Action brought on 16 June 2008 - HPA v Commission
(Case T-236/08)
Language of the case: Dutch
Parties
Applicant: Hoofdproductschap Akkerbouw (The Hague, Netherlands) (represented by: R.J.M. van den Tweel)
Defendant: Commission of the European Communities
Form of order sought
declare non-existent, or at least annul, Commission Decision C(2006)7093/6 of 19 December 2006 concerning the recovery of Claim No 3240206544 payable jointly and severally by the members of the European Economic Interest Grouping (EEIG) Euroterroirs, within the framework of Project No 93.EU.06.002 concerning a study to compile an inventory on European heritage in respect of typical and regional agricultural and food products (certified local and regional products), at any rate in so far as the Hoofdproductschap Akkerbouw is thereby held to be jointly and severally liable for the full amount of the aforementioned claim;
order the Commission to pay the costs.
Pleas in law and main arguments
The applicant challenges the recovery of a claim from Euroterroirs established by Commission decision of 14 August 2000. According to the applicant, the contested decision must, at least to the extent to which the applicant is thereby declared to be jointly and severally liable for the full amount of the claim, be declared to be non-existent and void, in view of the fact that that decision is vitiated by particularly serious and manifest defects. The applicant further contends that a ruling can be given to the effect that the decision has given rise to no effects in law even after expiry of the period within which that decision ought to have been challenged.
By its first plea, the applicant submits that there has been a breach of Regulation No 2137/85
1 inasmuch as the applicant has never been a member of the European Economic Interest Grouping (EEIG) Euroterroirs and for that reason cannot be liable.
Second, the applicant alleges infringement of the rights of the defence. The Commission, it submits, failed to provide the applicant with an opportunity to set out its views before the Commission adopted the contested decision, and notified the applicant of the claim established by decision of 14 August 2000 only when it sent the contested decision to the applicant.
Third, the applicant submits that the principle of proportionality has been infringed. The Commission, it claims, declared the applicant to be jointly and severally liable six years after the claim was established without first having itself taken appropriate measures against Euroterroirs, against the establishing member - and also the administrator - of Euroterroirs, namely the Conseil national des Arts Culinaires (CNAC) in France, or against the Member State France. In addition, the applicant submits, the Netherlands expert engaged for individual inventarising activities in 1994/1995 in the context of the Euroterroirs project received remuneration of merely EUR 13 055.
In conclusion, the applicant submits that the claim is time-barred in view of the fact that the Commission sent the disputed debit note to Euroterroirs on 28 September 2000 without subsequently informing the applicant in good time of activities which might have suspended the limitation period.
____________1 - Council Regulation (EEC) No 2137/85 of 25 July 1985 on the European Economic Interest Grouping (EEIG) (OJ 1985 L 199, p. 1).