Case T-576/08: Judgment of the General Court of 13 April 2011 — Germany v Commission (Agriculture — Common organisation of the markets — Distribution of food from intervention stocks for the benefit of the most deprived persons — Regulation (EC) No 983/2008 — Plan allocating to the Member States resources to be charged to the 2009 budget year for the distribution programme — Mobilisations on the market — Actions for annulment)
Date: 2011-04-13
Institutions: General Court
Subjects: EU law, action for failure to fulfil an obligation, human nutrition, poverty, regions of Germany, storage of food








C_2011160EN.01001603.xml










28.5.2011   


EN


Official Journal of the European Union


C 160/16





Judgment of the General Court of 13 April 2011 — Germany v Commission
(Case T-576/08) (1)

(Agriculture - Common organisation of the markets - Distribution of food from intervention stocks for the benefit of the most deprived persons - Regulation (EC) No 983/2008 - Plan allocating to the Member States resources to be charged to the 2009 budget year for the distribution programme - Mobilisations on the market - Actions for annulment)
2011/C 160/21
Language of the case: German

Parties


Applicant: Federal Republic of Germany (represented by: initially M. Lumma and B. Klein, then M. Lumma, B. Klein, T.Henze and N. Graf Vitzthum, acting as Agents)

Defendant: European Commission (represented by: F. Erlbacher and A. Szmytkowska, acting as Agents)

Intervener in support of the applicant: Kingdom of Sweden (represented by A. Falk, K. Petkovska, S. Johannesson and M. A Engman, acting as Agents)

Interveners in support of the defendant: Kingdom of Spain (represented by B. Plaza Cruz, acting as Agent); French Republic (represented by G. de Bergues and B. Cabouat, acting as Agents); Italian Republic (represented initially by I. Bruni, acting as Agent, and subsequently par M. P. Gentili, avvocato dello Stato); and Republic of Poland (represented initially by M. Dowgielewicz, and subsequently by M. Szpunar, and finally by Szpunar, B. Majczyna and M. Drwiecki, acting as Agents)

Re:

ACTION for partial annulment of Commission Regulation (EC) No 983/2008 of 3 October 2008 adopting the plan allocating to the Member States resources to be charged to the 2009 budget year for the supply of food from intervention stocks for the benefit of the most deprived persons in the Community (OJ 2008 L 268, p. 3).

Operative part of the judgment

The Court:






1.


Annuls Article 2 of and Annex II to Commission Regulation (EC) No 983/2008 of 3 October 2008 adopting the plan allocating to the Member States resources to be charged to the 2009 budget year for the supply of food from intervention stocks for the benefit of the most deprived persons in the Community;










2.


Orders that the validity of allocations already made is not affected by the annulment of Article 2 of and Annex II to Regulation No 983/2008;










3.


Orders the European Commission to bear its own costs and to pay those incurred by the Federal Republic of Germany;










4.


Orders the Kingdom of Spain, the French Republic, the Italian Republic, the Republic of Poland and the Kingdom of Sweden to bear their own costs.






(1)  OJ C 55, 7.3.2009.