Notice for the OJ

 

Action brought on 14 July 2003 by Bundesverbandes der Nahrungsmittel- und Speiseresteverwerter e.V. and Josef Kloh against the Commission of the European Communities

    

    (Case T-256/03)

    Language of the case: German

An action against the Commission of the European Communities was brought before the Court of First Instance of the European Communities on 14 July 2003 by Bundesverbandes der Nahrungsmittel- und Speiseresteverwerter e.V., Bochum (Germany) and Josef Kloh, Eichenried (Germany), represented by R. Steiling and S. Wienhues, lawyers.

The applicants claim that the Court should:

(annul Articles 1 and 6 of the Commission Decision of 12 May 2003 (2003/328/EC) in so far as, as derogations regarding category 3 catering waste in feed for pigs and the intra-species recycling ban on the feeding of swill to pigs, they apply until 31 October 2006 at the latest;

(order the defendant to pay the costs of the proceedings.

Pleas in law and main arguments:

The applicants in Case T-391/02 ¹ brought an action for annulment of Regulation (EC) No 1774/2002 of the European Parliament and of the Council ² and claimed that the Court should annul the Regulation in so far as derogations to the prohibition on the use of catering waste in feed under Article 22 are permitted for no more than four years from 1 November 2002. The contested decision adopts transitional measures in accordance with Article 32(2) of the Regulation.

The applicants claim that the time-limit on the transitional measures is unlawful. It is not necessary for the purpose of achieving the intended objective. For the rest, the applicants refer to the pleas and arguments put forward in Case T-391/02.

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¹ - (OJ 1992 C 44, p. 42.

² - (Regulation (EC) No 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption (OJ 2002 L 273, p. 1).