Case T-446/04: Action brought on 9 November 2004 by the CO-FRUTTA Soc. coop. a r.l. against the Commission of the European Communities
Date: 2005-01-22
Institutions: Court of First Instance
Subjects: European Commission, access to EU information, action for annulment (EU), import, tropical fruit

C 19/32

EN

Official Journal of the European Union

22.1.2005

Action brought on 5 November 2004 by the Italian
the European
Republic

the Commission of

against

Communities

(Case T-443/04)

(2005/C 19/66)

(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 5 November 2004 by the Italian
Republic, represented by Antonio Cingolo, Avvocato dello
Stato.

The applicant claims that the Court should:

— annul

the European Commission's memoranda of 27
August 2004 (DOCUP Abruzzo), 3 September 2004
(DOCUP Lazio), 15 September 2004 (POR Molise), 17
September 2004 (PON Sviluppo Imprenditoriale Locale
(local business development)), 17 September 2004 (DOCUP
Veneto), 20 September 2004 (POR Calabria) and 22
September 2004 (DOCUP Liguria), all of which make the
the procedures for the payment of
implementation of
advances under the aid schemes subject
to obligations
which are not laid down in the relevant rules, with the
effect of unlawfully restricting the admissibility of the oper-
ating costs of the Structural Funds to which they relate;

— order the defendant to pay the costs.

Pleas in law and main arguments:

The pleas in law and main arguments are those put forward in
Case T-345/04 Italian Republic v Commission (1).

European Communities on 9 November 2004 by CO-FRUTTA
Soc. coop. a r.l., represented by Wilma Viscardini and Gabriele
Donà.

The applicant claims that the Court should:

the Secretary General of

— annul, pursuant to Article 230 EC, the decision contained
in the letter of
the European
Commission dated 10 August 2004 (SG/B/2/MM/tf D
(2004) 7079), substantially rejecting the confirmatory appli-
cation – submitted by Co-Frutta by letter of 3 May 2004 –
for access to the documents containing data for 1998,
1999 and 2000 relating to operators registered in the Com-
munity to import bananas (WTO – bananas);

— order the Commission of the European Communities to

pay the costs.

Pleas in law and main arguments:

In support of its complaints, the applicant submits that the
Commission could no longer adopt
the contested decision
given that an (implied) decision rejecting the confirmatory
application had already been taken by reason of the absence of
a reply.

Furthermore,
the applicant puts forwards other arguments
largely the same as those in the action brought in Case T-355/
04 (OJ C 262 of 23 October 2004).

(1) OJ C 262 of 23.10.2004, p. 55.

Action for failure to act brought on 18 November 2004 by
Mediocurso – Estabelecimento de Ensino Particular S.A.
against the Commission of the European Communities

Action brought on 9 November 2004 by the CO-FRUTTA
Soc. coop. a r.l. against the Commission of the European
Communities

(Case T-446/04)

(2005/C 19/67)

(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

(Case T-451/04)

(2005/C 19/68)

(Language of the case: Portuguese)

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 18 November 2004 by Mediocurso
– Estabelecimento de Ensino Particular S.A., established in
Lisbon (Portugal), represented by Carlos Botelho Moniz and
Eduardo Maia Cadete, lawyers, with an address for service in
Lisbon.