Notice for the OJ

 

Action brought on 5 January 2004 by R.K. Achaiber Sing against the Commission of the European Communities and Council of the European Union

(Case T-4/04)

(Language of the case: Dutch)

An action against the Commission of the European Communities and Council of the European Union was brought before the Court of First Instance of the European Communities on 5 January 2004 by R.K. Achaiber Sing, residing in Leiden (Netherlands), represented by J.G.G. Wilgers.

The applicant claims that the Court should:

1.    Primarily, declare that Decision 2000/666/EC contains a measure having an equivalent effect to a quantitative and qualitative restriction on imports between Member States of the World Trade Organisation and that this decision is at variance with Article 131 of the EEC Treaty, with the result that it is null and void;

2.    Primarily and in the alternative, order the European Community to pay compensation in respect of the damage, to be quantified, which the applicant has incurred as a result of the obligations arising under Decision 2000/666/EC;

3. Order the Community to pay the costs of the proceedings.

Pleas in law and main arguments:

The applicant imports live birds from non-member countries and states that he is obliged under the contested decision to incur costs for the establishment of a quarantine area. He states further that, as he has recently discovered, he is obliged to incur further costs by reason of the national provisions giving effect to the contested decision.

The applicant submits that the contested decision is at variance with the Agreement establishing the World Trade Organisation, and in particular with Articles 2(2) and 3 of the Agreement on the Application of Sanitary and Phytosanitary Measures. In the applicant's view, the contested decision constitutes a hidden barrier to trade which makes commerce in live, non-protected birds practically impossible.

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