This document is an excerpt from the EUR-Lex website
Document 62018TN0755
Case T-755/18: Action brought on 22 December 2018 — FL Brüterei M-V and Others v Commission
Case T-755/18: Action brought on 22 December 2018 — FL Brüterei M-V and Others v Commission
Case T-755/18: Action brought on 22 December 2018 — FL Brüterei M-V and Others v Commission
OJ C 93, 11.3.2019, p. 65–67
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
11.3.2019 |
EN |
Official Journal of the European Union |
C 93/65 |
Action brought on 22 December 2018 — FL Brüterei M-V and Others v Commission
(Case T-755/18)
(2019/C 93/86)
Language of the case: German
Parties
Applicants: FL Brüterei M-V GmbH (Finkenthal, Germany), Erdegut GmbH (Finkenthal), Ökofarm Groß Markow GmbH (Lelkendorf, Germany) (represented by: H. Schmidt, lawyer)
Defendant: European Commission
Form of order sought
The applicants claim that the Court should:
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annul Article 1(4) of Commission Implementing Regulation (EU) 2018/1584 (1) of 22 October 2018, published under L 264/1 in the Official Journal of the European Union on 23 October 2018, which amended Regulation (EC) No 889/2008 (2) as follows: ‘in Article 42(b), the date “31 December 2018” is replaced by “31 December 2020”’; |
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order the defendant to pay EUR 2 469 503,44 to FL Brüterei M-V GmbH plus default interest from the date of notification of the action at the rate of eight percentage points per annum above the base rate of the European Central Bank; and |
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rule that the defendant is under an obligation to compensate the applicants for the additional harm caused to them by the Commission’s adoption of a further two-year exception with Implementing Regulation (EU) 2018/1584, which, when organic pullets ‘are not available’, permits non-organic pullets to be brought into organic pullet livestock, without, having regard to the Commission’s duty to keep that exception ‘to a minimum’ under Article 22(2) of Regulation (EC) No 834/2007, (3) the use of the exception requiring that no hatcheries within a radius of up to 700 kilometres from the location of the pullet farm supply organic pullets, and that proof of the lack of availability of organic pullets is to be provided through the unsuccessful placement of orders with three hatcheries that are known suppliers of organic pullets and not through demand at hatcheries that are known for not supplying organic pullets. |
Pleas in law and main arguments
The action is based on the following pleas in law.
1. |
First plea in law: invalidity of the regulatory act
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2. |
Second plea in law: liability for administrative wrongdoing under the second paragraph of Article 340 TFEU
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3. |
Third plea in law: liability for wrongdoing in the exercise of implementing powers In the context of the third plea in law, the applicants claim that, by further adopting an exception that is merely limited in time and is not subject to any qualitative conditions and requirements, the defendant failed to respect the requirements of Article 22 of Regulation (EC) No 834/2007 and acted outwith the powers conferred on it. |
(1) Commission Implementing Regulation (EU) 2018/1584 of 22 October 2018 amending Regulation (EC) No 889/2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007 on organic production and labelling of organic products with regard to organic production, labelling and control (OJ 2018 L 264, p. 1).
(2) Commission Regulation (EC) No 889/2008 of 5 September 2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007 on organic production and labelling of organic products with regard to organic production, labelling and control (OJ 2008 L 250, p. 1).
(3) Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/91 (OJ 2007 L 189, p. 1).