Case T-257/07: Action brought on 17 July 2007 — France v Commission
Date: 2007-07-17
Institutions: Court of First Instance
Subjects: European Commission, France, action for failure to fulfil an obligation, animal disease, disease prevention, health control, health risk

C 211/50

EN

Official Journal of the European Union

8.9.2007

Form of order sought

— declare under Article 288 EC that the applicant is entitled to
have damage totalling two million two thousand three
hundred and forty four euros (EUR 2 002 344) made good
by the Council and the Commission jointly and severally;

— order the defendants to pay the costs.

Pleas in law and main arguments

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

the judgment of the Court of First Instance in Case T-228/02
Organisation des Modjahedines du peuple d'Iran v Council [2006]
ECR II-0000. According to the applicant the Council was under
an obligation to remove the applicant's name from the said list.

Furthermore, the applicant contends that the contested decision
was adopted in violation of the applicant's right to be heard and
without proper reasoning.

Moreover, the applicant claims that the contested decision was
adopted on the basis of material all of which related to the
taking into
to the year 2001 and without
period prior
consideration material relating to the years after 2001 adduced
by the applicant.

Finally, the applicant alleges that these circumstances amount to
an abuse or misuse of powers.

Action brought on 16 July 2007 — People's Mojahedin
Organization of Iran v Council

(1) OJ 2007 L 169, p. 58.

(Case T-256/07)

(2007/C 211/94)

Language of the case: English

Action brought on 17 July 2007 — France v Commission

Parties

Applicant: People's Mojahedin Organization of Iran (Auvers sur
Oise, France)
lawyer, and D.
Vaughan, QC)

(represented by:

J.P. Spitzer,

(Case T-257/07)

(2007/C 211/95)

Language of the case: French

Defendant: Council of the European Union

Parties

Form of order sought

— Annul Decision 2007/445/EC of the Council insofar as it

applies to the applicant;

— order the defendant to pay the applicant's costs.

Applicant: French Republic (represented by: E. Belliard, G. de
Bergues, R. Loosli and A.-L. During, Agents)

Defendant: Commission of the European Communities

Pleas in law and main arguments

Form of order sought

The applicant seeks the partial annulment of Council Decision
2007/445/EC of 28 June 2007 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 Decisions 2006/379/EC and
2006/1008/EC (1) maintaining the applicant on the list of the
persons, groups and entities to whom a freeze of funds and
other financial resources applies.

In support of its application, the applicant submits that the
contested Council decision should be annulled because the
Council continued to rely on the listing of the applicant in Deci-
sion 2006/379/EC which should have been annulled or
amended by the Council with regard to the applicant following

of

(EC) No

727/2007

— Annul paragraph (3) of the Annex to Commission Regu-
2007 (1)
lation
III, VII and X to Regulation (EC)
amending Annexes I,
No 999/2001 of
the
Council laying down rules for the prevention, control and
eradication of certain transmissible spongiform encephalopa-
thies (2), to the extent that it introduces, into Chapter A of
Annex VII, paragraphs 2.3(b)(iii), 2.3(d), and 4;

the European Parliament and of

June

26

— Alternatively, if the Court were to rule that this application
is inadmissible, annul Regulation

for partial annulment
No 727/2007in its entirety;

— Order the Commission to pay the costs.

8.9.2007

EN

Official Journal of the European Union

C 211/51

Pleas in law and main arguments

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

In this action, the applicant applies for the partial annulment, or
alternatively the entire annulment, of Commission Regulation
(EC) No 727/2007 of 26 June 2007, authorising less restrictive
measures of surveillance and eradication in relation to certain
spongiform encephalopathies, as compared with those laid
down by Regulation (EC) No 999/2001.

In support of its action, the applicant claims that the contested
provisions must be annulled because they infringe the precau-
tionary principle in relation to both the assessment and manage-
ment of the risk.

The applicant claims that the Commission has failed to have
regard to the precautionary principle at the stage of assessment
of the risk by ignoring the scientific uncertainties which, in its
opinion, continue to surround both the risk of transmission to
human beings of
transmissible spongiform encephalopathies
other than bovine spongiform encephalopathy, and the relia-
bility of the tests on which the Commission based its decision
to adopt the contested Regulation.

In the opinion of the applicant, the Commission has also failed
to have regard to the precautionary principle at the stage of
management of the risk in that the contested provisions are not
capable of containing the risk and may even increase it. The
applicant considers,
in addition, that the increase in the risk
caused by the contested provisions cannot be justified by the
advantages expected from them.

(1) OJ L 165, p. 8.
(2) OJ L 147, p. 1.

Form of order sought

— declare under Article 288 EC that the applicant is entitled to
have damage totalling one million thirty five thousand four
hundred and sixty six euros (EUR 1 035 466) made good
by the Council and the Commission jointly and severally;

— order the defendants to pay the costs.

Pleas in law and main arguments

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

Action brought on 17 July 2007 — Algusa Algodinera
Utrerana v Council and Commission

(Case T-259/07)

(2007/C 211/97)

Language of the case: Spanish

Parties

Applicant: Algusa Algodinera Utrerana SA (Sevilla, Spain) (repre-
sented by: L. Ortiz Blanco, lawyer)

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

Action brought on 17 July 2007 — Campo de Alcalá del
Río v Council and Commission

Form of order sought

(Case T-258/07)

(2007/C 211/96)

— declare under Article 288 EC that the applicant is entitled to
have damage totalling seven hundred and twenty one thou-
sand three hundred and fifty five euros (EUR 721 355)
made good by the Council and the Commission jointly and
severally;

Language of the case: Spanish

— order the defendants to pay the costs.

Parties

Applicant: S. Coop. And. de Productores Campo de Alcalá del
Río (Sevilla, Spain) (represented by: L. Ortiz Blanco, lawyer)

Pleas in law and main arguments

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