18.4.2009

EN

Official Journal of the European Union

C 90/37

(Case T-96/09)

2009/C 90/57

Language of the case: French

Parties

Applicant: Union des Coopératives Agricoles des Producteurs de Tabac de France (UCAPT) (Paris, France) (represented by: B. Peignot and D. Garreau, lawyers)

Defendant: Council of the European Union

Form of order sought

The applicant claims that the Court should:

—Annul Council Regulation (EC) No 73/2009 of 19 January 2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers, amending Regulations (EC) No 1290/2005, (EC) No 247/2006, (EC) No 378/2007 and repealing Regulation (EC) No 1782/2003;

—Order the Council to pay costs in the amount of EUR 10 000.

Pleas in law and main arguments

By the present action, the applicant seeks the annulment of Council Regulation No 73/2009 relating to direct support schemes for farmers under the common agricultural policy, Article 135 of which provides for a reduction, as from the financial year 2011, in the level of direct support for the production of tobacco to 50% of the average level of support granted in 2000, 2001 and 2002. Such a reduction was already provided for by Article 143e of Regulation No 1782/2003.

In support of its action the applicant submits four pleas in law alleging:

—a procedural irregularity in that no study of the impact of the reform of the aid scheme on the tobacco sector was carried out prior to the adoption of the contested regulation;

—accordingly, a misuse of powers;

—infringement of the principle of proportionality as the reduction in direct support to 50% is inappropriate to attain the two objectives of the reform of the tobacco support scheme, namely the alignment of prices to those of the world market and the promotion of conversion measures for tobacco-producing regions in rural development programmes;

—infringement of Article 33 EC in so far as the contested regulation fails to have regard for some of the objectives of the common agricultural policy, namely that of ensuring a fair standard of living for the agricultural community and of stabilising markets.

Council Regulation (EC) No 73/2009 of 19 January 2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers, amending Regulations (EC) No 1290/2005, (EC) No 247/2006, (EC) No 378/2007 and repealing Regulation (EC) No 1782/2003 (OJ 2009 L 30, p. 16).

Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending Regulations (EEC) No 2019/93, (EC) No 1452/2001, (EC) No 1453/2001, (EC) No 1454/2001, (EC) 1868/94, (EC) No 1251/1999, (EC) No 1254/1999, (EC) No 1673/2000, (EEC) No 2358/71 and (EC) No 2529/2001 (OJ 2003 L 270, p. 1).