Case T-236/07: Action brought on 4 July 2007 — Federal Republic of Germany v Commission
Date: 2007-09-08
Institutions: Court of First Instance
Subjects: EAGGF Guarantee Section, EU financing, European Commission, Germany, action for failure to fulfil an obligation, control of State aid, export refund

8.9.2007

EN

Official Journal of the European Union

C 211/41

Action brought on 4 July 2007 — Federal Republic of
Germany v Commission

bound by the unilateral statement for the minutes of 4 May
1995.

(Case T-236/07)

(2007/C 211/77)

Language of the case: German

(1) Council Regulation (EC) No 1290/2005 of 21 June 2005 on the
financing of the common agricultural policy (OJ 2005 L 209, p. 1).
(2) Council Regulation (EEC) No of 4 March 1991 concerning irregulari-
ties and the recovery of sums wrongly paid in connection with the
financing of the common agricultural policy and the organisation of
an information system in this field and repealing Regulation (EEC)
No 283/72 (OJ 1991 L 67, p. 11).

Parties

Applicant: Federal Republic of Germany (represented by: M.
Lumma and J. Müller)

Defendant: Commission of the European Communities

Form of order sought

— declare void Commission Decision K(2007) 1901 final of
27 April 2007 on the clearance of the accounts of the
paying agencies of Member States concerning expenditure
financed by the European Agricultural Guidance and Guar-
antee Fund (EAGGF), Guarantee Section, for the 2006 finan-
cial year, to the extent that it charges to the applicant the
amount of EUR 1 750 616,27;

Action brought on 27 June 2007 — CityLine Hungary Kft.
v Commission of the European Communities

(Case T-237/07)

(2007/C 211/78)

Language of the case: Hungarian

Parties

Applicant(s): CityLine Hungary Kft.
sented by: Á. Menyhei, lawyer)

(Vecsés, Hungary)

(repre-

— order the defendant to pay the costs.

Defendant(s): Commission of the European Communities

Pleas in law and main arguments

Form of order sought

accounts of

The applicant contests Commission Decision K(2007) 1901
final of the Commission of 27 April 2007 on the clearance of
the
the paying agencies of Member States
concerning expenditure financed by the European Agricultural
Guidance and Guarantee Fund (EAGGF), Guarantee Section, for
the 2006 financial year, and applies for annulment of that deci-
sion, to the extent that it charges to the applicant half of certain
non-recoverable export refunds.

In support of its claim, the applicant maintains, first, that the
defendant was wrong to apply the fixed 50 % charge laid down
in Article 32(5) of Regulation (EC) No 1290/95 (1). According
to the applicant that provision is not applicable to cases which
were notified in accordance with Article 5(2) of Regulation (EC)
No 595/91 (2).

— Declare Article 2c(1) of Commission Regulation (EC)
No 375/2007 of 30 March 2007 published in the Official
Journal of the European Union of 4 April 2007 invalid, and

— Order the defendant to pay the costs, including legal fees.

Pleas in law and main arguments

The applicant contests the validity of Article 2c(1) of Regulation
EC No
(EC)
introduced
No 375/2007 (1). The Article deals with the continued opera-
tion of certain aircrafts registered by Member States.

1702/2003

Regulation

by

Secondly, the applicant argues that in some of the cases at issue
the defendant has infringed the principles of proper administra-
tion since it did not comply with the obligation to which it was

The applicant, which is engaged in the transport of various
goods by air, claims that the contested provisions of Regulation
(EC) No 375/2007 are of direct and individual concern to it.