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.
3Breach of the principles of equality, legal certainty and of the non-retroactive effect of laws.
____________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.