Action brought on 11 June 2008 - Bundesverband Deutscher Milchviehhalter and Others v Council
(Case T-217/08)
Language of the case: German
Parties
Applicants: Bundesverband Deutscher Milchviehhalter eV (Bonn Germany), Romuald Schaber (Petersthal, Germany), Stefan Mann (Eberdorfergrund, Germany) and Walter Peters (Körchow, Germany) (represented by: W. Renner and O. Schniewind, lawyers)
Defendant: Council of the European Union
Form of order sought
declare that Council Regulation (EC) No 248/2008 of 17 March 2008 amending Regulation (EC) No 1234/2007 as regards the national quotas for milk (OJ 2008 L 76, p. 6) is invalid;
order the defendant to pay the costs.
Pleas in law and main arguments
The applicant brings an action against Regulation (EC) No 248/2008
1 by which the national quotas for milk laid down in Annex IX to Regulation (EC) No 1234/2007
2 until 1 August 2008 to facilitate greater milk production in the Community and to meet the new requirements of the market in milk were increased by 2 %.
In support of its action the applicant claims, first, that the increase in the national quotas for milk is a misuse of discretionary powers since it pursues grounds other than those indicated in the recitals.
In addition the regulation being challenged infringes the EC Treaty, as Article 37(2) EC is applied erroneously as a provision authorising disregard of the objectives set out in Article 33(1)(a) and (b) EC, the environmental protection requirements within the meaning of Article 6 EC has been unlawfully disregarded and the duty of conservation and safeguarding of cultural heritage in the Community under Article 151 EC has been infringed.
Furthermore, there is an infringement of the applicant's freedom to choose a profession and to own property and of the principle of non-discrimination.
____________1 - Council Regulation (EC) No 248/2008 of 17 March 2008 amending Regulation (EC) No 1234/2007 as regards the national quotas for milk (OJ 2008 L 76, p. 6).2 - Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (OJ 2007 L 299, p. 1).