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Document 62011TN0195
Case T-195/11: Action brought on 4 April 2011 — Cahier and Others v Council and Commission
Case T-195/11: Action brought on 4 April 2011 — Cahier and Others v Council and Commission
Case T-195/11: Action brought on 4 April 2011 — Cahier and Others v Council and Commission
IO C 173, 11.6.2011, p. 14–15
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
11.6.2011 |
EN |
Official Journal of the European Union |
C 173/14 |
Action brought on 4 April 2011 — Cahier and Others v Council and Commission
(Case T-195/11)
2011/C 173/30
Language of the case: French
Parties
Applicants: Jean-Marie Cahier (Montchaude, France) Robert Aubineau (Cierzac, France), Laurent Bigot (Saint Palais sur Mer, France), Pascal Bourdeau (Saintes Lheurine, France), Jacques Brard-Blanchard (Boutiers Saint Trojan, France), Olivier Charruaud (St Martial de Mirambeau, France), Daniel Chauvet (Saint Georges Antignac, France), Régis Chauvet (Marignac, France), Fabrice Compagnon (Avy, France), Francis Crepeau (Jarnac Champagne, France), Bernard Deborde (Arthenac, France), Chantal Goulard (Arthenac), Jean Pierre Gourdet (Moings, France), Bernard Goursaud (Brie sous Matha, France), Jean Gravouil (Saint Hilaire de Villefranche, France), Guy Herbelot (Echebrune, France), Rodrigue Herbelot (Echebrune), Sophie Landrit (Ozillac, France), Michel Mallet (Vanzac, France), Alain Marchadier (Villars en Pons, France), Michel Merlet (Jarnac Champagne), René Phelipon (Cierzac, France), Claude Potut (Avy), Philippe Pruleau (Saint Bonnet sur Gironde, France), Béatrice Rousseau (Gensac La Pallue, France), Jean-Christophe Rousseau (Segonzac, France), Françoise Rousseau (Burie, France), Pascale Rulleaud-Beaufour (Arthenac) and Alain Phelipon (Saintes, France) (represented by: C.-E. Gudin, lawyer)
Defendants: Council of the European Union and European Commission
Form of order sought
The applicants claim that the Court should:
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make good in full the loss suffered by virtue of fines, that is the sum of:
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establish a flat-rate amount for non-material loss at the sum of EUR 100 000 for each of the 29 applicants; |
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order the Council and the Commission to pay all the costs and disbursements:
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Pleas in law and main arguments
In support of the action, the applicants submit that the extra-contractual liability of the European Union is incurred by a serious breach of Article 40(2) TFEU, insofar as Article 28 of Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine (1), as implemented by Commission Regulation No 1623/2000 (2) and maintained by Council Regulation (EC) No 479/2008 (3), prohibits producers of wine obtained from dual-purpose vine varieties from themselves distilling spirits from quantities of wine with a designation of origin produced in excess of the quantity normally produced.
The applicants have been systematically prosecuted and convicted by the national authorities for having failed to deliver the quantities produced in excess of the normal quantity and not exported as wine to third countries for State compulsory distillation into alcohol by approved distillers.
The applicants submit, inter alia, that this is a breach of perfectly clear and unambiguous provisions in respect of which the institutions of the European Union did not have any discretion. They allege a breach of the principles of non-discrimination, legal certainty, proportionality, estoppel, the presumption of innocence, proper administration, care and the right to property, as well as wrongful interference with the freedom to produce industrial goods and put them on the market and the wrongful extension of the application of a regulation with the purpose of stabilising the market and guaranteeing a certain revenue for producers to cases where there are no applications for funding from those producers.
(2) Commission Regulation (EC) No 1623/2000 of 25 July 2000 laying down detailed rules for implementing Regulation (EC) No 1493/1999 on the common organisation of the market in wine with regard to market mechanisms (OJ 2000 L 194, p. 45).
(3) Council Regulation (EC) No 479/2008 of 29 April 2008 on the common organisation of the market in wine, amending Regulations (EC) No 1493/1999, (EC) No 1782/2003, (EC) No 1290/2005, (EC) No 3/2008 and repealing Regulations (EEC) No 2392/86 and (EC) No 1493/1999 (OJ 2008 L 148, p. 1).