Case T-50/07: Action brought on 23 February 2007 — Portuguese Republic v Commission
Date: 2007-04-28
Institutions: Court of First Instance
Subjects: EAGGF Guarantee Section, EU financing, European Commission, Portugal, action for annulment (EU), aid per hectare, durum wheat

C 95/44

EN

Official Journal of the European Union

28.4.2007

Form of order sought

Defendant: Commission of the European Communities

— Annul Decision 2002/848/EC of 28 October 2002 imple-
menting Article 2(3) of Regulation (EC) No 2580/2001 and
repealing Decision 2002/460/EC, by which the Council
drew up an updated list of persons, groups and entities to
which that regulation applies, and all decisions adopted in
the meantime by the Council of the European Union in the
including Decision 2006/1008/EC of 21
meantime
in so far as
December 2006, which is currently in force,
they concern the applicant;

— declare all aforementioned decisions up to and including
Decision 2006/1008/EC of 21 December 2006 inapplicable
to the applicant;

— order the Council of the European Union to pay the appli-
cant damages for the harm suffered, the amount to be deter-
mined at the Court's discretion, but at least EUR 2 000;

— order the defendant to pay the costs.

Pleas in law and main arguments

its

application,

By
challenge Decision
2006/1008/EC (1) and all previous decisions since Decision
2002/848/EC (2),
in so far as he is expressly listed in the
contested legislation.

applicant

the

In support of his claim, the applicant alleges infringement of his
right to a fair hearing and his right to effective legal protection.
In addition, Decision 2006/1008/EC is unfounded and thus is
in breach of Article 253 EC.

(1) Council Decision 2006/1008/EC of 21 December 2006 imple-
menting Article 2(3) of Regulation (EC) No 2580/2001 on specific
restrictive measures directed against certain persons and entities with
a view to combating terrorism (OJ 2006 L 379, p. 123).

(2) Council Decision 2002/848/EC of 28 October 2002 implementing
Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive
measures directed against certain persons and entities with a view to
combating terrorism and repealing Decision 2002/460/EC (OJ 2002
L 295, p. 12).

Form of order sought

— Annulment of Commission Decision of 14 December 2006
excluding from Community financing certain expenditure
incurred by the Member States under the Guarantee Section
of the European Agricultural Guidance and Guarantee Fund
(EAGGF) (1),
in so far as it applies to Portugal a financial
correction of 5 % in aid for arable crops, in respect of the
additional payment
in the sum of
EUR 3 945 827,00, under the system created by Council
Regulation (EC) No 1251/1999 of 17 May 1999 estab-
lishing a support system for producers of certain arable
crops (2);

for durum wheat,

— as an ancillary matter, annulment of the decision in so far as
it excludes from Community financing expenditure incurred
by the Portuguese Republic before 16 December 2003, in
the sum of EUR 3 231 650,20;

— an order that the Commission of the European Commu-

nities should pay the costs.

Pleas in law and main arguments

The applicant relies on the following grounds:

— Infringement of the fourth subparagraph of Article 7(4)(a) of
Regulation No 1258/99 (3): in this connection the applicant
alleges breach of the duty to state reasons and disregard of
essential procedural requirements;

— with regard to the late performance of inspections on the
spot in the marketing years 2002 and 2003 laid to its
charge by the contested decision,
the applicant alleges
breach of the principle of subsidiarity, breach of the prin-
ciple of equality of Member States, breach of the principle of
proportionality and error as to the factual grounds;

Action brought on 23 February 2007 — Portuguese
Republic v Commission

— the applicant also argues that the EAGGF has sustained no

financial loss;

(Case T-50/07)

(2007/C 95/91)

Language of the case: Portuguese

Parties

Applicant: Portuguese Republic (Lisbon, Portugal)
(represented
by: Inez Fernandes and P. Barros da Costa, acting as Agents, and
M. Figueiredo, lawyer)

— furthermore,

the applicant challenges

the Commission's
finding as to the allegedly insufficient number of site visits
regarding durum wheat in 2002.

(1) OJ 2006 L 355, p. 96.
(2) OJ 1999 L 160, p. 1.
(3) Council Regulation (EC) No 1258/1999 of 17 May 1999 on the
financing of the common agricultural policy (OJ 1999 L 160, p.
103).