Action brought on 11 August 2006 - Bowland Dairy Products v Commission

(Case T-212/06)

Language of the case: English

Parties

Applicant: Bowland Dairy Products Limited (Nelson, United Kingdom) (represented by: J. Milligan, Solicitor)

Defendant: Commission of the European Communities

Form of order sought

Annulment of the contested decision;

order the Commission to pay damages to the applicant in the amount of the loss suffered by the applicant as a result of the contested decision, with interest;

order the Commission to pay the applicant's costs of these proceedings.

Pleas in law and main arguments

By means of its application, the applicant seeks annulment of a decision of the Commission of the European Communities contained in an email to the UK Foods Agency dated 20 July 2006, forwarded to the applicant on 21 July 2006, refusing to circulate, under the Rapid Alert System for Food and Feed provided for by Regulation (EC) n°178/2002 of the European Parliament and of the Council of 28 January 2002 (OJ L 31 of 1 February 2002, p. 1-24), an additional notification declaring that the Food Security Agency (FSA) was content for the applicant's curd cheese to be marketed, unless conditions specified by the Commission were met.

The applicant claims that the Commission was not entitled to impose conditions upon the circulation of an additional Notice prepared by a national competent authority under Article 50 of Regulation (EC) n°178/2002.

Moreover, the applicant submits that in formulating these conditions, the Commission has misinterpreted the applicable Regulations both in relation to antibiotic milk as in relation to watery milk.

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