CELEX: C2000/316/56
Language: en
Date: 2000-11-04 00:00:00
Title: Case T-215/00: Action brought on 22 August 2000 by Société Civile d'Exploitation Agricole La Conqueste against the Commission of the European Communities

4.11.2000               EN                     Official Journal of the European Communities                                       C 316/29
The applicant claims that the Court should:                               The applicant claims that the Court should:
—     annul the decision of the Commission deducting 2 ×                  —     annul Commission Regulation (EC) No 1338/2000 of
      BEF 60 000 from his monthly salary;                                       26 June 2000;
—     order the defendant to pay to the applicant interest at the         —     order the Commission to pay all the costs, with all the
      legal rate from 21 December 1999;                                         legal consequences which that entails.
—     order the defendant to pay the costs.
                                                                          Pleas in law and principal arguments
Pleas in law and main arguments
                                                                          The present action is directed against Commission Regulation
By order of 4 December 1997 made in Case C-60/97 X v                      (EC) No 1338/2000 of 26 June 2000 supplementing the
Commission (1), the Court of Justice dismissed the appeal                 Annex to Regulation (EC) No 2400/96 on the entry of certain
lodged against the judgment delivered by the Court of                     names in the Register of protected designations of origin and
First Instance on 12 December 1996 in Case T-130/95 X v                   protected geographical indications provided for in Council
Commission (2). The applicant/appellant in those proceedings              Regulation (EEC) No 2081/92 on the protection of geographi-
was ordered to pay the costs.                                             cal indications and designations of origin for agricultural
                                                                          products and foodstuffs (1), in so far as it recognises ‘canard à
The applicant in the present case, who was also the appli-                foie gras du Sud-Ouest’ as a protected geographical indication.
cant/appellant in the cases cited above, contests the defendant’s
decision to deduct at source from his salary a sum equivalent             In support of its claims, the applicant pleads:
to the costs which, according to the Commission, were
incurred by it in the proceedings before the Court of Justice
and the Court of First Instance.                                          —     that the French authorities have failed to comply with the
                                                                                essential procedural requirements laid down in
                                                                                Article 7(2) and (3) of Regulation (EEC) No 2081/92 of
In support of his claims, the applicant pleads:                                 14 July 1992 on the protection of geographical indi-
                                                                                cations and designations of origin for agricultural prod-
—     infringement of Articles 62 and 85 of the Staff Regu-                     ucts and foodstuffs (2);
      lations of officials;
                                                                          —     that the protected geographical indication (PGI) in issue
—     abuse of powers in the present case;
                                                                                cannot be registered, in the light of the requirements laid
                                                                                down by the applicable Community rules. In that regard,
—     failure to fulfil the obligation to provide a statement of
                                                                                the applicant states in particular that the promoters of
      reasons.
                                                                                the PGI have sought to procure the attachment of
                                                                                extremely rigorous conditions to the production of
(1) Not published.                                                              ‘canard du Sud-Ouest’ which have nothing to do with the
(2) [1996] ECR-SC I-A-603 and [1996] ECR-SC II-1609.                            origin or monitoring of such production or the quality of
                                                                                the production of ducks and ‘foie gras’, but which tend to
                                                                                place the greatest emphasis on a purely small-scale
                                                                                production structure, despite the fact that such a structure
                                                                                has no bearing whatever on the authenticity or quality of
                                                                                the manufactured products. The requirements imposed
                                                                                have no connection, therefore, with any attempt to secure
                                                                                protection in respect of geographical origin, and cannot
Action brought on 22 August 2000 by Société Civile                              legally form part of the registration of the PGI without
d’Exploitation Agricole La Conqueste against the Com-                           distorting the object of the European protection pro-
            mission of the European Communities                                 cedure.
                          (Case T-215/00)                                       The applicant further claims that those unwarranted
                                                                                conditions attaching to the registration of the PGI of
                          (2000/C 316/56)                                       ‘canard à foie gras du Sud-Ouest’ indicate a wish to distort
                                                                                free competition amongst the producers of ‘foie gras du
                                                                                Sud-Ouest’ themselves.
                    (Language of the case: French)
An action against the Commission of the European Communi-                 (1) OJ L 154 of 27.6.2000, p. 5.
ties was brought before the Court of First Instance of the                (2) OJ L 208 of 24.7.1992, p. 1.
European Communities on 22 August 2000 by Société Civile
d’Exploitation Agricole La Conqueste, established at Morlaas
(France), represented by Arnaud Lyon-Caen, of the Paris Bar.