Order of the Court of First Instance of 22 May 2007 - Italy v Commission
(Health requirements - Italian market for poultrymeat - Failure of the Commission to take exceptional measures to alleviate the consequences of the epidemic of avian influenza - Action for a declaration of failure to act - Definition of position bringing the failure to act to an end - No need to adjudicate)
Language of the case: Italian
Parties
Applicant: Italian Republic (represented by G. Aiello, acting as Agent)
Defendant: Commission of the European Communities (represented by C. Cattabriga, acting as Agent)
Re:
Action for a declaration of failure to act brought on the basis of Article 232 EC and seeking a declaration that the Commission failed to comply with the obligations imposed on it under Article 14 of Council Regulation (EEC) No 2777/75 of 29 October 1975 on the common organisation of the market in poultrymeat (OJ 1975 L 282, p. 77) by failing to adopt exceptional measures to support the market in the poultrymeat sector, in the form of compensation for the producers of day-old chickens affected by veterinary measures taken in order to alleviate the consequences of avian influenza and restricting their movement during the period from December 1999 to September 2003.
Operative part of the order
1. There is no longer any need to adjudicate on the present action;
2. Each party is to bear its own costs.
____________1 - OJ C 326, 30.12.2006.