Notice for the OJ

 

Action brought on 1 October 2004 by Bactria Industriehygiene-Service Verwaltungs GmbH against the Commission of the European Communities

    (Case T-401/04)

    Language of the case: English

An action against the Commission of the European Communities was brought before the Court of First Instance of the European Communities on 1 October 2004 by Bactria Industriehygiene-Service Verwaltungs GmbH, Kirchheimboladen, Germany, represented by K. Van Maldegem and C. Mereu, lawyers.

The applicant claims that the Court should:

-    Order the defendant to respond to the applicant's request;

-    Or, in the alternative, order the annulment of the European Commission's act D 341571(04);

-    Order the defendant to compensate the applicant in the provisional amount of 1 euro for damages suffered as a result of the defendant's failure to comply with its obligations under Community law by failing to respond to the applicant, or, in the alternative, as a result of the European Commission's act D 341571(04), as well as any applicable interests, pending the exact calculation and determination of the exact amount;

-    Order the defendant to pay all costs and expenses in these proceedings.

Pleas in law and main arguments

The pleas in law invoked are similar to those invoked in Case T-400/04, Arch Chemicals and Arch Timber Protection / Commission.

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