Case T-246/07: Action brought on 13 July 2007 — Coesagro 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 211/47

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).