Case T-465/07: Action brought on 20 December 2007 — Salej and Technologie Buczek v Commission
Date: 2007-12-20
Institutions: Court of First Instance
Subjects: European Commission, Poland, State aid, action for annulment (EU), control of State aid, iron and steel industry, redemption

8.3.2008

EN

Official Journal of the European Union

C 64/41

There has been no infringement whatsoever of the provisions of
the EC Treaty or of secondary legislation thereunder and no
distorting effect on competition in the common market.

In accordance with the principle of equal treatment, the appli-
cant maintains that, given that the investment project in ques-
tion presents all the features presented by the Vila Galé project
— the subject of the Commission's decision of 15 October
2003 — the Commission's decision on State aid C 4/2006
ought to have been the same as the former decision.

Action brought on 19 December

2007 — Dow

Agrosciences BV and Others v Commission

(Case T-470/07)

(2008/C 64/67)

Language of the case: English

Action brought on 20 December 2007 — Salej and
Technologie Buczek v Commission

Parties

(Case T-465/07)

(2008/C 64/66)

Language of the case: Polish

Parties

Applicants: Emilian Salej, acting as receiver for Technologie
Buczek S.A. (Sosnowiec, Poland), and Technologie Buczek S.A.
(Sosnowiec, Poland) (represented by: D. Szlachetko-Reiter, legal
adviser)

Defendant: Commission of the European Communities

Form of order sought

— declare invalid Articles 1, 3(1) and 3(3) of the Commission
decision of 23 October 2007 in Case No C 23/2006
(ex NN 35/2006) concerning State aid granted by Poland to
the steel producer Grupa Technologie Buczek;

2007

23 October

— declare invalid Articles 4 and 5 of the Commission decision
of
in Case No C 23/2006
(ex NN 35/2006) concerning State aid granted by Poland to
the steel producer Grupa Technologie Buczek in so far as
those provisions concern the recovery of the aid mentioned
in Article 1 of the decision;

— order the Commission to pay the costs of the proceedings.

Pleas in law and main arguments

In support of the form of order sought, the applicants put
forward pleas in law identical to those raised by the applicant in
Case T-440/07 Huta Buczek v Commission (1).

(1) OJ 2008 C 22, p. 50.

Applicants: Dow Agrosciences BV (Rotterdam, Netherlands),
Dow AgroSciences Ltd (Hitchin, United Kingdom), Dow AgroS-
ciences SAS (Mougins, France), Dow AgroSciences Export SAS
(Mougins, France), Dow AgroSciences Italia Srl
Italy),
Dow AgroSciences Iberica SA (Madrid, Spain), Dow AgroS-
ciences Vertriebsgesellschaft mbH (Neusiedl am See, Austria),
Dow AgroSciences LLC (Indianapolis, United States) (represented
by: K. Van Maldegem, C. Mereu, lawyers)

(Milan,

Defendant: Commission of the European Communities

Form of order sought

— To

order
2007/619/EC;

the

annulment

of Commission Decision

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

proceedings.

Pleas in law and main arguments

The applicants seek the annulment of Commission Decision
2007/619/EC of 20 September 2007 concerning the non-inclu-
sion of 1,3-dichloropropene in Annex I to Council Directive
91/414/EEC (1)
(‘Directive 91/414’) and the withdrawal of
authorisations for plant protection products containing that
substance.

According to the applicants, the contested decision is unlawful
because of the following reasons:

(a) it infringes essential procedural requirements, as it is based
on a report
from the European Food Safety Authority
(‘EFSA’) that allegedly infringes Article 8(7) of Commission
Regulation 451/2000 (2); as the defendant infringed Article
8(8) of the above-mentioned regulation and as the contested
decision fails to comply with the applicable legislative proce-
dure, infringing thus, Articles 5 EC, 7 EC and Article 5 of
Decision 1999/468 (3);