Case C-418/05 P: Appeal brought on  25 November 2005  by Centro Provincial de Jóvenes Agricultores de Jaén (ASAJA), Salvador Contreras Gila, José Ramiro López, Antonio Ramiro López, Cristobal Gallego Martínez, Benito García Burgos and Antonio Parras Rosa against the judgment of the Court of First Instance (Third Chamber) of  8 September 2005  in Joined Cases T-295/04 to T-297/04: Centro Provincial de Jóvenes Agricultores de Jaén (ASAJA), Salvador Contreras Gila, José Ramiro López, Antonio Ramiro López, Cristobal Gallego Martínez, Benito García Burgos and Antonio Parras Rosa v Council of the European Union
Date: 2006-02-25
Institutions: Court of Justice
Subjects: General Court (EU), aid to agriculture, appeal, farmers' income, marketing year, olive oil

C 48/12

EN

Official Journal of the European Union

25.2.2006

The appellants claim that the Court should:

1. set aside the judgment of the Court of First Instance of 21

September 2005 in Case T-306/01,

2. annul Regulation (EC) No 881/2002,

3. order the Council of the European Union and the Commis-
sion of the European Communities to pay the costs of the
actions before the Court of First Instance and the Court of
Justice.

Pleas in law and main arguments

The applicants submit that the Court of First Instance erred in
finding that the Council was competent to adopt Regulation
(EC) No 881/2002 on the basis of Articles 60 EC, 301 EC and
308 EC. In addition, they submit as follows:

The Court of First Instance erred in finding that Regulation (EC)
No 881/2002 fulfils the requirement under Article 249 EC that
it be of general application.

The Court of First Instance wrongly limited its assessment of
whether the applicants' fundamental rights had been infringed
by Regulation (EC) No 881/2002 merely to considering the
question whether the Security Council resolution is compatible
with the superior rules of international law falling within the
ambit of
Instance has not
assessed whether the regulation was valid in accordance with
Community law or whether the Security Council resolution
was implemented pursuant to Community law and national
laws.

jus cogens. The Court of First

The Court of First Instance erred in finding that neither the
applicants' rights of defence nor right
to an effective legal
remedy were infringed by Regulation (EC) No 881/2002.

04 to T-297/04: Centro Provincial de Jóvenes Agricultores de
Jaén (ASAJA), Salvador Contreras Gila,
José Ramiro López,
Antonio Ramiro López, Cristobal Gallego Martínez, Benito
García Burgos and Antonio Parras Rosa v Council of the Euro-
pean Union was brought before the Court of Justice of the
European Communities on 25 November 2005 by Centro
Provincial de Jóvenes Agricultores de Jaén (ASAJA), Salvador
Contreras Gila,
José Ramiro López, Antonio Ramiro López,
Cristobal Gallego Martínez, Benito García Burgos and Antonio
Parras Rosa, represented by J.F. Vásquez Medina, lawyer.

The appellants claim that the Court should:

(1) Annul the judgment of the Court of First Instance of 8
September 2005 in its entirety on the ground that
it
infringes Community law (Article 173 of the EEC Treaty;

(2) Grant in their entirety the forms of order sought at first
instance relating to the merits of the case in order to
comply with Community law;

(3) Order the respondent to pay the costs.

Pleas in law and main arguments

— Infringement of Article 173 of the EEC Treaty

The appellants claim to have locus standi to bring appeals since
they are clearly and entirely different
from other olive oil
producers by reason of the particular legal situation which
affects them.

All the appellants are owners of olive groves planted in 1998,
and all had an olive production of 0 Kg of olives in the 1999
marketing year. Those circumstances are particular to them and
distinguish them from the rest of the olive sector.

Appeal brought on 25 November 2005 by Centro Provin-
cial de Jóvenes Agricultores de Jaén (ASAJA), Salvador
Contreras Gila,
José Ramiro López, Antonio Ramiro
López, Cristobal Gallego Martínez, Benito García Burgos
and Antonio Parras Rosa against the judgment of the
Court of First Instance (Third Chamber) of 8 September
2005 in Joined Cases T-295/04 to T-297/04: Centro Provin-
cial de Jóvenes Agricultores de Jaén (ASAJA), Salvador
Contreras Gila,
José Ramiro López, Antonio Ramiro
López, Cristobal Gallego Martínez, Benito García Burgos
and Antonio Parras Rosa v Council of the European Union

(Case C-418/05 P)

(2006/C 48/24)

(Language of the case: Spanish)

An appeal against the judgment of the Court of First Instance
(Third Chamber) of 8 September 2005 in Joined Cases T-295/

Appeal brought on 28 November 2005 by Ricosmos B.V.
against the judgment delivered by the Court of First
Instance of the European Communities (First Chamber) on
13 September 2005 in Case T-53/02 Ricosmos v Commis-
sion of the European Communities

(Case C-420/05 P)

(2006/C 48/25)

(Language of the case: Dutch)

An appeal was brought before the Court of Justice of the Euro-
pean Communities on 28 November 2005 by Ricosmos B.V.,
represented by J.J.M. Hertoghs and J.H. Peek, of the law firm
Hertoghs Advocaten-Belastingkundigen, Parkstraat 8, (4818 SK)
Breda, Netherlands, against the judgment of the Court of First
Instance of
the European Communities (First Chamber) of
13 September 2005 in Case T-53/02 Ricosmos B.V. v Commis-
sion of the European Communities.