# C_2005205EN.01000203.xml

| 20.8.2005 | EN | Official Journal of the European Union | C 205/2 |
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20.8.2005

EN

Official Journal of the European Union

C 205/2

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JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Second Chamber)

of 30 June 2005

in Case C-295/03 P: Alessandrini Srl and Others v Commission of the European Communities (1)

1

(Appeal - Bananas - Third-country imports - Regulation (EC) No 2362/98 - Import licences for bananas from ACP States - Measures under Article 20(d) of Regulation (EEC) No 404/93 - Non-contractual liability of the Community)

(2005/C 205/04)

Language of the case: Italian

In Case C-295/03 P, Alessandrini Srl, established in Treviso (Italy), Anello Gino di Anello Luigi & C. Snc, established in Brescia (Italy), Arpigi SpA, established in Padua (Italy), Bestfruit Srl, established in Milan (Italy), Co-Frutta SpA, established in Padua, Co-Frutta Soc. coop. arl, established in Padua, Dal Bello Sife Srl, established in Padua, Frigofrutta Srl, established in Palermo (Italy), Garletti Snc, established in Bergamo (Italy), London Fruit Ltd, established in London (United Kingdom) (Lawyers: W. Viscardini Donà and G. Donà), the other party to the proceedings being the Commission of the European Communities (Agents: C. Cattabriga and L. Visaggio, and A. Dal Ferro, lawyer) — appeal under Article 56 of the Statute of the Court of Justice, brought on 2 July 2003 — the Court (Second Chamber), composed of C.W.A. Timmermans, President of the Chamber, C. Gulmann, R. Schintgen (Rapporteur), G. Arestis and J. Klučka, Judges; D. Ruiz-Jarabo Colomer, Advocate General: M. Ferreira, Principal Administrator, for Registrar, gave a judgment on 30 June 2005, in which it:

Alessandrini Srl

Anello Gino di Anello Luigi & C. Snc

Arpigi SpA

Bestfruit Srl

Co-Frutta SpA

Co-Frutta Soc. coop. arl

Dal Bello Sife Srl

Frigofrutta Srl

Garletti Snc

London Fruit Ltd

Commission of the European Communities

| 1. | Sets aside the judgment of the Court of First Instance of the European Communities of 10 April 2003 in Joined Cases T-93/00 and T-46/01 Alessandrini and Others v Commission; |
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1.

Sets aside the judgment of the Court of First Instance of the European Communities of 10 April 2003 in Joined Cases T-93/00 and T-46/01 Alessandrini and Others v Commission;

| 2. | Dismisses the applications brought before the Court of First Instance of the European Communities in Cases T-93/00 and T-46/01; |
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2.

Dismisses the applications brought before the Court of First Instance of the European Communities in Cases T-93/00 and T-46/01;

| 3. | Orders Alessandrini Srl, Anello Gino di Anello Luigi & C. Snc, Arpigi SpA, Bestfruit Srl, Co-Frutta SpA, Co-Frutta Soc. coop. arl, Dal Bello Sife Srl, Frigofrutta Srl, Garletti Snc and London Fruit Ltd to pay the costs incurred both at first instance and in connection with the appeal. |
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3.

Orders Alessandrini Srl, Anello Gino di Anello Luigi & C. Snc, Arpigi SpA, Bestfruit Srl, Co-Frutta SpA, Co-Frutta Soc. coop. arl, Dal Bello Sife Srl, Frigofrutta Srl, Garletti Snc and London Fruit Ltd to pay the costs incurred both at first instance and in connection with the appeal.

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(1)  OJ C 213 of 06.09.2003

1

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