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8.3.

2008 EN Official Journal of the European Union C 64/41

There has been no infringement whatsoever of the provisions of Action brought on 19 December 2007 — Dow
the EC Treaty or of secondary legislation thereunder and no Agrosciences BV and Others v Commission
distorting effect on competition in the common market.

In accordance with the principle of equal treatment, the appli- (Case T-470/07)
cant maintains that, given that the investment project in ques-
tion presents all the features presented by the Vila Galé project
— the subject of the Commission's decision of 15 October (2008/C 64/67)
2003 — the Commission's decision on State aid C 4/2006
ought to have been the same as the former decision.
Language of the case: English

Parties
Action brought on 20 December 2007 — Salej and
Technologie Buczek v Commission
Applicants: Dow Agrosciences BV (Rotterdam, Netherlands),
(Case T-465/07) Dow AgroSciences Ltd (Hitchin, United Kingdom), Dow AgroS-
ciences SAS (Mougins, France), Dow AgroSciences Export SAS
(2008/C 64/66) (Mougins, France), Dow AgroSciences Italia Srl (Milan, Italy),
Dow AgroSciences Iberica SA (Madrid, Spain), Dow AgroS-
Language of the case: Polish ciences Vertriebsgesellschaft mbH (Neusiedl am See, Austria),
Dow AgroSciences LLC (Indianapolis, United States) (represented
by: K. Van Maldegem, C. Mereu, lawyers)

Parties
Defendant: Commission of the European Communities
Applicants: Emilian Salej, acting as receiver for Technologie
Buczek S.A. (Sosnowiec, Poland), and Technologie Buczek S.A.
(Sosnowiec, Poland) (represented by: D. Szlachetko-Reiter, legal
adviser)
Form of order sought
Defendant: Commission of the European Communities
— To order the annulment of Commission Decision
2007/619/EC;
Form of order sought
— to order the defendant to pay all costs and expenses in these
— declare invalid Articles 1, 3(1) and 3(3) of the Commission proceedings.
decision of 23 October 2007 in Case No C 23/2006
(ex NN 35/2006) concerning State aid granted by Poland to
the steel producer Grupa Technologie Buczek;
— declare invalid Articles 4 and 5 of the Commission decision Pleas in law and main arguments
of 23 October 2007 in Case No C 23/2006
(ex NN 35/2006) concerning State aid granted by Poland to
the steel producer Grupa Technologie Buczek in so far as The applicants seek the annulment of Commission Decision
those provisions concern the recovery of the aid mentioned 2007/619/EC of 20 September 2007 concerning the non-inclu-
in Article 1 of the decision; sion of 1,3-dichloropropene in Annex I to Council Directive
91/414/EEC (1) (‘Directive 91/414’) and the withdrawal of
— order the Commission to pay the costs of the proceedings. authorisations for plant protection products containing that
substance.

Pleas in law and main arguments According to the applicants, the contested decision is unlawful
because of the following reasons:
In support of the form of order sought, the applicants put
forward pleas in law identical to those raised by the applicant in (a) it infringes essential procedural requirements, as it is based
Case T-440/07 Huta Buczek v Commission (1). on a report from the European Food Safety Authority
(‘EFSA’) that allegedly infringes Article 8(7) of Commission
Regulation 451/2000 (2); as the defendant infringed Article
(1) OJ 2008 C 22, p. 50. 8(8) of the above-mentioned regulation and as the contested
decision fails to comply with the applicable legislative proce-
dure, infringing thus, Articles 5 EC, 7 EC and Article 5 of
Decision 1999/468 (3);