Case T-259/07: Action brought on 17 July 2007 — Algusa Algodinera Utrerana v Council and Commission
Date: 2007-09-08
Institutions: Court of First Instance
Subjects: Council of the European Union, European Commission, action for annulment (EU), aid system, common agricultural policy, cotton, farm income, support policy

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.