Order of the General Court (Second Chamber) of 4 September 2012 — DAI v Commission

(Case T‑381/08)

Agriculture — Sugar — Temporary scheme for the restructuring of the sugar industry of the Community — Regulation (EC) No 320/2006 and Regulation (EC) No 928/2006 — Decision 2008/445/EC — Retroactive restructuring aid

1.                     Agriculture — Common organisation of the markets — Sugar — Temporary scheme for restructuring the sugar industry — Restructuring aid — Complementary aid paid retroactively for a marketing year — Calculation of the amount — Account taken of the aid granted for the following marketing year — Lawfulness (Council Regulation No 320/2006, as amended by Regulation No 1261/2007, Art. 3(8); Commission Regulation No 968/2006, as amended by Regulation No 1264/2007, Art. 16a) (see paras 27-29)

2.                     Proceedings — Introduction of new pleas during the proceedings — Objection of illegality expressly raised only at the reply stage — Inadmissibility (Rules of Procedure of the General Court, Art. 48(2)) (see paras 32-36)

Re:

ACTION brought against Commission Decision 2008/445/EC of 11 June 2008 fixing the amounts per Member State of retroactive restructuring aid for growers and undertakings having restructured in the 2006/07 and 2007/08 marketing years in the framework of the temporary scheme for the restructuring of the sugar industry of the Community (OJ 2008 L 156, p. 20).

Operative part

1. The action is dismissed.

2. DAI – Sociedade de Desenvolvimento Agro-Industrial, SA is ordered to pay the costs.