CELEX: C2003/031/25
Language: en
Date: 2003-02-08 00:00:00
Title: Case T-334/02: Action brought on 28 October 2002 by the company Tipopiitiria Thivas A.E. — Viomikhania Siskevasias Tipopiisis kai Sintirisis Agrotikon Proïonton against the Commission of the European Communities

8.2.2003                 EN                          Official Journal of the European Union                                              C 31/17
and territories of sugar sector products with EC/OCT cumu-                   Pleas in law and main arguments
lation of origin (OJ 2000 L 246, p. 64) and secondly for
damages — the Court of First Instance (Third Chamber),
composed of M. Jaeger, President, K. Lenaerts and J. Azizi,                  The applicant, a public limited company whose seat is
Judges; J. Plingers, Administrator, for the Registrar, has given a           in Athens, has as its business the production, packaging,
judgment on 14 November 2002, in which it:                                   standardisation and preservation of, and trade in, agricultural
                                                                             products. It was founded pursuant to an improvement plan
                                                                             drawn up under Regulations (EEC) No 355/77 and No 866/90
1.    Orders that Cases T-332/00 and T-350/00 be joined for the              for co-financing by the European Community and the Greek
      purposes of the judgment;                                              State.
2.    Dismisses the applications;
                                                                             The applicant submits that, following the adoption of a
3.    Orders each of the applicants to bear its own costs, and pay           measure relating to the market by the Greek authorities, it was
      those incurred by the Commission in the case it has brought,           reduced to an extremely poor financial position and its
      including, in the case of the applicant in Case T-350/00, those        operation became problematic.
      incurred by it in the proceedings for interim relief;
                                                                             By its application, it accuses the Commission of inaction and
4.    Orders the interveners to bear their own costs.                        delaying tactics since, notwithstanding the applicant’s repeated
                                                                             requests and its approaches to various Community authorities,
                                                                             the Commission failed:
( 1) OJ C 4 of 6.1.01 and C 45 of 10.2.01.
                                                                             —      to abolish the Community financial assistance under
                                                                                    Article 23 of Regulation No 4253/88 (1);
                                                                             —      to initiate, against the Hellenic Republic, the procedure
                                                                                    under Article 226 EC for breach of Community law.
Action brought on 28 October 2002 by the company                             In this connection, the applicant submits that the Commission
Tipopiitiria Thivas A.E. — Viomikhania Siskevasias Tipo-                     infringed Regulation No 4253/88, exceeded the limits of
piisis kai Sintirisis Agrotikon Proïonton against the Com-                   its discretion and offended against the principle of equal
            mission of the European Communities                              treatment.
                           (Case T-334/02)                                   (1 ) Council Regulation (EEC) No 4253/88 of 19 December 1988,
                                                                                  laying down provisions for implementing Regulation (EEC)
                                                                                  No 2052/88 as regards coordination of the activities of the
                           (2003/C 31/25)                                         different Structural Funds between themselves and with the
                                                                                  operations of the European Investment Bank and the other
                                                                                  existing financial instruments (OJ No L 374, 31.12.1998, p. 1).
                     (Language of the Case: Greek)
An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 28 October 2002 by the company
Tipopiitiria Thivas A.E. — Viomikhania Siskevasias Tipopiisis                Action brought on 21 November 2002 by Air One S.p.A.
kai Sintirisis Agrotikon Proïonton, whose seat is in Athens                     against the Commission of the European Communities
(Greece), represented by Ioannis Stamoulis, of the Athens Bar,
with an address for service in Luxembourg.
                                                                                                         (Case T-344/02)
The applicant claims that the Court should:                                                               (2003/C 31/26)
—     allow the present application challenging the failure                                       (Language of the case: Italian)
      of the European Commission to abolish Community
      assistance;
—     declare that the European Commission has unlawfully                    An action was brought before the Court of First Instance of
      failed to abolish the Community financial assistance;                  the European Communities on 21 November 2002 by the
                                                                             abovementioned applicant, represented by G. Belotti, against
—     order the European Commission to pay the costs.                        the Commission of the European Communities.