Judgment of the Court of First Instance of 20 March 2001 in Case T-18/99 Cordis Obst und Gemüse Großhandel GmbH 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

C 150/22

EN

Official Journal of the European Communities

19.5.2001

against Commission of the European Communities (Agents:
K.-D. Borchardt and H. van Vliet) — application for compen-
sation for the loss allegedly suffered by the applicant as a
result of the introduction of the export licence system by
Commission Regulation (EC) No 478/95 of 1 March 1995 on
additional rules for the application of Council Regulation (EEC)
No 404/93 as regards the tariff quota arrangements for
imports of bananas into the Community and amending
Regulation (EEC) No 1442/93 (OJ 1995 L 49, p. 13) — the
Court of First Instance (Fifth Chamber), composed of: R. Garcı´a-
Valdecasas, President, P. Lindh and J.D. Cooke, Judges; B. Pas-
tor, Principal Administrator, for the Registrar, has given a
judgment on 1 February 2001, in which it:

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. Pala-
cio 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 86 of 27.3.99.

1. Dismisses the application;

2. Orders the applicant to pay the costs.

(1) OJ C 71 of 13.3.99.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 14 February 2001

in Case T-26/99: Trabisco SA v Commission of the
European Communities (1)

(Competition — Distribution of motor vehicles — Rejection
of a complaint — Action for annulment)

(2001/C 150/42)

(Language of the case: French)

In Case T-26/99, Trabisco SA, established in Cognac (France),
represented by J.-C. Fourgoux, avocat, with an address for
service in Luxembourg, against Commission of the European
Communities (Agents:
initially G. Marenco and L. Guérin
and, subsequently, Mr Marenco and F. Siredey-Garnier) —
application for annulment of the Commission decision of
17 November 1998 rejecting a complaint by the applicant
based on Article 85 of the EC Treaty (now Article 81 EC) —
the Court of First Instance (Second Chamber), composed of
J. Pirrung, President, and A. Potocki and A.W.H. Meij, Judges;
J. Palacio Gonza´lez, Administrator, for the Registrar, has given
a judgment on 14 February 2001, in which it:

1. Dismisses the application.

2. Orders the applicant to pay the costs.

(1) OJ C 100 of 10.4.1999.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 20 March 2001

in Case T-18/99 Cordis Obst und Gemüse Großhandel
GmbH 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 150/41)

(Language of the case: German)

In Case T-18/99 Cordis Obst und Gemüse Großhandel GmbH,
established in Ostrau (Germany), represented by G. Meier,
avocat, against Commission of the European Communities
(Agents: K.-D. Borchardt and H. van Vliet) — application for
compensation for the loss which the applicant has allegedly
suffered 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