CELEX: C2000/335/95
Language: en
Date: 2000-11-25 00:00:00
Title: Case T-321/00: Action brought on 30 October 2000 by Sinaga, Sociedade de Indústrias Agrícolas Açoreanas, SA, against the Commission of the European Communities

C 335/50                EN                     Official Journal of the European Communities                                        25.11.2000
Action brought on 30 October 2000 by Sinaga, Sociedade                          the forecast made in Regulation (EC) No 1481/2000 are
de Indústrias Agrı́colas Açoreanas, SA, against the Com-                       unfair and unreasonable.
            mission of the European Communities
                                                                          (1) Commission Regulation (EC) No 1481/2000 of 6 July 2000
                          (Case T-321/00)                                     establishing the sugar forecast supply balance for 2000/01 for the
                                                                              Azores, Madeira and the Canary Islands provided for in Council
                          (2000/C 335/95)                                     Regulations (EEC) No 1600/92 and (EEC) No 1601/92 (OJ 2000
                                                                              L 167, p. 6).
                  (Language of the case: Portuguese)
An action against was brought before the Court of First
Instance of the European Communities on 30 October 2000
by Sinaga, Sociedade de Indústrias Agrı́colas Açoreanas, SA,             Action brought on 13 October 2000 by Cecilio Alonso de
whose registered office is at 75 Rua de Lisboa, Ponta Delgada,            Miguel and 20 Others against Commission of the Euro-
Azores, represented by Dr Mário Marques Mendes, with an                                          pean Communities
address for service in Luxembourg at the Chambers of Aloyse
May, 398 Route d’Esch, Luxembourg.                                                                  (Case T-322/00)
The applicant claims that the Court should:                                                         (2000/C 335/96)
—     find the application admissible;                                                        (Language of the case: French)
—     annul that part of Regulation No 1481/2000 (1) which                An action against the Commission of the European Communi-
      reads ‘objective data provided by the Portuguese ...                ties was brought before the Court of First Instance of the
      authorities in line with local market requirements’ and             European Communities on 13 October 2000 by Cecilio Alon-
      the Annex thereto in so far as it establishes the sugar             so de Miguel and 20 Others, represented by Jean-Noël Louis et
      forecast supply balance for the Azores and hold that                Véronique Peere, of the Brussels Bar.
      earlier legislation continues to produce its effects;
                                                                          The applicants claim that the Court should:
—     order the Commission of the European Communities to
      pay the costs.                                                      —     annul the decision of the Commission rejecting the
                                                                                request submitted by the applicants for the repayment of
                                                                                the full amount paid by way of compliance with Spanish
Pleas in law and main arguments                                                 court orders, subject to deductions of entitlement to
                                                                                pension rights, pursuant to Article 11(2) of Annex VIII to
—     Infringement of Article 190 of the EC Treaty (now
                                                                                the Staff Regulations and of the interest calculated, in
      Article 253 EC) and Council Decision No 1999/468/EC
                                                                                accordance with the general implementing provisions, at
      of 28 June 1999: breach of an essential procedural
                                                                                the rate of 3,5 % per annum solely in respect of the
      requirement
                                                                                periods for which the rights credited have been reassessed;
—     Infringement of Article 190 of the EC Treaty (now                   —     order the defendant to pay the costs.
      Article 253 EC): manifestly inadequate and inconsistent
      statement of reasons
                                                                          Pleas in law and main arguments
—     Infringement of Articles 2, 3, and 8 of Council Regulation
      (EEC) No 1600/92 of 15 June 1992: the forecast supply               In support of their application, the applicants allege:
      balance does not take into account traditional trade flows
                                                                          —     infringement of Article 25 of the Staff Regulations;
—     Infringement of Article 227 of the EC Treaty (now, after
      amendment, Article 299 EC): failure to take account                 —     infringement of Article 11 of Annex VIII to the Staff
      of the said provision when interpreting and applying                      Regulations and of Article 4(2) of the general
      legislative provisions applicable to the extremely remote                 implementing provisions;
      areas                                                               —     unjust enrichment of the Communities, to the detriment
                                                                                of the applicants;
—     Infringement of Article 4(1) of the EC Treaty (now
      Article 7(1) EC): the Commission has exercised its execu-           —     absence of a legal basis; and
      tive powers in a manifestly abusive and unlawful manner
                                                                          —     breach of the general legal principle according to which
—     Breach of the principle of proportionality: the effects of                costs shall follow the event.