Case T-217/07: Action brought on 26 June 2007 — Las Palmeras 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

C 211/34

EN

Official Journal of the European Union

8.9.2007

Re:

of

for

annulment

Commission Decision
Application
C(2006) 426 final of 22 February 2006 concerning the
proposed amendment to the national allocation plan for the
allocation of greenhouse gas emission allowances notified by
the United Kingdom in accordance with Directive 2003/87/EC
of the European Parliament and of the Council

Operative part of the order

1. The application is dismissed as inadmissible.

2. The applicants are to bear their own costs and pay those incurred

by the Commission.

(1) OJ C 165, 15.7.2006.

Action brought on 31 May 2007 — KEK DIAVLOS v
Commission of the European Communities

(Case T-190/07)

(2007/C 211/66)

KSINI (1)in respect of funding under the PRINCE information
programme for Europe's citizens, together with interest, on the
ground of unjustified delay and lack of proof of completion of
the project. The applicant maintains that the decision in ques-
tion is unfounded, incorrect, improper and contains insufficient
and incorrect reasoning.

it complied fully with its obligations under

In contrast to the Commission's findings which, in the appli-
cant's view are incorrect and unjustifiable, the applicant main-
tains that
the
funding contract which it signed in order to participate in the
programme in question and that, in the cases in which delays
were recorded because of objective difficulties, the applicant
informed the competent bodies of the European Union in good
time.

The applicant also claims that KEK KSINI never received the
remainder of the amount of the funding after receipt of the
original advance of EUR 71 981, although it considers that the
work performed and the expenditure incurred in connection
with the above programme exceed that sum.

Accordingly the applicant maintains that the contested decision
should be annulled; it was issued as a result of erroneous infor-
mation given by the staff of the company to the bodies of the
European Union which carried out on-the-spot checks, since,
because of a change in the staff who were in charge of the
programme, it was not initially possible for new employees to
be fully briefed so as to gather all the required information and
give full replies directly.

Language of the case: Greek

(1) Pursuant to the amendment to the company's articles on 12 April

2006, the company KEK KSINI was renamed KEK DIAVLOS.

Parties

Applicant: KEK DIAVLOS (Peristeri, Attiki (Greece)) (represented
by: D. Khatsimikhalis, lawyer)

Defendant: Commission of the European Communities

Action brought on 26 June 2007 — Las Palmeras v Council
and Commission

Form of order sought

— annulment of Decision 23/II/2006 of the Commission of
the European Communities and any other related act and/or
decision of the Commission of the European Communities
on the grounds set out;

— an order that the Commission of the European Commu-

nities pay the costs and our lawyer's fees.

Pleas in law and main arguments

This action is brought against Decision E(2006) 465 final of the
the European Communities of 23 February
Commission of
2006 requiring the applicant
to pay the basic sum of
EUR 71 981 in repayment of the advance received by KEK

(Case T-217/07)

(2007/C 211/67)

Language of the proceedings: Spanish

Parties

Applicant: Las Palmeras S. Coop. And.
sented by: L. Ortiz Blanco, lawyer)

(Seville, Spain)

(repre-

8.9.2007

EN

Official Journal of the European Union

C 211/35

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

The applicant claims that in the present case the requirements
demanded by case-law to establish the extra-contractual liability
of the Community are met.

Forms of order sought

— 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 two hundred
and eighty-eight
thousand two hundred and thirty-eight
euros (EUR 288 238);

— to order the defendant institutions to pay the costs.

(1) Council Regulation (EC) No 1782/2003 of 29 September 2003
establishing common rules for direct support schemes under the
common agricultural policy and establishing certain support
schemes for farmers and amending Regulations (EEC) No 2019/93,
(EC) No 1452/2001, (EC) No 1453/2001, (EC) No 1454/2001, (EC)
No 1868/94,
(EC)
No 1673/2000,
(EEC) No 2358/71 and (EC) No 2529/2001
(OJ L 270, 21.10.2003, p. 1).

(EC) No 1251/1999,

(EC) No 1254/1999,

schemes under

(2) Council Regulation (EC) No 864/2004 of 29 April 2004 amending
Regulation (EC) No 1782/2003 establishing common rules for direct
support
common agricultural policy and
establishing certain support schemes for farmers, and adapting it by
reason of
the Czech Republic, Estonia, Cyprus,
Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia to
the European Union (OJ L 161, 30.4.2004, p. 48).

the accession of

the

Pleas in law and main arguments

Action brought on 26 June 2007 — Agroquivir v Council
and Commission

a

the

result of

The applicant in the present proceedings, a Spanish firm which
gins raw cotton, seeks compensation for losses allegedly suffered
as
application, during the 2006/2007
marketing year, of Chapter 10a of Title IV of Regulation (EC)
No 1782/2003 (1), inserted by Article 1(20) of Regulation (EC)
No 864/2004 (2). Chapter 10a of Title IV of Regulation (EC)
No 1782/2003 establishes common rules for direct support
schemes under the common agricultural policy and establishes
certain support schemes for farmers.

(Case T-218/07)

(2007/C 211/68)

Language of the proceedings: Spanish

In that regard it is noted that Chapter 10a of Title IV of Regu-
lation (EC) No 1782/2003 was annulled by judgment of the
Court of Justice on 7 September 2006 in Case C-310/04 Spain
v Commission for breach of the principle of proportionality. That
judgment, however, suspended the effects of
the annulment
until the adoption of a new regulation, so that the provisions in
question continued to apply for the 2006/2007 marketing year.

On the basis of two reports carried out by an economic consul-
tancy the application reviews the loss suffered by the sector,
since, as a consequence of applying the annulled provisions
during the relevant marketing year a large drop occurred in the
raw cotton produced and, consequently in the
volume of
production of
the
industrially ginned cotton. Operation of
support scheme outlined in the relevant provisions results in a
significant portion of
(about 65 %) becoming
completely unrelated to the production of cotton, so that the
farmer continues to receive it, even though he is using his land
for the production of other crops. Accordingly, the estimated
profitability of using an area of one hectare to grow cotton
becomes lower than the profitability of using it to grow other
crops. That situation also meant that the operating revenues
obtained by the ginning industry were reduced.

the support

Parties

Applicant: Agroquivir, S. Coop. And. de Segundo Grado (Seville,
Spain) (represented by: Luis Ortiz Blanco, lawyer)

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

Forms of order sought

in accordance
— to uphold the present action for damages,
with Article 288 EC, and declare that
is
entitled to be financially compensated by the Council and
the Commission jointly and severally in the sum total of
two hundred and eighty-eight thousand two hundred and
thirty-eight euros (EUR 288 238);

the applicant

— to order the defendant institutions to pay the costs.