Case T-260/07: Action brought on 17 July 2007 — Las Marismas de Lebrija 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 211/52

EN

Official Journal of the European Union

8.9.2007

Action brought on 17 July 2007 — Las Marismas de
Lebrija v Council and Commission

Form of order sought

(Case T-260/07)

(2007/C 211/98)

Language of the case: Spanish

Parties

Applicant: Las Marismas de Lebrija, S Coop. And. (Sevilla, Spain)
(represented by: L. Ortiz Blanco, lawyer)

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

Form of order sought

— declare under Article 288 EC that the applicant is entitled to
have damage totalling one million five hundred and seventy
five
two euros
(EUR 1 575 122) made good by the Council and the
Commission jointly and severally;

thousand one hundred and twenty

— 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 13 July 2007 — Commission v Banca di
Roma

(Case T-261/07)

(2007/C 211/99)

Language of the case: Italian

Parties

— Order the Banca di Roma SpA, established in Italy at Viale
Umberto Tupini 180, Rome (00144), in the person of its
present legal representative, to execute the Bank guarantee
of 28.10.1989 in favour of
the
European Communities;

the Commission of

— Order the Banca di Roma SpA, established in Italy at Viale
Umberto Tupini 180, Rome (00144), in the person of its
present legal representative, to pay to the Commission of
the European Communities, established in Belgium at Rue
de la Loi 200, Brussels (1039), the sum of EUR 412 607,41,
together with interest of EUR 94,37 per day running from
30 December 2006 until payment in full, or such other sum
as the Court may decide;

— Order the Banca di Roma SpA, established in Italy at Viale
Umberto Tupini 180, Rome (00144), in the person of its
present legal representative, to pay all of the costs of the
present proceedings including those of the Commission.

Pleas in law and main arguments

This action is brought under Article 238 EC on the basis of the
arbitration clause contained in the guarantee of 28 October
1989 issued by the Banco di Roma (now named Banca di
Roma) in favour of the Commission.

By Decision C(89) 1241 of 2 August 1989 (1) the Commission
imposed a fine on fourteen producers of welded steel mesh, one
of whom was Ferriere Nord SpA, for having taken part in agree-
ments and concerted practices which infringed Article 85(1) EC
(now Article 81(1) EC); the fine imposed on Ferriere Nord SpA
was ECU 320 000.

Under Article 4 of that decision Ferriere Nord SpA had to pay
the fine within three months of the date of notification of the
decision, save that Ferriere Nord SpA was permitted to provide
a bank guarantee covering the entire sum due, that is to say,
principal and interest.

By registered post of 30 October 1989, received on 7 November
1989, Ferriere Nord sent to the Commission a letter dated
the
26 October 1989 whereby the Udine (Italy) branch of
Banco di Roma (now Banca di Roma) declared to the Commis-
sion that it stood as guarantor of payment by Ferriere Nord
both of the fine of ECU 320 000 and of interest, calculated to
run from 15 November 1989 until
the date of effective
payment.

Applicant: Commission of the European Communities (repre-
sented by: A.Colabianchi,
lawyer, and F. Amato and M.
Wilderspin, Agents)

Defendant: Banca di Roma SpA

In Case T-153/04 (2), the Court of First Instance held, by judg-
ment of 27 September 2006, that the power of the Commission
to enforce the Welded steel mesh decision was time-barred, in
accordance with Article 4(1) of Regulation No 2988/74 (para-
graphs 53 and 58 of the judgment).