Case T-350/07: Action brought on 7 September 2007 — FMC Chemical and Others v Commission
Date: 2007-11-24
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), dangerous substance, marketing restriction, pharmaceutical product, plant health legislation, plant health product, withdrawal from the market

24.11.2007

EN

Official Journal of the European Union

C 283/29

Re:

Application to suspend the operation of the debit notes bearing
the numbers 3240905385, 3240905379, 3240905378 and
3240905393 issued by
the Commission in connection
with the contracts JAI/DAP/2000/338-C, JAI/2001/DAP/161/C,
JAI/2002/DAP/094-W and JAI/2003/DAP/080-W

Operative part of the order

1. The application is inadmissible.

2. The applicant shall bear its own costs.

The applicant pleads an error of fact and incorrect interpretation
of the Commission decision. More specifically, the applicant
infers that its obligation was exclusively to plant the trees and
did not in any event involve their subsequent survival, since any
subsequent destruction of the trees could not be attributed to
the municipality. Therefore, it considers that its legal obligation
was exhausted with regard to provision of the works and it was
not possible in that connection to seek the payment of sums
from it, except where the documentation submitted did not
meet the eligibility conditions laid down by the decision.

Also, the applicant submits that the contested measure infringes
the general principle requiring reasons to be stated for measures
of the Community institutions and the general principle of the
protection of legitimate expectations.

Action brought on 24 July 2007 — Dimos Peramatos v
Commission

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

(Case T-312/07)

(2007/C 283/53)

Language of the case: Greek

(Case T-350/07)

(2007/C 283/54)

Language of the case: English

Parties

Parties

Applicant: Dimos Peramatos (Municipality of Perama, Greece)
(represented by: G. Gerapetritis and P. Petropoulos)

Defendant: Commission of the European Communities

Form of order sought

— annul the contested measure so that any obligation owed by
the applicant to refund sums paid within the framework of
the project LIFE97/ENV/GR/000380 ceases or, in the alter-
native, amend the contested measure so as to oblige the
applicant to pay EUR 93 795,32, the sum calculated to be
the ineligible expenditure, as the Commission itself has
acknowledged;

— order the Commission to pay the costs of the proceedings
and in particular the costs incurred by the applicant on
lawyers' fees.

Pleas in law and main arguments

This application seeks the annulment of the Commission deci-
sion of 7 December 2005, served by bailiff on the applicant for
the purposes of enforcement on 17 May 2007, relating to Debit
Note No 3240504536 which was issued to the Municipality of
Perama to recover the financial contribution which had been
paid by the Commission in the context of
the subsidy
granted to the Municipality of Perama by Commission Decision
C(97)/1997/29 final.

Applicants: FMC Chemical SPRL (Brussels, Belgium), Arysta Life-
sciences SAS (Nogueres, France), Belchim Crop Protection NV
(Londerzeel, Belgium), FMC Foret SA (Barcelona, Spain), F&N
Agro Slovensko s.r.o.
(Bratislava, Slovakia), F&N Agro Česká
(Prague, Czech Republic), F&N Agro Polska
republika s.r.o.
(Warsaw, Poland), FMC Corp. (Philadelphia, United States) (repre-
sented by: K. Van Maldegem, C. Mereu, lawyers)

Defendant: Commission of the European Communities

Form of order sought

— Annulment of Commission Decision 2007/416/EC;

— declare the illegality and inapplicability vis-à-vis the appli-
cants and the review of the Carbofuran dossiers of Article 20
of Commission Regulation (EC) No 1490/2002;

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

proceedings.

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.