Judgment of the Court of First Instance of 20 March 2001 in Case T-52/99 T. Port GmbH & Co. KG v Commission of the European Communities (Bananas — Imports from ACP States and third countries — Calculation of annual quantity allocated — Action for damages — Admissibility — Possibility of relying on WTO rules — Misuse of powers — General principles of Community law)
Date: 2001-05-19
Institutions: Court of First Instance
Subjects: CCT duties, European Commission, action for annulment (EU), import, quantitative restriction, tropical fruit

19.5.2001

EN

Official Journal of the European Communities

C 150/23

JUDGMENT OF THE COURT OF FIRST INSTANCE

2. Orders the applicants to pay the costs, including those relating

to the interlocutory proceedings;

of 7 February 2001

3. Orders the intervener to bear its own costs.

in Cases T-38/99 to T-50/99: Sociedade Agrı´cola dos
Arinhos, Ld.a, and Others v Commission of the European
Communities (1)

(1) OJ C 136 of 15.5.99.

(Action for annulment — Commission Decision 98/653/EC
— Emergency measures on the ground of the occurrence of
bovine spongiform encephalopathy in Portugal — Natural
or legal persons — Act of direct and individual concern to
them — Admissibility)

(2001/C 150/43)

(Language of the case: Portuguese)

In Cases T-38/99 to T-50/99: Sociedade Agrı´cola dos Arinhos,
Ld.a, established in Lisbon, Portugal, Sociedade Agrı´cola do
Monte da Aldeia, Ld.a, established in Lisbon, Anto´ nio José
da Veiga Teixeira, residing in Coruche, Portugal, Sociedade
Agrı´cola Monte da Senhora do Carmo SA, established in
Almeirim, Portugal, Sociedade Agrı´cola de Perescuma SA,
established in Almeirim, Sociedade Agrı´cola Couto de Fornil-
hos SA, established in Moura, Portugal, Casa Agrı´cola da
Raposeira, Ld.a, established in Coruche,
José de Barahona
Nu´ ncio, residing in E´ vora, Portugal, Prestase — Prestaça˜o de
Serviços e Contabilidade, Ld.a, established in Lisbon, Sociedade
Agro-Pecua´ria da Herdade do Zambujal, Ld.a, established in
Palmela, Portugal, Francisco Luı´s Pinheiro Caldeira, residing in
Campo Maior, Portugal, Sociedade Agrı´cola Cabral de Ascen-
sa˜o, Ld.a, established in Horta dos Arcos, Serpa, Portugal,
Joaquim Ina´cio Passanha Braancamp Sobral, residing in Lisbon,
represented by C. Botelho Moniz and J. Rôla Roque, of the
Lisbon Bar, with an address for service in Luxembourg,
supported by Portuguese Republic (Agents: L. Fernandes,
A.C. de Seiça Neves and A.M. Gonçalves Monteiro), against
Commission of
(Agents:
A.M. Alves Vieira and G. Berscheid, assisted by V. Aira˜o,) —
application for annulment of Article 2(a) of Commission
Decision 98/653/EC of 18 November 1998 concerning emerg-
ency measures made necessary by the occurrence of bovine
spongiform encephalopathy in Portugal
(OJ 1998 L 311,
p. 23), inasmuch as it prohibits the dispatch from Portugal to
Spain and France of fighting bulls intended for cultural and
sporting events — the Court of First Instance (Fourth Chamb-
er), composed of: V. Tiili, President, R.M. Moura Ramos
and P. Mengozzi, Judges; G. Herzig, Administrator, for the
Registrar, has given a judgment on 7 February 2001, in which
it:

European Communities

the

1. Dismisses the applications as inadmissible;

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 20 March 2001

in Case T-52/99 T. Port GmbH & Co. KG v Commission
of the European Communities (1)

(Bananas — Imports from ACP States and third countries
— Calculation of annual quantity allocated — Action for
damages — Admissibility — Possibility of relying on
WTO rules — Misuse of powers — General principles of
Community law)

(2001/C 150/44)

(Language of the case: German)

In Case T-52/99 T. Port GmbH & Co. KG, established in
Hamburg (Germany), represented by G. Meier, avocat, against
Commission of the European Communities (Agents: K.-D. Bor-
chardt and H. van Vliet) — application for for compensation
for the loss which the applicant has allegedlysuffered as a
result of the Commission introducing, under Regulation (EC)
No 2362/98 of 28 October 1998 laying down detailed
rules for the implementation of Council Regulation (EEC)
No 404/93 regarding imports of bananas into the Community
(OJ 1998 L 293, p. 32), provisions which are alleged to conflict
with World Trade Organisation (WTO) rules and certain
general principles of Community law — the Court of First
Instance (Fifth Chamber), composed of P. Lindh, President,
R. Garcı´a-Valdecasas and J.D. Cooke, Judges; J. Palacio Gonza´-
lez, Administrator, for the Registrar, has given a judgment on
20 March 2001, in which it:

1. Dismisses the action;

2. Orders the applicant to pay its own costs and those of the

Commission.

(1) OJ C 121 of 1.5.99.