Cantina sociale di Dolianova & Ors v Commission (Agriculture) French Text [2004] EUECJ T-166/98 (23 November 2004)

Cantina sociale di Dolianova & Ors v Commission (Agriculture) French Text [2004] EUECJ T-166/98 (23 November 2004)

The Commission's letter of 31 July 1998 was not a challengeable act under Article 230 EC as it did not alter the applicants' legal position; the Commission had no competence to pay the aid directly, as this was the responsibility of national intervention agencies under Regulation No 2499/82. The applicants had no...

Source-derived case information.

Citation
[2004] EUECJ T-166/98
Parties
Applicant: Cantina sociale di Dolianova Soc. coop. rl; Cantina Trexenta Soc. coop. rl; Cantina sociale Marmilla - Unione viticoltori associati Soc. coop. rl; Cantina sociale S. Maria La Palma Soc. coop. rl; Cantina sociale del Vermentino Soc. coop. rl Monti-Sassari; Respondent: Commission des Communautés européennes
Jurisdiction
European Union
Procedural Posture
Action for Annulment, Failure to Act, and Damages / Final Judgment at First Instance (court of First Instance, Eu)
Outcome
All claims inadmissible and dismissed.
Legal Topics
Common Organisation of the Wine Market, Community Aid, Distillation Aid, Liability of EU Institutions, Annulment Proceedings, Failure to Act, Non Contractual Liability, Enrichment Without Cause
European Union Law Agricultural Law Administrative Law Common Organisation of the Wine Market Community Aid Distillation Aid Liability of EU Institutions Annulment Proceedings +3 more

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Parties

Cantina sociale di Dolianova Soc. coop. rl; Cantina Trexenta Soc. coop. rl; Cantina sociale Marmilla - Unione viticoltori associati Soc. coop. rl; Cantina sociale S. Maria La Palma Soc. coop. rl; Cantina sociale del Vermentino Soc. coop. rl Monti-Sassari

Applicant

Commission des Communautés européennes

Respondent

Procedural Posture

Action for Annulment, Failure to Act, and Damages / Final Judgment at First Instance (court of First Instance, Eu)

  1. 1 Whether the Commission's letter of 31 July 1998 constitutes a challengeable act under Article 230 EC (ex 173)
  2. 2 Whether the Commission failed to act within the meaning of Article 232 EC (ex 175)
  3. 3 Whether the Commission is liable in damages for non-payment of distillation aid to wine producers under Article 235 EC (ex 178)

Ratio Decidendi

The Commission's letter of 31 July 1998 was not a challengeable act under Article 230 EC as it did not alter the applicants' legal position; the Commission had no competence to pay the aid directly, as this was the responsibility of national intervention agencies under Regulation No 2499/82. The applicants had no direct right to the aid from the Commission. The action for failure to act was also inadmissible, as the Commission was not required to act. The claim for damages was inadmissible as the applicants failed to establish unlawful conduct attributable to the Commission, and the action was in any event time-barred. There was no autonomous action for enrichment without cause under the...

Court Disposition

All claims inadmissible and dismissed.

Orders

  • The action is dismissed as inadmissible in its entirety.
  • Applicants are ordered to pay the costs.