Not yet published in the Official Journal.

Action brought on 22 July 2004 by Centro Provincial de
Jóvenes Agricultores de Jaén against Council of the Euro-
pean Union

(Case T-295/04)

(2004/C 251/49)

mere fact, suffer serious economic harm and thus be discrimi-
nated against.

Finally, the applicant alleges misuse of powers.

Action brought on 22 July 2004 by Cristóbal Gallego
Martínez, Benito García Burgos and Antonio Parras Rosa
against Council of the European Union

(Case T-297/04)

(2004/C 251/50)

(Language of the case: Spanish)

An action against the Council of the European Union was
brought before the Court of First Instance of the European
Communities on 22 July 2004 by Cristóbal Gallego Martínez,
Benito García Burgos and Antonio Parras Rosa, residing in Jaen
(Spain), represented by José Francisco Vázquez Medina, of the
Jaen Bar.

The applicant claims that the Court should:

— annul ipso jure Article 1(7) of Council Regulation (EC) No

864/04

— reserve its decision on costs.

(Language of the case: Spanish)

Pleas in law and main arguments

An action against Council of the European Union was brought
before the Court of First Instance of the European Communities
on 22 July 2004 by Centro Provincial de Jóvenes Agricultores
de Jaén, established in Jaen (Spain), represented by José Fran-
cisco Vázquez Medina, of the Jaen Bar.

The applicant claims that the Court should:

— annul ipso jure Article 1(7) of Council Regulation (EC) No

864/04

— reserve its decision on costs.

Pleas in law and main arguments

The applicant
is contesting the abovementioned provision
insofar as it includes, exclusively in respect of olive oil, the
1999/2000 marketing year together with the other 3 planned
for the remaining agricultural sectors (2000/2001, 2001/2002
and 2002/2003), for the determination of the direct support to
be provided for producers.

In support of its claims, the applicant maintains that not only
is there an inadequate statement of reasons for the contested
provision, contrary to the duty to provide reasons,
it also
discriminates against certain regions and many farmers in view
of the fact that in the 1999/2000 marketing year the harvest
was very poor in Andalusia, particularly in Jaen. Thus, by calcu-
lating the assistance to be provided by taking into account the
aforementioned marketing year, olive oil producers in Jaen,
together with others in Cordoba and Granada, will, by that

The pleas in law and main arguments are identical with those
put forward in Case T-295/04.

Action brought on 22 July 2004 by the Italian Republic
against the Commission of the European Communities

(Case T-304/04)

(2004/C 251/51)

(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 22 July 2004 by the Italian
Republic,
represented by Antonio Cingolo, avvocato dello
Stato.

The applicant claims that the Court should:

— annul Commission Decision C(2004) 1812 final of 19 May
2004 declaring unlawful aid granted by Italy (under Law
No 394 of 1981) in the form of interest relief to WAM
SpA of EUR 103 313.20 from 24 April 1996 and
EUR 106 366.60 from 9 November 2000 (State aid No C
4/2003/(ex NN 102/2002), with order for recovery;