Case T-300/05: Action brought on 21 July 2005 — Republic of Cyprus v Commission
Date: 2005-10-29
Institutions: Court of First Instance
Subjects: Cyprus, European Commission, action for annulment (EU), agricultural trade, common organisation of markets, sugar, transitional period (EU)

29.10.2005

EN

Official Journal of the European Union

C 271/19

COURT OF FIRST INSTANCE

Communication

(2005/C 271/37)

On 6 October 2005, Mr Hans Jung, Registrar of the Court of
First Instance, left office and Mr Emmanuel Coulon, appointed
Registrar of the Court of First Instance by decision of that
Court of 5 July 2005 taken pursuant to the fourth paragraph
of Article 224 of the EC Treaty, the fourth paragraph of Article
14 of the EAEC Treaty, and Articles 20 and 7(3) of the Rules
of Procedure of the Court of First Instance, took the oath and
assumed office for a period of six years up to 5 October 2011.

Action brought on 21 July 2005 — Republic of Cyprus v
Commission

(Case T-300/05)

(2005/C 271/38)

Language of the case: Greek

adoption of measures beneficial to the new Member States is
permitted. In the applicant's submission, however, the measures
adopted by the new regulation do not benefit the new Member
States but, on the contrary, are a burden to them.

In the same context, the applicant pleads that the reasons
stated are inadequate, because it is not explained in a satisfac-
tory manner what grounds led to the adoption of the contested
regulation. The applicant further pleads breach of the principle
of proportionality inasmuch as, in its view, the Commission
has not demonstrated that the adoption of any measure at all
was necessary while, in any event, the Commission could have
adopted other measures to avoid the creation of sugar surpluses
in the new Member States without having to adopt measures
such as those contained in the contested regulation.

In addition, the applicant submits that the contested regulation
infringes the principle prohibiting retroactive legislation, since
it imposes obligations which relate to quantities which had
already accumulated before its entry into force.

that

submits

the applicant

Finally,
the Commission has
infringed the principle of equal treatment and the prohibition
of discrimination because, it maintains, the contested regulation
provides for different treatment between undertakings of the
new Member States and those of the old Member States in rela-
tion to the consequences of a similar, if not identical, situation.

Parties

Applicant(s): Republic of Cyprus (represented by: Petros Kliridis)

Defendant(s): Commission of the European Communities

(1) Commission Regulation (EC) No 651/2005 of 28 April 2005
amending Regulation (EC) No 60/2004 laying down transitional
measures in the sugar sector by reason of the accession of the
Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta,
Poland, Slovenia and Slovakia (OJ No L 108, 29.4.2005, p. 3).

(2) OJ No L 9, 15.1.2004, p. 8.

Form of order sought

The applicant(s) claim(s) that the Court should:

— annul Regulation No 651/2005; (1)

— order the Commission to pay the costs.

Pleas in law and main arguments

The contested regulation amends Regulation No 60/2004 (2)
laying down transitional measures in the sugar sector by reason
of the accession of the new Member States. The applicant seeks
its annulment, pleading first of all that the Commission lacked
the power to adopt it. Specifically, the applicant submits that,
under Article 41 of the 2003 Act of Accession, the Commis-
transitional measures if such
sion is empowered to adopt
measures are necessary to facilitate the transition from the
regime which applied before the accession of the new Member
States to the regime resulting from the application of
the
in the applicant's
common agricultural policy. However,
the
establish that
the Commission did not
submission,
measures which it adopted were necessary and therefore it
lacked the power to adopt them. The applicant also pleads that
Article 41 of the Act of Accession clearly implies that only the

Action brought on 2 August 2005 — Philippe Guigard v
Commission of the European Communities

(Case T-301/05)

(2005/C 271/39)

Language of the case: French

Parties

Applicant(s): Philippe Guigard (Paris, France) (represented by: S.
Rodrigues and A. Jaume, lawyers)

Defendant(s): Commission of the European Communities