Language of document :

Action brought on 15 September 2008 - DAI v Commission

(Case T-381/08)

Language of the case: Portuguese

Parties

Applicant: DAI - Sociedade de Desenvolvimento Agro-Industrial, SA (Coruche, Portugal) (represented by: J. da Cruz Vilaça, L. Romão and A. Mestre, lawyers)

Defendant: Commission of the European Communities

Form of order sought

A declaration that the action is admissible;

a decision allowing the action and annulment in part of 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 (notified under document number C(2008) 2557), 1 in so far as it refers to the amount of restructuring aid allocated to Portugal to be paid to growers and undertakings having restructured in the 2006/07 and 2007/08 marketing years;

an order that the Commission should pay the costs.

Pleas in law and main arguments

Infringement of Article 1(1)(c) of Regulation (EC) No 1261/2007 2 and of Article 16a of Regulation (EC) No 1264/2007. 3

Breach of the principles of equality, legal certainty and of the non-retroactive effect of laws.

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1 - OJ 2008 L 156, p. 20.

2 - Council Regulation (EC) No 1261/2007 of 9 October 2007 amending Regulation (EC) No 320/2006 establishing a temporary scheme for the restructuring of the sugar industry in the Community.

3 - Commission Regulation (EC) No 1264/2007 of 26 October 2007 amending Regulation (EC) No 968/2006 laying down detailed rules for the implementation of Council Regulation (EC) No 320/2006 establishing a temporary scheme for the restructuring of the sugar industry in the Community.