(Joined Cases T-300/05 and T-316/05)

Agriculture – Common organisation of the markets – Transitional measures to be adopted by reason of the accession of new Member States – Regulation (EC) No 651/2005 laying down transitional measures in the sugar sector – Action for annulment – Period within which proceedings must be commenced – Point from which time starts to run – Delay – Amendment of a provision of a regulation – Reopening of the action against that provision and all provisions forming a body of rules with it – Inadmissibility – Regulation (EC) No 832/2005 on the determination of surplus quantities of sugar, isoglucose and fructose – Plea of illegality – Jurisdiction – Principle of non-discrimination – Legitimate expectations – Action for annulment – Proportionality – Statement of reasons – Non-retroactivity – Collegiality

4. Agriculture – Common agricultural policy – Implementation in the sugar sector – Discretion of the Commission (see paras 168-169)

7. Procedure – Intervention – Application designed to support the form of order sought by one of the parties, but developing a different line of argument – Admissibility – Freedom to choose the pleas raised – Scope (Statute of the Court of Justice, Art. 40, fourth para.; Rules of Procedure of the Court of First Instance, Art. 116(4)) (see paras 203-206)

Re:

Operative part

The Court:

1.Dismisses the actions;

2.Orders the Republic of Cyprus to bear its own costs and to pay those incurred by the Commission;

3.Orders the Republic of Estonia and the Republic of Latvia to bear their own costs.