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Case T-381/08: Action brought on 15 September 2008 — DAI v Commission
ECLI:EU:UNKNOWN:62008TN0381
62008TN0381
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Valentina R., lawyer
6.12.2008
EN
Official Journal of the European Union
C 313/36
(Case T-381/08)
(2008/C 313/65)
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 (3).
Breach 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.