24.6.2019

Official Journal of the European Union

C 213/48

(Case T-210/19)

(2019/C 213/48)

Language of the case: Italian

Parties

Applicants: Società Agricola Tenuta di Rimale s.s. (Fidenza, Italy) and another nine applicants (represented by: M. Libertini, A. Scognamiglio and M. Spolidoro, lawyers)

Defendant: European Commission

Form of order sought

The applicants claim that the General Court should annul the contested Commission notice and order a re-examination of the reasons set out in the submitted complaint. That re-examination must be made on the basis of a different and more accurate interpretation of Article 150 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products, (1) and a more extensive investigation which will expose the unconvincing and inconsistent nature of the reasoning put forward by the Consorzio [del Formaggio Parmigiano Reggiano], in order to confirm sine die that the regulation of the supply of milk for the production of PDO (Protected Designation of Origin) ‘Parmigiano Reggiano’ cheese is discriminatory and unjustified.

Pleas in law and main arguments

The present action is brought against the notice of 6 February 2019 issued by the Commission’s Directorate-General for Agriculture and Rural Development, which decided to close the file on the complaint submitted by the applicants on 5 February 2018 by which they claimed that Decreto del Ministero delle Politiche Agricole, Alimentari e Forestali, del 15 dicembre 2016, n. 6762 (Decree No 6762 of the Ministry of Agriculture, Food and Forestry of 15 December 2016), approving the plan for the regulation of the supply of ‘Parmigiano-Reggiano’ cheese for the three-year period from 2017 to 2019 inclusive, was unlawful, as was Decreto del Ministero delle Politiche Agricole, Alimentari e Forestali, del 19 settembre 2017, n. 5320 (Decree No 5320 of the Ministry of Agriculture, Food and Forestry of 19 September 2017), which approved amendments to the plan for the regulation of the supply of ‘Parmigiano-Reggiano’ cheese for the three-year period from 2017 to 2019 inclusive.

In support of the action, the applicants rely on three pleas in law.

1.First plea in law, alleging misinterpretation of Article 150 of Regulation (EU) No 1308/2013 as regards establishing the qualified majority of producers concerned by the proposed regulation of supply.

2.Second plea in law, alleging misinterpretation of Article 150 of Regulation (EU) No 1308/2013 as regards the need to establish the substantive criteria for market imbalance for the purpose of adopting temporary supply regulation measures, and as regards the need for an adequate accompanying statement of reasons.

3.Third plea in law, alleging misinterpretation of Article 150 of Regulation (EU) No 1308/2013 as regards the prohibition of discriminatory plans for regulation of supply.

* Language of the case: Italian.

(1) OJ 2013 L 347, p. 608.