Case T-349/07: Action brought on 7 September 2007 — FMC Chemical and Others v Commission
Date: 2007-11-10
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), dangerous substance, marketing restriction, pharmaceutical product, plant health legislation, plant health product

C 269/62

EN

Official Journal of the European Union

10.11.2007

Fourth, according to the applicant, it is apparent from neither
the statement of grounds in the contested decision nor the
underlying national decision that it can still be regarded as facili-
tating terrorist acts.

Finally, the applicant complains of breach of the principle of
proportionality, of essential procedural requirements inasmuch
as the Council has not investigated the desirability of main-
taining the applicant on the list, of the right to unfettered enjoy-
ment of property, and of the requirement for a proper statement
of reasons.

Action brought on 14 September 2007 — Commission v
Rednap

(Case T-352/07)

(2007/C 269/113)

Language of the case: Swedish

(1) 2001/931/CFSP (OJ 2001 L 344, p. 93).

Parties

Action brought on 7 September 2007 — FMC Chemical
and Others v Commission

(Case T-349/07)

(2007/C 269/112)

Language of the case: English

Parties

Applicants: FMC Chemical SPRL (Brussels, Belgium), Satec
Handelsgesellschaft mbH (Elmshorn, Germany), Belchim Crop
Protection NV (Londerzeel, Belgium), FMC Foret SA (Sant Cugat
(Bratislava,
del Valles, Spain), F&N Agro Slovensko s.r.o.
Slovakia), F&N Agro Ceská republika s.r.o.
(Prague, Czech
(Warsaw, Poland) and
Republic), F&N Agro Polska sp. z.o.o.
FMC Corp. (Philadelphia, United States of America) (represented
by: C. Mereu and K. Van Maldegem, lawyers)

Defendant: Commission of the European Communities

Form of order sought

Applicant: Commission of the European Communities (repre-
sented by: D. Triantafyllou and J. Enegren, acting as Agents)

Defendant: Rednap (Malmö, Sweden)

Form of order sought

— Order the defendant to

— pay the claimant

the sum of EUR 516 329,63 (five
hundred and sixteen thousand three hundred and
twenty-nine euros and sixty-three cents), broken down
into EUR 334 375,49 in capital and EUR 181 954,14
in late payment interest for the period from the last
payment date for the capital sum in accordance with the
relevant debit note to 31 July 2007 inclusive;

— pay late payment interest, from 1 August 2007 to the
date on which the debt is paid in its entirety, with regard
to the debt under contract DE 3010 (DE) ‘RISE’, in the
daily amount of EUR 72,04 (seventy-two euros and four
cents) and, with regard to the debt under contract
HC 4007 (HC) ‘HEALTHLINE’, in the daily amount of
EUR 37,89 (thirty-seven euros and eighty-nine cents);

— pay the costs of these proceedings.

Pleas in law and main arguments

— Order the annulment of Decision 2007/415/EC;

— declare the illegality and inapplicability vis-à-vis the first
its carbosulfan dossier of

applicants and the review of
Article 20 of Commission Regulation (EC) No 1490/2002;

— order the defendant to pay all costs and expenses in these

proceedings.

The applicant claims in the present case, which is based on an
arbitration clause, that the defendant is obliged to reimburse an
excess payment made by the Commission in connection with
the performance of contracts No DE 3010 (DE)
‘RISE’ and
No HC 4007 (HC) ‘HEALTHLINE’ concerning the information
technology project in which the Commission was involved with
the defendant in the latter's capacity as a member of a consor-
tium.

Pleas in law and main arguments

The pleas in law and main arguments relied on by the applicants
are identical or similar to those relied on in Case T-326/07
Cheminova and Others v Commission.

After audits of the defendant's accounts for the contracts, the
Commission reached the conclusion that the defendant had not
used the entire amount paid for implementation of the project.
The applicant has
the
outstanding amount which gives rise to this action.

frequently requested repayment of