Case T-247/07: Action brought on 11 July 2007 — Slovakia v Commission
Date: 2007-07-11
Institutions: Court of First Instance
Subjects: EC Accession Treaty, European Commission, Slovakia, action for failure to fulfil an obligation, agricultural surplus, free circulation, surplus stock

8.9.2007

EN

Official Journal of the European Union

C 211/47

Forms of order sought

Action brought on 11 July 2007 — Slovakia v Commission

— to uphold the present action for damages,

in accordance
with Article 288 EC, and declare the applicant is entitled to
be financially compensated by the Council and the Commis-
sion jointly and severally in the sum total of one million six
hundred and fifty-five thousand four hundred and ten euros
(EUR 1 655 410);

(Case T-247/07)

(2007/C 211/88)

— to order the defendant institutions to pay the costs.

Language of the case: Slovak

Pleas in law and main arguments

The pleas in law and main arguments are those already put
forward in the Case T-217/07 Las Palmeras v Council and
Commission.

Parties

Applicant: Slovak Republic (represented by: J. Čorba, Agent)

Defendant: Commission of the European Communities

Action brought on 13 July 2007 — Coesagro v Council and
Commission

Form of order sought

(Case T-246/07)

(2007/C 211/87)

Language of the proceedings: Spanish

Parties

Applicant: S. Coop. And. Ecijana de Servicios Agropecuarios
(represented by: L. Ortiz Blanco,
(Coesagro),
lawyer)

(Seville, Spain)

Defendants: Council of the European Union and Commission of
the European Communities

Forms of order sought

— to uphold the present action for damages,

in accordance
with Article 228 EC, and declare the applicant is entitled to
be financially compensated by the Council and the Commis-
sion jointly and severally in the sum total one million and
thirty five thousand four hundred and sixty six euros
(EUR 1 035 466);

— to order the defendant institutions to pay the costs.

Pleas in law and main arguments

The pleas in law and main arguments are those already put
forward in Case T-217/07 Las Palmeras v Council and Commission.

— declare the contested decision void inasmuch as it relates to
the applicant, alternatively,
if the Court of First Instance
considers it necessary or desirable, annul the contested deci-
sion in its entirety;

— order the defendant to pay the costs.

Pleas in law and main arguments

seeks

applicant

The
annulment of Commission Decision
C(2007) 1979 final of 4 May 2007 on the determination of
surplus stocks of agricultural products other than sugar and the
financial consequences of their elimination in relation to the
accession of
the Czech Republic, Estonia, Cyprus, Latvia,
Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia (1) in
the amended version of 25 May 2007. The contested Commis-
sion decision fixed the quantities of certain types of fruit and
rice in free circulation in the Slovak Republic at the date of
accession exceeding the quantities which could be regarded as
constituting a normal carryover of stock at 1 May 2004. At the
same time, it charged the applicant EUR 3 634 000 in conse-
quence of the expense of eliminating those quantities.

The applicant submits that the defendant lacked the power to
adopt the contested decision.

In addition, the applicant states that even if the defendant were
to have the power to determine excess stocks in the Slovak
Republic and to impose a financial penalty on the applicant in
respect of those allegedly excess stocks, it infringed the Treaty of
Accession (2) in that it did not act on the correct legal basis,
namely Article 41 of the Act concerning the conditions of
accession (3).

C 211/48

EN

Official Journal of the European Union

8.9.2007

Moreover, the applicant submits that,
in not establishing that
the Community incurred expenses or suffered other damage as
a result of the applicant's failure to eliminate the excess quanti-
ties and in failing to adopt in time an appropriate legal measure
authorising (i) the elimination of excess stock from the appli-
cant's market, (ii) the means of determining what is excess stock
and (iii)
the means of calculating the applicant's financial
burden, the defendant, by the contested decision, infringed the
Treaty of Accession and the general legal principles of propor-
tionality and legal certainty.

Finally, the applicant submits that a serious infringement of the
procedural requirement to state reasons occurred.

(1) OJ 2007 L 138, p. 14.
(2) Treaty concerning the accession of the Czech Republic, the Republic
of Estonia, the Republic, of Cyprus, the Republic of Latvia, the
Republic of Lithuania, the Republic of Hungary, the Republic of
Malta, the Republic of Poland, the Republic of Slovenia and the
Slovak Republic to the European Union (OJ 2003 L 236, p. 17).
(3) Act concerning the conditions of accession of the Czech Republic,
the Republic of Estonia, the Republic of Cyprus, the Republic of
the
Latvia,
Republic of Malta, the Republic of Poland, the Republic of Slovenia
and the Slovak Republic and the adjustments to the Treaties on
which the European Union is founded (OJ 2003 L 236, p. 33).

the Republic of Lithuania,

the Republic of Hungary,

Action brought on 12 July 2007 — Czech Republic v
Commission

(Case T-248/07)

(2007/C 211/89)

Language of the case: Czech

Parties

Applicant: Czech Republic (represented by: T. Boček, Agent)

Defendant: Commission of the European Communities

Form of order sought

— annul the contested decision in its entirety;

— alternatively, annul the contested decision inasmuch as it

relates to the Czech Republic;

— order the Commission to repay the sums already paid;

— order the Commission to pay the costs.

Pleas in law and main arguments

ation of surplus stocks of agricultural products other than sugar
and the financial consequences of their elimination in relation
to the accession of the Czech Republic, Estonia, Cyprus, Latvia,
Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia (1). By
that decision, the Commission fixed the quantities of meat,
fruits and rice in free circulation in the Czech Republic at the
date of accession exceeding the quantities which could be
regarded as constituting a normal carryover of
stock at
it charged the applicant
1 May 2004. At
EUR 12 287 000 in consequence of the expense of elimination
of those quantities.

the same time,

The applicant submits that the Commission exceeded its power
and thus infringed paragraph 4 of Chapter 4 of Annex IV to the
Act concerning the conditions of Accession (2) by,
in the
contested decision based on that provision, fixing the financial
amounts which the new Member States are to pay to the Com-
munity budget in respect of the total quantity of stocks of agri-
cultural products.

In addition, the applicant states that even if the Commission
were to have the power to adopt the contested measure on the
basis of paragraph 4 of Chapter 4 of Annex IV to the Act
concerning the conditions of Accession, by its adoption, the
Commission infringed the principle of proportionality, in that
that measure was not necessary, or more precisely was not
appropriate, having regard to the objective which the obligation
to eliminate excess stocks pursues.

Moreover, the applicant submits that the defendant infringed
paragraph 2 of Chapter 4 of Annex IV to the Act concerning
the conditions of Accession in conjunction with Article 10 EC,
as well as the principle of legal certainly and legitimate expecta-
tion, by failing to define the concept of normal carryover of
stock and by adopting the contested decision in an manner
which lacked transparency.

The applicant states that the Commission infringed paragraph 2,
Chapter 4 of Annex IV to the Act concerning the conditions of
Accession in that the contested decision fails to have regard to
all the relevant circumstances.

Finally, the applicant submits that the defendant infringed para-
graph 4 of Chapter 4 of Annex IV to Act concerning the condi-
tions of Accession by failing to sufficiently state reasons for its
decision.

(1) OJ 2007 L 138, p. 14.
(2) Act concerning the conditions of accession of the Czech Republic,
the Republic of Estonia, the Republic of Cyprus, the Republic of
the
Latvia,
Republic of Malta, the Republic of Poland, the Republic of Slovenia
and the Slovak Republic and the adjustments to the Treaties on
which the European Union is founded (OJ 2003 L 236, p. 33).

the Republic of Lithuania,

the Republic of Hungary,

applicant

The
annulment of Commission Decision
C(2007) 1979 final version of 4 May 2007 on the determin-

seeks