Case T-228/08: Action brought on 18 June 2008 — Szomborg v Commission
Date: 2008-06-18
Institutions: Court of First Instance
Subjects: European Commission, action for failure to act, fishing net, fishing regulations, marine mammal, scientific report, technical regulations

15.8.2008

EN

Official Journal of the European Union

C 209/57

Action brought on 11 June 2008 — Bundesverband
Deutscher Milchviehhalter and Others v Council

Action brought on 18 June 2008 — Szomborg v
Commission

(Case T-217/08)

(2008/C 209/102)

Language of the case: German

(Case T-228/08)

(2008/C 209/103)

Language of the case: Polish

Parties

Applicants: Bundesverband Deutscher Milchviehhalter eV (Bonn
Germany), Romuald Schaber (Petersthal, Germany), Stefan Mann
(Eberdorfergrund, Germany)
(Körchow,
Germany)
(represented by: W. Renner and O. Schniewind,
lawyers)

and Walter Peters

Parties

Applicant: Grzegorz Szomborg (Jastarnia, Poland)
by R. Nowosielski, lawyer)

(represented

Defendant: Council of the European Union

Defendant: Commission of the European Communities

Form of order sought

Form of order sought

— declare that Council Regulation (EC) No 248/2008 of
17 March 2008 amending Regulation (EC) No 1234/2007
as regards the national quotas for milk (OJ 2008 L 76, p. 6)
is invalid;

— order the defendant to pay the costs.

Pleas in law and main arguments

applicant brings

The
an action against Regulation (EC)
No 248/2008 (1) by which the national quotas for milk laid
down in Annex IX to Regulation (EC) No 1234/2007 (2) until
1 August 2008 to facilitate greater milk production in the Com-
munity and to meet the new requirements of the market in
milk were increased by 2 %.

In support of
its action the applicant claims, first, that the
increase in the national quotas for milk is a misuse of discre-
tionary powers since it pursues grounds other than those indi-
cated in the recitals.

In addition the regulation being challenged infringes the EC
Treaty, as Article 37(2) EC is applied erroneously as a provision
authorising disregard of the objectives set out in Article 33(1)(a)
and (b) EC, the environmental protection requirements within
the meaning of Article 6 EC has been unlawfully disregarded
and the duty of conservation and safeguarding of cultural heri-
tage in the Community under Article 151 EC has been
infringed.

Furthermore, there is an infringement of the applicant's freedom
to choose a profession and to own property and of the principle
of non-discrimination.

— declare that the Commission failed to act, in breach of its
obligations under Article 27 of Council Regulation (EC)
No 2187/2005 of 21 December 2005 (1), in that it did not
publish a scientific assessment of the effects of using in par-
ticular gillnets, trammel nets and entangling nets on ceta-
ceans and did not present
its findings to the European
Parliament and the Council;

— order the Commission to bear its costs;

— order the applicant's costs to be reimbursed.

Pleas in law and main arguments

In accordance with Article 27 of Council Regulation
No 2187/2005 the Commission was obliged to ensure by
1 January 2008 that a scientific assessment was conducted of
the effects of using in particular gillnets, trammel nets and
entangling nets on cetaceans and its findings presented to the
European Parliament and the Council. In connection with the
failure to present such a report within the prescribed period, the
applicant called on the Commission to act, by letter of
25 February 2008. In reply to the applicant's call to act, the
Commission asserted that such a scientific assessment had not
yet been presented as a result of the lack of cooperation by
other parties.

Considering that
the Commission's
in those circumstances
failure to comply with its obligation under Article 27 of
Council Regulation No 2187/2005 is beyond dispute, the appli-
cant brought
failure to act under
Article 232 EC.

the present action for

(1) Council Regulation (EC) No 248/2008 of 17 March 2008 amending
Regulation (EC) No 1234/2007 as regards the national quotas for
milk (OJ 2008 L 76, p. 6).

(2) Council Regulation (EC) No 1234/2007 of 22 October 2007 estab-
lishing a common organisation of agricultural markets and on
specific provisions for certain agricultural products (OJ 2007 L 299,
p. 1).

(1) Council Regulation (EC) No 2187/2005 of 21 December 2005 for
the conservation of fishery resources through technical measures in
the Baltic Sea, the Belts and the Sound, amending Regulation (EC)
No 1434/98 and repealing Regulation (EC) No 88/98 (OJ 2005 L 349,
p. 1).