CELEX: C2004/179/16
Language: en
Date: 2004-07-10 00:00:00
Title: Case C-211/04: Action brought on 12 May 2004 by the Italian Republic against the Commission of the European Communities

10.7.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 179/8
            
         Action brought on 12 May 2004 by the Italian Republic against the Commission of the European Communities
   (Case C-211/04)
   (2004/C 179/16)
   An action against the Commission of the European Communities was brought before the Court of Justice of the European Communities on 12 May 2004 by the Italian Republic, represented by Ivo Maria Braguglia, acting as Agent, assisted by Maurizio Fiorelli, Avvocato dello Stato.
   The applicant claims that the Court should:
   
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               annul Commission Regulation (EC) No 316/2004 (1) amending Regulation (EC) No 753/2002 (2) laying down certain rules for applying Council Regulation (EC) No 1493/1999 (3) as regards the description, designation, presentation and protection of certain wine sector products, in particular as regards the amendment of Articles 24, 36 and 37 of Regulation No 753/2002 concerning the protection of traditional terms.
            
         Pleas in law and main arguments
   The applicant claims that the regulation amending Regulation No 753/2002 is vitiated by reason of:
   
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               unlawful procedure for the adoption of the regulation on the grounds of infringement of procedural rules and failure to ensure the right to be heard effectively;
            
         
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               failure to compare the interests of Community producers with those of producers outside the Community;
            
         
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               lack of power and infringement of the rules of the Council;
            
         
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               infringement of Article 24(3) of the TRIPS agreement.
            
         
      (1)  OJ L 55 of 24.02.2004, p. 16.
   
      (2)  OJ L 118 of 04.05.2004, p. 1.
   
      (3)  OJ L 179 of 14.07.1999, p. 1.