Case T-395/06: Action brought on 14 December 2006 — Italy v Commission
Date: 2007-02-24
Institutions: Court of First Instance
Subjects: EU Member State, European Commission, Italy, action for annulment (EU), advance payment, exchange of information, structural expenditure

C 42/32

EN

Official Journal of the European Union

24.2.2007

Action brought on 11 December 2006 — Italy v Commis-
sion

Action brought on 14 December 2006 — Italy v Commis-
sion

(Case T-394/06)

(2007/C 42/55)

Language of the case: Italian

(Case T-395/06)

(2007/C 42/56)

Language of the case: Italian

Parties

Parties

Applicant: Italian Republic (represented by: G. Aiello, Avvocato
dello Stato)

Defendant: Commission of the European Communities

Applicant: Italian Republic (represented by: P. Gentili, lawyer)

Defendant: Commission of the European Communities

Forms of order sought

Form of order sought

— Annul

the Commission's decision C (2006) 4324 of 3
October 2006, notified on the same date,
in so far as it
excludes from Community financing, and charges to the
budget of the Italian Republic the financial consequences to
be applied in the context of the clearance of expenditure
financed by the European Agricultural Guidance and Guar-
antee Fund, Guarantee Section, cases of irregularity by a
number of operators.

Pleas in law and main arguments

In the present action, the Italian Republic contests the exclusion
from Community financing, and the consequent charging to the
budget of the Italian State, the financial consequences relating to
157
of
EUR 310 849 495,98, in relation to which the applicant failed
to take steps with all due diligence by instigating the recovery
procedure.

irregularities

amount

cases

total

the

of

in

In support of its claims, the applicant disputes that there is any
negligence that can be attributed to it and claims:

— Infringement and/or misapplication of Article 5(2) of
Council Regulation (EEC) No 595/91 of 4 March 1991
concerning irregularities and the recovery of sums wrongly
paid in connection with the financing of the common agri-
cultural policy and the organization of an information
system in this field and repealing Regulation (EEC) No
283/72 (1).

— Infringement and/or misapplication of Article 8(1)(c) of
Regulation (EEC) No 729/70 of the Council of 21 April
common agricultural
1970 on the
policy (2), and Council Regulation (EC) No 1258/1999 of 17
May 1999 on the financing of the common agricultural
policy (3).

financing of

the

(1) OJ L 67, 14.3.1999. p. 11.
(2) OJ English Special Edition 1970 (I), p. 218.
(3) OJ L 160, 26.6.1999, p. 103.

— Annul memorandum No 9433 of 4.10.2006 of the Euro-
pean Commission, Directorate General for Regional Policy
— Programmes and projects in Cyprus, Greece, Hungary,
Italy, Malta and the Netherlands — concerning payments by
the Commission which differ from the amount requested.
Ref. Programma DOCUP Piemonte (No CCI 2000 IT 162
DO 007);

— annul memorandum No 10841 of 14.11.2006 of the Euro-
pean Commission, Directorate General for Regional Policy
— Programmes and projects in Cyprus, Greece, Hungary,
Italy, Malta and the Netherlands — concerning certification
of the intermediate statement of expenses and claim for
payment. DOCUP Veneto Ob. 2 2000-2006 (No CCI 2000
IT 162 DO 005)

— annul memorandum No 10853 of 14.11.2006 of the Euro-
pean Commission, Directorate General for Regional Policy
— Programmes and projects in Cyprus, Greece, Hungary,
Italy, Malta and the Netherlands — concerning payments by
the Commission which differ from the amount requested.
Ref. Programma POR Puglia (No CCI 1999 IT 161 PO 009)

— annul memorandum No 10929 of 15.11.2006 of the Euro-
pean Commission, Directorate General for Regional Policy
— Programmes and projects in Cyprus, Greece, Hungary,
Italy, Malta and the Netherlands — concerning payments by
the Commission which differ from the amount requested.
Ref. Programma DOCUP Toscana Ob. 2 (No CCI 2000 IT
162 DO 001)

— annul memorandum No 10930 of 15.11.2006 of the Euro-
pean Commission, Directorate General for Regional Policy
— Programmes and projects in Cyprus, Greece, Hungary,
Italy, Malta and the Netherlands — concerning payments by
the Commission which differ from the amount requested.
Ref. POR Campania 2000-2006 (No CCI 1999 IT 161 PO
007)

— annul memorandum No 11019 of 17.11.2006 of the Euro-
pean Commission, Directorate General for Regional Policy
— Programmes and projects on Cyprus, in Greece, Hungary,
Italy, Malta and the Netherlands — concerning payments by
the Commission different from the amount requested. Ref.
Programma POR Sardegna 2000-2006 (No CCI 1999 IT
161 PO 010)

— annul all related and prior acts and, consequently, order the
Commission of the European Communities to pay the costs.

24.2.2007

EN

Official Journal of the European Union

C 42/33

Pleas in law and main arguments

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

(1) OJ C 262 of 23.10.04, p. 55.

Action brought on 16 December 2006 — DOW AgroS-
ciences v EFSA

(Case T-397/06)

(2007/C 42/58)

Language of the case: English

Action brought on 21 December 2006 — Commission v
TGA Technische Gebäudeausrüstung Chemnitz

Applicant: DOW AgroSciences Ltd (Hitchin, United Kingdom)
(represented by: K. Van Maldegem and C. Mereu, lawyers)

Parties

(Case T-396/06)

(2007/C 42/57)

Language of the case: German

Parties

Applicant: Commission of the European Communities (repre-
sented by: M. Šimerdová, R.Bierwagen (lawyer))

Defendant: TGA Technische Gebäudeausrüstung Chemnitz
GmbH

Form of order sought

— order

the

defendant

to

reimburse

the

EUR 32,440.80 plus 4 % interest with effect
30 November 1999;

applicant
from

— order the defendant to pay the costs.

Pleas in law and main arguments

The applicant concluded an agreement on Community activities
in the field of non-nuclear energy (1994 — 1998) (1), in which
it was agreed that the Court of First Instance would have juris-
diction over disputes connected with this agreement. The
subject of the project was the construction and commissioning,
on a trial basis, of a leather drying plant.

The Commission terminated this agreement by letter of
18 February 1999, on the ground that no proper final report
was submitted to it. The applicant submits, in this connection,
that the statements of accounts presented to it by the defendant
subsequently were only partially approved because a number of
documents were missing. The remaining amount has been
demanded by the applicant on several occasions and is the
subject of the present action.

Defendant: European Food Safety Authority (EFSA)

Form of order sought

— Order the annulment of EFSA Conclusion titled ‘Conclusion
regarding the peer review of the pesticide risk assessment of the
active substance Haloxyfop-R’;

— order the defendant to compensate the applicant for the
damages incurred as a result of the contested measure, and
in the meantime, to hold at this stage by interlocutory state-
ment that the defendant is obliged to compensate the appli-
cant for the damages they incurred and to reserve the fixing
of
the amount of compensation either by agreement
between the parties or by the Court in the absence of such
an agreement;

— order the defendant to pay all the costs and expenses in

these proceedings.

Pleas in law and main arguments

The pleas in law and main arguments relied on by the applicant
are similar to those relied on in Case T-311/06 FMC Chemical
and Arysta Lifesciences v EFSA.

Action brought on 15 December 2006 — Unicredito
Italiano SpA v OHIM — Union Investment Privatfonds
(1 Unicredit)

(Case T-398/06)

(2007/C 42/59)

Language in which the application was lodged: Italian

(1) Council Decision 94/806/EC of 23 November 1994 adopting a
specific programme for research and technological development,
including demonstration, in the field of non-nuclear energy (1994 to
1998) (OJ 1998 L 334, p. 87).

Parties

Applicant: Unicredito Italiano SpA (Genoa, Italy) (represented by:
G. Floridia and R. Floridia, lawyers)