Action brought on 22 July 2004 by Salvador Contreras Gila, José Ramiro Lopez and Antonio Ramiro Lopez against the Council of the European Union

(Case T-296/04)

(2004/C 262/72)

Language of the case: Spanish

An action against the Council of the European Union was brought before the Court of First Instance of the European Communities on 22 July 2004 by Salvador Contreras Gila, José Ramiro Lopez and Antonio Ramiro Lopez, residing in Jaen (Spain), represented by José Francisco Vasquez Medina, of the Jaén Bar.

The applicant claims that the Court should:

Pleas in law and main arguments:

In support of their arguments the applicants allege breach of the principle of the protection of legitimate expectations and, therefore, of the principle of legal certainty and infringement of the rule that the administration is bound by its own acts, because, as a result of the fact that the contested measure uses as the reference period for the calculation of the direct aid for the producers of olive oil only for marketing years 1999/2000, 2000/2001, 2001/2002 and 2002/2003 those producers who, in accordance with the provisions of Regulation No 2366/98, planted olive trees in the years 1997 or 1998 will be entitled to hardly any of the aid provided for, since it would appear that in those marketing years there was hardly any production, given that at least eight years must elapse in order for an olive tree to become fully productive.

They also allege infringement of the principle of non-discrimination in so far as other Member States, such as Portugal, are allowed funds intended to finance an increase in the production of young olive groves.