CELEX: C2000/135/47
Language: en
Date: 2000-05-13 00:00:00
Title: Case T-61/00: Action brought on 20 March 2000 by Associazione Produttori Olivicoli Laziali — APOL — against Commission of the European Communities

13.5.2000             EN                       Official Journal of the European Communities                                      C 135/27
Action brought on 20 March 2000 by Associazione Pro-                      In support of its claim, the applicant alleges that:
duttori Olivicoli Laziali — APOL — against Commission
                of the European Communities
                                                                          — by making the ‘objective finding’ that it never ‘carried on a
                                                                              significant economic activity’, the defendant has not taken
                         (Case T-61/00)                                       into account the fact that the situation was beyond the
                                                                              applicant’s control;
                        (2000/C 135/47)
                                                                          — Infringement and misapplication of Article 17(2)(b) of
                                                                              Regulation No 355/77, in particular, inasmuch as it may
                   (Language of the case: Italian)                            be doubted whether it is correct to interpret that provision
                                                                              to mean that withdrawal of the national contribution,
An action against the Commission of the European Communi-                     granted without any consultation with the other contribu-
ties was brought before the Court of First Instance of the                    ting body, should automatically entail withdrawal of
European Communities on 20 March 2000 by Associazione                         Community funding.
Produttori Olivicoli Laziali — APOL, represented by Emilio
Cappelli, Paolo De Caterini, Fabio Lepri and Romano Vaccarel-
la, of the Rome Bar.
                                                                          (1) OJ 1977 L 51, p. 1.
The applicant claims that the Court should:
— Annul Commission Decision C(1999)4561 of 14 Decem-
     ber 1999 in accordance with the second paragraph of
     Article 173 of the EC Treaty (now, after amendment, the
     second paragraph of Article 230 EC) and, in so far as
     necessary and appropriate, disapply all other measures
     flowing therefrom;
— order the Commission to pay the costs.
                                                                          Action brought on 20 March 2000 by the Associazione
                                                                          Italiana Produttori Olivicoli (AIPO) against the Com-
                                                                                     mission of the European Communities
Pleas in law and main arguments
The present application has been brought against Commission                                        (Case T-62/00)
Decision C(1999)4561 of 14 December 1999 withdrawing
the financial contribution granted to the applicant, an associ-
ation of producers operating in Lazio, by Decision C(84)                                          (2000/C 135/48)
1100/293. The applicant observes that in March 1983 it
submitted to the Commission, through the offices of the Lazio
Regional authority and the Ministry of Agriculture, a duly                                   (Language of the case: Italian)
drawn up request seeking Community and national contri-
butions for the construction of a plant for the storing,
processing and marketing of olive oil, in accordance with                 An action against the Commission of the European Communi-
Council Regulation (EEC) No 355/77 of 15 February 1977 on                 ties was brought before the Court of First Instance of the
common measures to improve the conditions under which                     European Communities on 20 March 2000 by the Associa-
agricultural products are processed and marketed (1).                     zione Italiana Produttori Olivicoli (AIPO), represented by
                                                                          Emilio Cappelli, Paolo De Caterini, Fabio Lepri and Romano
Once the plant had been constructed, however, the applicant               Vaccarella, of the Rome Bar.
soon found itself in difficulty with regard to running it within
the means it could afford, given the low take-up by its own
members of the marketing opportunities now open to them,                  The applicant claims that the Court should:
moreover, the market conditions had in the meantime changed
entirely. A modest level of activity was nevertheless achieved
periodically from the olive oil 1991-1992 marketing year.                 — annul Commission Decision C(1999) 4559 of 14 Decem-
Thus, in the summer of 1994, the applicant decided to seek a                  ber 1999 in accordance with Articles 173 of the EC Treaty
private partner.                                                              (now, after amendment, Article 230 EC) and Article 174
                                                                              of the EC Treaty (now Article 231 EC) and, in so far as is
                                                                              necessary and appropriate, disapply all other measures
Following certain difficulties with that partner, which led the               flowing therefrom;
applicant to bring the matter before the courts a receiver was
finally appointed. All of this was necessarily detrimental to the
applicant’s business activities.                                          — order the Commission to pay the costs of the action.