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Document C2005/019/59

    Case T-401/04: Action brought on 1 October 2004 by Bactria Industriehygiene-Service Verwaltungs GmbH against the Commission of the European Communities

    OB C 19, 22.1.2005, p. 28–28 (ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)

    22.1.2005   

    EN

    Official Journal of the European Union

    C 19/28

    Action brought on 1 October 2004 by Bactria Industriehygiene-Service Verwaltungs GmbH against the Commission of the European Communities

    (Case T-401/04)

    (2005/C 19/59)

    Language of the case: English

    An action against the Commission of the European Communities was brought before the Court of First Instance of the European Communities on 1 October 2004 by Bactria Industriehygiene-Service Verwaltungs GmbH, Kirchheimboladen, Germany, represented by K. Van Maldegem and C. Mereu, lawyers.

    The applicant claims that the Court should:

    —

    Order the defendant to respond to the applicant's request;

    —

    Or, in the alternative, order the annulment of the European Commission's act D 341571(04);

    —

    Order the defendant to compensate the applicant in the provisional amount of 1 euro for damages suffered as a result of the defendant's failure to comply with its obligations under Community law by failing to respond to the applicant, or, in the alternative, as a result of the European Commission's act D 341571(04), as well as any applicable interests, pending the exact calculation and determination of the exact amount;

    —

    Order the defendant to pay all costs and expenses in these proceedings.

    Pleas in law and main arguments

    The pleas in law invoked are similar to those invoked in Case T-400/04, Arch Chemicals and Arch Timber Protection/Commission.

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