Notice for the OJ
Action brought on 12 January 2005 by the Italian Republic against the Commission of the European Communities
(Case T-14/05)
Language of the case: Italian
An action against the Commission of the European Communities was brought before the Court of First Instance of the European Communities on 12 January 2005 by the Italian Republic, represented by Danilo Del Gaizo, Avvocato dello Stato.
The applicant claims that the Court should:
- declare that Commission Regulation (EC) No 1809/2004 is void ab initio;
- order the Commission to pay the costs.
Pleas in law and main arguments
This action is brought against Commission Regulation (EC) No 1809/2004 of 18 October 2004 amending Regulation (EC) No 2848/98 laying down detailed rules for the application of the quota buy-back programme in the raw tobacco sector (OJ L 318 of 19.10.2004) ('the contested regulation'). The contested regulation adds to Article 36(1) of Regulation No 2848/98 a subparagraph which provides for a buy-back price for tobacco quotas relating to the 2004 harvest fixed at an amount equal to 40% of the premium and states that that amount is to be paid before 31 May 2005.
The Italian Government takes the view that the contested regulation infringes Council Regulation (EEC) No 2075/92
1 (and in particular Article 14a thereof) and that there is infringement of an essential procedural requirement and misuse of powers.
In particular, the setting of a quota buy-back price for quotas bought back in respect of the 2004 harvest, which is, moreover, particularly high, identical and undifferentiated for all producers and for all qualities of tobacco varieties, payable almost immediately in a single payment, is, in the Italian Government's view, contrary to Article 14a of Council Regulation No 2075/92, as amended, inter alia, by Regulation No 1636/98.
The Italian Government also considers that the setting of the contested level of the buy-back price cannot be regarded as being justified, and certainly cannot be justified by the reasons stated in the third recital in the preamble to the contested regulation, according to which: 'For quotas under the 2004 harvest, the buy-back price should be fixed on the basis of the minimum level of aid which the farmer can receive under the direct payment scheme set up by Council Regulation (EC) No 1782/2003 of 29 September 2003 ... Moreover, with a view to the implementation of the single payment scheme, the payment period for the buy-back price should be kept to a minimum.' In that regard, it contends that the provisions of Regulation No 2075/92 were not repealed for the year under consideration (or for 2005) and that the Commission was not therefore authorised to use for the level of the buy-back price a legal basis completely different from the one which it should have adhered to in performing the operation or to pursue objectives completely different from and contrary to those which, on the basis of Council Regulation No 2075/92, should have justified its adoption.
The Italian Government further alleges a failure to give reasons for the contested measure, both in respect of the setting of a buy-back price which is the same for all producers and takes no account of the individual varieties of tobacco produced and in respect of the quantification of the price at an amount equal to 40% of the premium, as well as a conflict between the provisions of Article 1 of the contested regulation, the statements contained in its third recital and the reasons clearly stated in its second recital.
____________1 - Council Regulation (EEC) No 2075/92 of 30 June 1992 on the common organization of the market in raw tobacco (OJ L 215 of 30.07.1992, p. 70).