Judgment — ECLI:EU:T:1999:179
Date: 1999-09-28
Language of the case: German
Court formation: Fifth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Agriculture and Fisheries;External relations;Fruit and vegetables;Commercial policy;Bananas
Concepts: Statement of reasons;Pleas in law;Bananas
Procedure: Action for annulment - unfounded
Origin: Germany

Summary of the Judgment 
1. Agriculture — Common organisation of the markets — Bananas — Import arrange­
ments — Tariff quota — Transitional measures to assist the transition to the 
Community arrangements — Conditions — Difficulties due to the establishment of 
the common organisation of the market — Limits — Undertakings established in the 
former German Democratic Republic after German reunification 
(Council Regulation No 404/93, Art. 30) 
2. Agriculture — Common organisation of the markets — Bananas — Import arrange­
ments — Tariff quota — Opening and subdivision of the quota — Whether 
discriminatory — No discrimination 
(Council Regulation No 404/93) 
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SUMMARY — CASE T-612/97 
3. Actions for annulment — Pleas in law.— Misuse of powers — Meaning 
4. Acts of the institutions — Statement of reasons — Obligation — Scope — Individual 
decisions 
(EC Treaty, Art. 190 (now Art. 253 EC)) 
1. Article 30 of Regulation No 404/93 on 
the common organisation of the mar­
ket in bananas — the aim of which is 
to assist the transition from the 
national arrangements existing before 
the common organisation of the mar­
ket — empowers the Commission to 
take specific transitional measures to 
deal with disturbances in the internal 
market brought about by that transi­
tion, the purpose of those measures 
being to address difficulties encoun­
tered by traders following the estab­
lishment of the common organisation 
of the market but originating in the 
state of national markets prior to the 
entry into force of the above Regula­
tion. The Commission must in this 
regard take into account the situation 
of traders who, under national legisla­
tion in force prior to Regulation 
No 404/93, took certain action with­
out being able to foresee the conse­
quences of such action following estab­
lishment of the common organisation 
of the market. 
However, Article 30 of Regulation 
No 404/93 — which must be inter­
preted restrictively since it derogates 
from the general provisions applic­
able — cannot serve to offset the 
competitive disadvantage suffered by 
undertakings established in the terri­
tory of the former German Democratic 
Republic after the reunification of 
Germany. After all, that disadvantage, 
which relates to the differences in 
opportunities available in Germany, is 
not due to the establishment of the 
common organisation of the markets. 
2. "While it is true that not all undertak­
ings are affected in the same way by 
Regulation No 404/93, the difference 
in treatment appears to be inherent in 
the objective of integrating previously 
compartmentalised markets, bearing in 
mind the different situations of the 
various categories of economic opera­
tors before the introduction of the 
common organisation of the market 
in bananas. 
3. A decision is tainted by misuse of 
powers only if it appears, on the basis 
of objective, relevant and consistent 
factors, to have been taken to achieve 
an end other than that stated. 
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CORDIS V COMMISSION 
4. The obligation to state the reasons on 
which an individual decision is based is 
intended to enable the Community 
judicature to exercise its power of 
review as to the legality of the decision 
and the person concerned to ascertain 
the matters justifying the measure 
adopted, so that he can defend his 
rights and verify whether or not the 
decision is well founded. 
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