CELEX: C2000/149/67
Language: en
Date: 2000-05-27 00:00:00
Title: Case T-49/00: Action brought on 8 March 2000 by I.P.O.S.E.A. di Giusto Masiello & Figli v Commission of the European Communities

27.5.2000              EN                      Official Journal of the European Communities                                       C 149/35
The essence of the applicant’s pleas in law and main arguments            The contested regulation, it is claimed, entirely upset the
are similar to those in Cases T-186/97 (1), T-187/97, T-191/97,           existing situation. Its effect is to exclude from the scope of
T-192/97, T-210/97 and T-211/97.                                          code 2001 90 50 mushrooms preserved in vinegar which still
                                                                          have a salt content in excess of 2,5 % even if such salt is added
                                                                          only for the purposes of preparation and not preservation.
(1) OJ 1997 C 318, p. 17.                                                 Those products will henceforth be subjected to the severest
                                                                          tariff conditions laid down for code 2003 10 of the combined
                                                                          nomenclature.
                                                                          In support, the applicant claims:
                                                                          — The Commission lacks competence by virtue of Article 26
                                                                               of the EC Treaty;
Action brought on 8 March 2000 by I.P.O.S.E.A. di Giusto                  — Article 9 of Regulation No 2658/87, the legal basis of the
Masiello & Figli v Commission of the European Communi-                         contested regulation, has been infringed and misapplied,
                               ties                                            in that the powers of the Commission provided for therein,
                                                                               being of an executive nature, may not be used in order to
                                                                               amend provisions of a substantive nature which define the
                          (Case T-49/00)                                       tariff conditions for goods. Secondly, in this case the
                                                                               requirements for amending the pre-existing provisions are
                                                                               not satisfied;
                         (2000/C 149/67)
                                                                          — The principle of equal treatment has been infringed in that
                                                                               the new regulation is extremely onerous only for the
                                                                               producers and importers of mushrooms which are pre-
                   (Language of the case: Italian)                             served in vinegar but are prepared using a high salt content.
An action against the Commission of the European Communi-                 The applicant also considers that the contested regulation
ties was brought before the Court of First Instance on 8 March            contains an inadequate and contradictory statement of reasons
2000 by I.P.O.S.E.A. di Giusto Masiello & Figli, represented              and infringes the principle of proportionality and the principle
by Andrea Guarino and Alain Lorang, of the Rome and                       of the protection of legitimate expectations.
Luxembourg Bars respectively.
The applicant claims that the Court of First Instance should:             (1) OJ L 321 of 14.12.1999, p. 3.
                                                                          (2) OJ L 170 of 28.6.1997, p. 13.
— Annul Commission Regulation No 2626/99;
— Order the Commission to pay the costs.
Pleas in law and main arguments
                                                                          Action brought on 8 March 2000 by Dalmine SpA against
                                                                                 the Commission of the European Communities
The applicant in this case, an importer of preserved vegetables
for human consumption, takes exception to Commission
Regulation (EC) No 2626/99 amending Annex I to Council                                              (Case T-50/00)
Regulation (EEC) No 2658/87 on the tariff and statistical
nomenclature and on the Common Customs Tariff(1). One of
the main products in which it deals is cooked mushrooms of                                         (2000/C 149/68)
the ‘agaricus’ variety preserved in vinegar. Salt is then added to
them, in a concentration varying between 15 and 25 %.
                                                                                              (Language of the case: Italian)
Under the combined nomenclature established by Regulation
No 2685/87, mushrooms of the ‘agaricus’ variety could be                  An action against the Commission of the European Communi-
classified under three headings. To resolve this problem,                 ties was brought before the Court of First Instance of the
Commission Regulation (EC) No 1196/97 of 27 June 1997                     European Communities on 8 March 2000 by Dalmine SpA,
concerning the classification of certain goods in the combined            represented by Mario Siragusa and Francesca Maria Moretti, of
nomenclature was adopted (2).                                             the Rome and Venice Bars.