Case T-110/05: Action brought on 4 March 2005 by the Italian Republic against the Commission of the European Communities
Date: 2005-05-14
Institutions: Court of First Instance
Subjects: European Commission, Italy, action for annulment (EU), animal disease, common organisation of markets, market support, poultry farming

14.5.2005

EN

Official Journal of the European Union

C 115/31

The applicant claims that the Court should:

Pleas in law and main arguments

1. annul the applicant's May 2004 pension statement, so as to
apply a correction coefficient at the level of the capital of
her country of residence or, at least, a correction coefficient
which appropriately reflects the differences in the costs of
living in the place where the applicant is deemed to incur
her expenditure and therefore complying with the principle
of equivalence;

2. order the European Economic and Social Committee to pay

all the costs.

Pleas in law and main arguments

The pleas in law and arguments relied upon in this case are
similar to those invoked in Case T-35/05 Elisabeth Agne-Dapper
and Others v Commission.

Action brought on 4 March 2005 by the Italian Republic
against the Commission of the European Communities

(Case T-110/05)

(2005/C 115/56)

(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 March 2005 by the Italian
Republic, represented by Giacomo Aiello, Avvocato dello Stato.

Instance of

The Government of the Italian Republic has challenged before
the Court of First
the European Communities
Commission Regulation (EC) No 2102/2004 of 9 December
2004 on certain exceptional market support measures for eggs
in Italy, (1) insofar as it does not lay down exceptional measures
to support the market in poultrymeat within the meaning of
Article 14 of Regulation (EEC) No 2777/75 (2) with regard to
chicks destroyed owing to the fact that breeding is impossible
in areas affected by avian influenza and subject to veterinary
restrictions on circulation.

In support of its claims, the Italian Republic has pleaded:

1.

infringement of the principle of non-discrimination between
producers within the Community laid down in the second
paragraph of Article 34(2) EC since, exceptional market
support measures having been granted to Italy only in
respect of eggs, similar measures in respect of poultrymeat
were refused, resulting in discrimination against Italian bird
producers in relation to those in the Netherlands,
thus
infringing Article 34(2) of the EC Treaty;

2. misuse of powers and manifest error of assessment by the
Commission which, by refusing to adopt the exceptional
market support measures also in respect of one-day-old
chicks destroyed owing to the fact that they cannot breed,
exceeded the powers conferred on it by the basic regulation
on the common organisation of the market in poultrymeat
and committed an error in assessing the situation on the
Italian bird market and the data on the production structure
at its disposal;

3.

infringement and incorrect interpretation of Article 14 of
Regulation No 2777/75, since the Commission's unjustified
refusal to grant the exceptional market support measures in
respect of one-day-old chicks destroyed owing to the fact
that breeding is impossible is the result of misinterpretation
of Article 14 of Regulation No 2777/75.

The applicant claims that the Court should:

Finally, the applicant pleads infringement of the obligation to
give reasons for measures.

1. annul Commission Regulation (EC) No 2102/2004, insofar
as it does not lay down exceptional measures to support the
market in poultrymeat within the meaning of Article 14 of
Regulation (EEC) No 2777/75 with regard to chicks
destroyed owing to the fact that breeding is impossible in
areas affected by avian influenza and subject to veterinary
restrictions on circulation;

2. order the Commission to pay the costs.

(1) OJ L 365 of 10.12.2004, p. 10.
(2) OJ L 282 of 01.11.1975, p. 77.