Case C-110/07 P: Appeal brought on 27 February 2007 by Fédération nationale des syndicats d'exploitants agricoles (FNSEA), Fédération nationale bovine (FNB), Fédération nationale des producteurs de lait (FNPL) and Jeunes agriculteurs (JA) against the judgment delivered by the Court of First Instance (First Chamber) on 13 December 2006 in Joined Cases T-217/03 and T-245/03 FNCBV and Others v Commission
Date: 2007-04-28
Institutions: Court of Justice
Subjects: European Commission, France, action for annulment (EU), appeal, beef, import restriction, minimum price, trade agreement

C 95/28

EN

Official Journal of the European Union

28.4.2007

d) it does not take account of available scientific and tech-
nical data, of the environmental conditions in the various
regions of the Community, or of the benefits or costs
which arise from the prohibition which it establishes;

e) it is disproportionate to the objective being pursued;

— in the alternative, reduce the amount of those fines;

— order the European Commission to pay the costs relating to
the interim proceedings and the main proceedings before
the Court of First Instance, as well as the proceedings before
the Court of Justice.

f) it

is discriminatory

very different
geographic, economic and social situations in the same
fashion;

treats

since

it

g) it does not establish any exemption for small-time fish-
ermen who fish with devices such as the ‘thonaille’, which,
apart from the fact that it is traditional in the Mediterra-
nean, is vital for that part of the population who practise
it, and is, moreover, very selective?

(1) Council Regulation (EC) No 894/97 of 29 April 1997 laying down
certain technical measures for conservation of fishery resources (OJ L
1997 132, p. 1).

(2) Council Regulation (EC) No 1239/98 of 8 June 1998, amending
Regulation (EC) No 894/97 laying down certain technical measures
for conservation of fishery resources (OJ L 1998 171, p. 1).

Appeal brought on 27 February 2007 by Fédération natio-
nale des syndicats d'exploitants agricoles (FNSEA), Fédéra-
tion nationale bovine (FNB), Fédération nationale des
producteurs de lait (FNPL) and Jeunes agriculteurs (JA)
the judgment delivered by the Court of First
against
Instance (First Chamber) on 13 December 2006 in Joined
Cases T-217/03 and T-245/03 FNCBV and Others v
Commission

(Case C-110/07 P)

(2007/C 95/51)

Language of the case: French

Parties

Appellants: Fédération nationale des syndicats d'exploitants agri-
coles (FNSEA), Fédération nationale bovine (FNB), Fédération
nationale des producteurs de lait (FNPL), Jeunes agriculteurs (JA)
(represented by: V. Ledoux and B. Néouze, avocats)

Other parties to the proceedings: Fédération nationale de la coop-
ération bétail et viande (FNCBV), Commission of the European
Communities, French Republic

Forms of Order sought

Pleas in law and main arguments

that

the appellants assert

The appellants rely on four pleas in law in support of their
appeal. Firstly,
the Court of First
Instance misconstrued the evidence submitted for its considera-
tion in that it omitted to take into account the two essential
pieces of evidence demonstrating that
the agreement of
24 October 2001 did not extend beyond 30 November 2001.
Secondly, the appellants allege that the Court of First Instance
misapplied Community law, as well as the consistent case-law of
the Court, in holding that the Commission had not infringed
the rights of the defence in failing to point out, in the statement
of objections, that it was going to calculate the sum of the fines
taking into account the cumulative turnover of the members of
the appellant federations. Thirdly, they allege infringement of
Article 15(2) of Council Regulation (EEC) No 17/62. In order to
conclude that the fines imposed did not exceed the ceiling of
10 % of turnover, laid down in that article, the Court of First
Instance took into account
the
members of those federations, without the precise conditions
and objectives laid down in the case-law being fulfilled. Finally,
by their fourth plea in law, the appellants allege an infringement
of the principle of non bis in idem, as well as a breach of the
principle of proportionality, in that the Court of First Instance
imposed, on each of the federations, a separate fine based on
the cumulative turnover of members common to those federa-
tions. According to the appellants,
in the present case only
1 federation can have a penalty imposed upon it, which takes
into account the cumulative financial capacity of the common
members of the appellant federations.

the cumulative turnover of

Reference for a preliminary ruling from the Tribunal
Superior de Justicia de Asturias
lodged on
28 February 2007 — José Manuel Blanco Pérez, Maria del
Pilar Chao Gómez v Principado de Asturias

(Spain)

(Case C-111/07)

(2007/C 95/52)

Language of the case: Spanish

— set aside the judgment of the Court of First Instance of

13 December 2006;

Referring court

— state that fines should not be imposed on the appellant

federations;

Tribunal Superior de Justicia de Asturias