CELEX: C2004/251/49
Language: en
Date: 2004-10-09 00:00:00
Title: Case T-295/04: Action brought on 22 July 2004 by Centro Provincial de Jóvenes Agricultores de Jaén against Council of the European Union

9.10.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 251/27
            
         Action brought on 22 July 2004 by Centro Provincial de Jóvenes Agricultores de Jaén against Council of the European Union
   (Case T-295/04)
   (2004/C 251/49)
   Language of the case: Spanish
   An action against Council of the European Union was brought before the Court of First Instance of the European Communities on 22 July 2004 by Centro Provincial de Jóvenes Agricultores de Jaén, established in Jaen (Spain), represented by José Francisco Vázquez Medina, of the Jaen Bar.
   The applicant claims that the Court should:
   
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               annul ipso jure Article 1(7) of Council Regulation (EC) No 864/04
            
         
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               reserve its decision on costs.
            
         Pleas in law and main arguments
   The applicant is contesting the abovementioned provision insofar as it includes, exclusively in respect of olive oil, the 1999/2000 marketing year together with the other 3 planned for the remaining agricultural sectors (2000/2001, 2001/2002 and 2002/2003), for the determination of the direct support to be provided for producers.
   In support of its claims, the applicant maintains that not only is there an inadequate statement of reasons for the contested provision, contrary to the duty to provide reasons, it also discriminates against certain regions and many farmers in view of the fact that in the 1999/2000 marketing year the harvest was very poor in Andalusia, particularly in Jaen. Thus, by calculating the assistance to be provided by taking into account the aforementioned marketing year, olive oil producers in Jaen, together with others in Cordoba and Granada, will, by that mere fact, suffer serious economic harm and thus be discriminated against.
   Finally, the applicant alleges misuse of powers.