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Document C2004/251/18

Case C-355/04 P: Appeal brought on 17 August 2004 by SEGI, A. Zubimendi Izaga, A. Galarraga against the order made on 7 June 2004 by the Second Chamber of the Court of First Instance of the European Communities in Case T-338/02 between SEGI, A. Zubimendi Izaga, A. Galarraga and the Council of the European Union, supported by the Kingdom of Spain and the United Kingdom

IO C 251, 9.10.2004, p. 10–10 (ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)

9.10.2004   

EN

Official Journal of the European Union

C 251/10

Appeal brought on 17 August 2004 by SEGI, A. Zubimendi Izaga, A. Galarraga against the order made on 7 June 2004 by the Second Chamber of the Court of First Instance of the European Communities in Case T-338/02 between SEGI, A. Zubimendi Izaga, A. Galarraga and the Council of the European Union, supported by the Kingdom of Spain and the United Kingdom

(Case C-355/04 P)

(2004/C 251/18)

An appeal against the order made on 7 June 2004 by the Second Chamber of the Court of First Instance of the European Communities in Case T-338/02 between SEGI, A. Zubimendi Izaga, A. Galarraga and the Council of the European Union, supported by the Kingdom of Spain and the United Kingdom, was brought before the Court of Justice of the European Communities on 17 August 2004 by SEGI, A. Zubimendi Izaga, A. Galarraga.

The appellant claims that the Court should:

1.

hold that the present appeal is well-founded and annul the contested order;

2.

give, by virtue of Article 61 of the Protocol on the Statute of the Court of Justice, a final ruling on the present case and uphold the arguments put forward by the applicants at first instance, namely, to reiterate, order the defendant to pay compensation amounting to EUR 1 000 000 to the association SEGI and EUR 100 000 to each of the other two applicants, Araitz Zubimendi Izaga and Aritza Galarraga. Payment of default interest on those sums is sought at the rate of 4.5 % per annum from the date of the Court's judgment until payment is made. An order is sought that the Council bear its own costs and those of the applicants.

Pleas and main arguments

The pleas and main arguments relied on are identical to those in Case C-354/04 P.

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