Case T-268/07: Action brought on 19 July 2007 — Agrícola del Sureste v Council and Commission
Date: 2007-09-22
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

22.9.2007

EN

Official Journal of the European Union

C 223/13

Pleas in law and main arguments

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

The Italian Government has challenged before the Court of First
Instance of the European Communities Commission Decision
C(2007) 1901 final of 27 April 2007, notified on even date, on
the clearance of the accounts of the paying agencies of Member
States concerning expenditure financed by the European Agri-
cultural Guidance and Guarantee Fund (EAGGF), Guarantee
Section, for the 2006 financial year, in so far as it charges to the
Italian Republic, as provided for in Article 32(5) of Regulation
(EC) No 1290/2005, 50 % of the financial consequences of the
non-recovery of amounts in particular cases of irregularity or
negligence.

In support of its action the Italian Government complained of
the inclusion in the decision of cases which the Commission
ought to have decided expressly, with diligence and within a
reasonable period, at a earlier time, by charging in full to the
EAGGF. That is also having regard to the fact that, in respect of
several of those positions, the Commission had taken a favour-
able decision.

The Italian Government therefore pleaded the following grounds
of appeal:

(a) infringement and/or misapplication of Article 5(2) of Regu-
lation (EEC) No 595/91 and Article 8 of Regulation (EC)
No 1663/95. Infringement of Article 253 EC in respect of
failure to state the grounds;

(b) infringement and/or misapplication of Article 8(2) of Regu-
lation (EEC) No 729/70 and Article 8(2) of Regulation (EC)
No 1258/99. Infringement of Article 253 EC in respect of
failure to state the grounds;

(c) infringement and/or misapplication of Article 5(2) of Regu-
lation (EEC) No 595/91, Article 8 of Regulation (EC)
No 1663/95, Article 8(2) of Regulation (EEC) No 729/70
and Article 8(2) of Regulation (EC) No 1258/99 (in relation
to the amounts less than EUR 500 000,00). Infringement of
Article 253 EC in respect of failure to state the grounds (in
relation to amounts less than EUR 500 000,00).

Action brought on 19 July 2007 — Agrícola del Sureste v
Council and Commission

(Case T-268/07)

(2007/C 223/19)

Language of the case: Spanish

Parties

Applicant: S. Coop. Agrícola del Sureste (Murcia, Spain) (repre-
sented by: L. Ortiz Blanco, lawyer)

Form 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 one hundred
and forty-two thousand five hundred and eighty five euros
(EUR 142 585);

— order the defendants to pay the costs.

Pleas in law and main arguments

The pleas in law and the main arguments are the same as those
raised in Case T-217/07 Las Palmeras v Council and Commission.

Action brought on 19 July 2007 — Mediterráneo Algodón
v Council and Commission

(Case T-269/07)

(2007/C 223/20)

Language of the case: Spanish

Parties

Applicant: Mediterráneo Algodón, SA (Sevilla, Spain)
sented by: L. Ortiz Blanco, lawyer)

(repre-

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

Form 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 three million
two hundred and seventy-three thousand one hundred and
forty-seven euros (EUR 3 273 147);

— order the defendants to pay the costs.

Pleas in law and main arguments

The pleas in law and the main arguments are the same as those
raised in Case T-217/07 Las Palmeras v Council and Commission.