Judgment of the General Court (Seventh Chamber) of 17 January 2012 – Italy v Commission

(Case T-135/07)

Health policy – Avian influenza – Italian market in poultrymeat – Request of the Italian authorities to adopt exceptional measures to support the market – Commission decision rejecting that request

1.                     Agriculture – Common organisation of the markets – Poultrymeat – Discrimination between producers or consumers – Prohibition – Scope – Discretion of EU institutions with regard to the Common Agricultural Policy – Judicial review – Scope (Art. 34(2), second para., EC; Council Regulation No 2777/75, Art. 14) (see paras 53-57, 68-69)

2.                     Agriculture – Common organisation of the markets – Poultrymeat – Market support measures in the egg sector – Commission decision declining to adopt exceptional support measures for the poultrymeat market – Decision making a distinction between economic losses caused by the destruction of one-day-old chicks and those of hatching eggs already incubated – Principle of non-discrimination – Infringement (Art. 34(2), second para., EC; Council Regulation No 2777/75, Art. 14; Commission Regulation No 2102/2004) (see paras 87-89, 98-99)

Re:

APPLICATION for annulment of the Commission’s decision of 7 February 2007 rejecting the request of the Italian authorities to adopt exceptional measures to support the Italian market in poultrymeat within the meaning of Article 14 of Regulation (EEC) No 2777/75 of the Council of 29 October 1975 on the common organisation of the market in poultrymeat (OJ 1975 L 282, p. 77).

Operative part

The Court:

1. Annuls the Commission’s decision of 7 February 2007 rejecting the request of the Italian authorities to adopt exceptional measures to support the Italian market in poultrymeat within the meaning of Article 14 of Regulation (EEC) No 2777/75 of the Council of 29 October 1975 on the common organisation of the market in poultrymeat;

2. Orders the European Commission to pay the costs.