Case T-220/07: Action brought on 18 June 2007 — Transports Schiocchet — Excursions v Commission of the European Communities
Date: 2007-08-25
Institutions: Court of First Instance
Subjects: France, Luxembourg, action for annulment (EU), bus, carriage of passengers, international road transport

C 199/40

EN

Official Journal of the European Union

25.8.2007

In the fourth ground of annulment, which concerns the POSEI
measure — Smaller Aegean Islands — the applicant submits
(a) that Article 3(3) of Regulation (EEC) No 2019/93 (5) and
Article 3(2) of Regulation (EEC) No 2958/93 (6) were misinter-
preted and misapplied in respect of the arrangements for the
supply [of certain agricultural products] to the smaller Aegean
islands or, in the alternative, that the factual circumstances were
wrongly assessed, since the Greek authorities acted as prescribed
by the regulations; (b) that, similarly, as regards potato fields
and olive groves on the small islands of the Aegean, the factual
circumstances were wrongly assessed, since the LPIS (7) and the
Registers functioned normally and, in any event, in respect of
any minor defects, a general correction to the regime of arable
crops was imposed on the applicant and a second penalty
should not be imposed for the same reason in respect of the
individual regimes and lastly (c) the correction to the POSEI
measure was contrary to the principle of proportionality.

(1) Council Regulation (EEC) No 3508/92 of 27 November 1992 estab-
lishing an integrated administration and control system for certain
Community aid schemes (OJ 1992 L 355, p. 1).

(2) Council Regulation (EC) No 1593/2000 of 17 July 2000 amending
Regulation (EEC) No 3508/92 establishing an integrated administra-
tion and control
system for certain Community aid schemes
(OJ 2000 L 182, p. 4).

(3) Commission Regulation (EC) No 445/2002 of 26 February 2002
laying down detailed rules for the application of Council Regulation
(EC) No 1257/1999 on support for rural development from the
European Agricultural Guidance and Guarantee Fund (EAGGF)
(OJ 2002 L 74, p. 1).

(4) Commission Regulation (EC) No 2419/2001 of 11 December 2001
laying down detailed rules for applying the integrated administration
and control system for certain Community aid schemes established
by Council Regulation (EEC) No 3508/92 (OJ 2001 L 327, p. 11).
(5) Council Regulation (EEC) No 2019/93 of 19 July 1993 introducing
specific measures for the smaller Aegean islands concerning certain
agricultural products (OJ 1993 L 184, p. 1).

(6) Commission Regulation (EEC) No 2958/93 of 27 October 1993
laying down detailed rules for the application of Council Regulation
(EEC) No 2019/93 as regards the specific arrangements for the
supply of certain agricultural products (OJ 1993 L 267, p. 4).

(7) Land Parcel Identification System.

Action brought on 18 June 2007 — Transports Schiocchet
— Excursions v Commission of the European Communities

Form of order sought

— declare the Commission to be liable non-contractually for
the infringement of the applicant's fundamental rights under
Council Regulation (EEC) No 517/72 of 20 March 1972;

— declare the Commission to be liable non-contractually for
the infringement of the applicant's fundamental rights since
the
coming into force of Council Regulation (EEC)
No 684/92 of 16 March 1992;

— order the Commission to pay to the applicant, in respect of
the heads of
sum of
claim referred to above,
EUR 50 723 808,39, which failing any other amount,
including a higher one, to be certified by an expert, together
with default interest on that sum from the date of the judg-
ment to be delivered until the date of actual payment, at the
rate of 8 % per year;

the

— order the Commission to pay the costs;

— reserve to the applicant all other rights, pleas and actions.

Pleas in law and main arguments

the applicant

is bringing an action for
By this application,
non-contractual
liability seeking to obtain reparation for the
damage allegedly suffered by it following the adoption by the
Commission of Decision 89/524/EEC of 7 September 1989 on
a dispute between Luxembourg and France on the establishment
of a special
service between these two
States (1), which was the subject of an action for annulment
brought by the applicant and dismissed by the Court by judg-
ment of 16 April 1991, delivered in Case C-354/89 Schiocchet
v Commission (2), and following the adoption of Council Regu-
lation (EEC) No 684/92 of 16 March 1992 on common rules
for the international carriage of passengers by coach and bus (3).

regular passenger

(Case T-220/07)

(2007/C 199/76)

Language of the case: French

In its application, the applicant claims that by adopting the
measures in question the Community institutions have infringed
its fundamental rights by regularising an unlawful situation
for bus transport
involving its competitors on the market
between Luxembourg and France, who were carrying on their
activities without prior authorisation.

Parties

Applicant: Transports Schiocchet — Excursions
France) (represented by: D. Schönberger, lawyer)

(Beuvillers,

Defendant: Commission of the European Communities

(1) OJ 1989 L 272, p. 18.
(2) [1991] ECR I-1775.
(3) OJ 1992 L 74, p. 1.