Action brought on 31 May 2005 by Mebrom NV against the Commission of the European Communities

(Case T-216/05)

(2005/C 182/81)

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 31 May 2005 by Mebrom NV, established in Rieme-Ertvelde (Belgium), represented by C. Mereu and K. Van Maldegem, lawyers.

The applicant claims that the Court should:

Pleas in law and main arguments

The applicant imports Methyl Bromide (MBr) in the EU. Methyl Bromide is a controlled substance within the meaning of Regulation (EC) No 2037/2000 of the European Parliament and Council of 29 June 2000 on substances that deplete the ozone layer (1). With the present application, the applicant seeks the annulment of the Commission's decision rejecting the applicant's request for a quota for the importation of Methyl Bromide in the European Union for critical uses for 2005.

In support of its application, the applicant submits that the Commission deprived the applicant of its right to an allocation of a 12-month import quota for the importation of Methyl Bromide in the EU in 2005. The applicant invokes that the Commission manifestly misapplied the applicable legal framework. According to the applicant, the Commission furthermore violated Article 7 of Regulation 2037/2000 which, according to the applicant, confers to it a specific right to obtain a 12-month Methyl Bromide quota for 2005. The applicant also claims that the Commission acted beyond its competence conferred by Article 7 of Regulation 2037/2000. Finally, the applicant invokes the infringement of the principle of legal certainty as the Commission failed to establish a predictable system of import quotas for those who are subject to it, and frustrated the applicant's legitimate expectations in obtaining an import quota on the basis of Article 7 of Regulation 2037/2000, the Commission's Notice to importers of July 2004 (2) and an e-mail message from the defendant of 10 December 2004, addressed to the applicant and confirming that its import quota for 2005 was in the process of being notified to him.

(1)  OJ L 244, p. 1

(2)  Notice to importers in the European Union in 2005 of controlled substances that deplete the ozone layer, regarding Regulation (EC) No 2037/2000 of the European Parliament and of the Council on substances that deplete the ozone layer (OJ 2004 C 187, p. 11)