CELEX: C1998/072/48
Language: en
Date: 1998-03-07 00:00:00
Title: Action brought on 23 December 1997 by Regione Puglia against the Commission of the European Communities (Case T-609/97)

7.3.98                EN                 Official Journal of the European Communities                                         C 72/21
Ð in any event, order the Commission of the European                1997 marketing year (1). Under Article 1, for the 1996/
     Communities to pay the costs.                                  1997 olive oil marketing year the estimated production
                                                                    shall be 1 859 400 tonnes, and the unit amount of the
                                                                    production aid that may be paid in advance shall be ECU
Pleas in law and main arguments adduced in support:                 90,32 per 100 kilograms'. The applicant is of the view in
                                                                    this regard that that provision was adopted on the basis of
                                                                    the olive oil production forecast provided by the Member
The pleas in law and main arguments are similar to those            States to the Management Committee for Oils and Fats.
relied upon in Case T-288/97 Regione Friuli-Venezia
Giulia v. Commission (1).
                                                                    The applicant's main complaint concerns the aid
                                                                    coefficient which, given the enormous production forecast
( ) OJ C 7, 10.1.1998, p. 25.
 1
                                                                    by Spain, led to an exceptional overstepping of the
                                                                    guaranteed maximum quantity (GMQ) included in the
                                                                    price, which within the system of the common
                                                                    organisation of the market in olive oil was such as to
                                                                    reduce by approximately 30 % the amount of the unit
                                                                    production aid for the 1996/1997 marketing year (which
                                                                    was moreover reduced by nearly 10 % in the preceding
Action brought on 23 December 1997 by Regione Puglia                year), thus having a devastating and decisive impact on
   against the Commission of the European Communities               the Italian agricultural economy, in particular on that of
                       (Case T-609/97)                              Regione Puglia which, in the applicant's view, is in
                                                                    absolute terms the foremost olive-oil producing region in
                          (98/C 72/48)                              the context of Community countries, together with
                                                                    Andalusia.
                (Language of the case: Italian)
                                                                    The arguments of Regione Puglia centre essentially on the
                                                                    fact that the Commission fixed the amount of the unit aid
An action against the Commission of the European                    on the basis of a statement of production by Spain and is
Communities was brought before the Court of First                   not based on information drawn from the mandatory
Instance of the European Communities on 23 December                 register of olive cultivation provided for by Council
1997 by Regione Puglia, represented by Francesco Rosi               Regulation (EEC) No 154/75 of 21 January 1975 (2).
and Antonio Campagnola, of the Rome Bar, with an                    Moreover, the said State does not have a monitoring body
address for service in Luxembourg at the Chambers of                at national level, as required by Community law. Thus
Penning & AssocieÂs, 31 Grand-Rue.                                  information on Spanish olive production lacks the
                                                                    objective verification demanded by the Community.
The applicant claims that the Court should:
                                                                    The applicant also states in this regard that the
                                                                    Commission failed to carry out an investigation and to
Ð annul Commission            Regulation  No    1979/97    of       verify the information forwarded. The applicant is of the
     10 October 1997,                                               view in this regard that the contested regulation creates a
                                                                    serious disparity between the way in which are treated
                                                                    those producer countries which, by adhering to the
Ð in the alternative, annul Regulation No 1979/97 in so             obligations imposed by Community regulations, have their
     far as it accepts as correct the statement on Spain's          aid reduced, and other countries such as Spain which
     production and in any event declare unlawful the               manage to have an exceptional level of production
     production value declared by Spain itself and thus             accepted without it being submitted to the investigation
     redetermine the amount of the unit aid on the basis of         procedures provided for by the legislation in force. So far
     the production declared by the States by reference to          as Regione Puglia is concerned, to declare such a situation
     the usual information in accordance with the                   lawful, endorsing the defendant's conduct, would amount
     Community legislation in force,                                to legitimizing a situation of absolute uncertainty to the
                                                                    extent of completely negating the role of the GMQ and
                                                                    even undermining the common organization itself of the
Ð order the Commission to pay the costs.                            market.
                                                                    (1) OJ L 278, 11.10.1997, p. 12.
Pleas in law and main arguments adduced in support:                 (2) Regulation (EEC) No 154/75 of the Council of 21 January
                                                                        1975 on the establishment of a register of olive cultivation in
                                                                        the Member States producing olive oil (OJ L 19, 24.1.1975,
By the present action Regione Puglia contests Regulation                p. 1).
No 1979/97 of 10 October 1997 fixing the estimated
production of olive oil and the amount of the unit
production aid that may be paid in advance for the 1996/