Judgment of the Court of First Instance of 1 February 2001 in Case T-1/99: T. Port GmbH & Co. KG v Commission of the European Communities (Bananas — Common organisation of the markets — Regulation (EC) No 478/95 — Export licence scheme — Action for damages — Proof of damage and causal link)
Date: 2001-05-19
Institutions: Court of First Instance
Subjects: European Commission, appeal to the Court (EU), export licence, import, third country, tropical fruit

19.5.2001

EN

Official Journal of the European Communities

C 150/21

2. Orders the Commission to bear its own costs together with
those of the applicant in the main proceedings and in the
application for interim relief;

3. Orders the Federal Republic of Germany to bear its own costs.

(1) OJ C 312 of 10.10.98.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 20 February 2001

in Case T-112/98: Mannesmannröhren-Werke AG v Com-
mission of the European Communities (1)

(Action for annulment — Competition — Decision to request
information — Periodic penalty payments — Right to refuse
to provide answers that imply admission of an infringement
— Convention for the Protection of Human Rights and
Fundamental Freedoms)

(2001/C 150/38)

(Language of the case: German)

In Case T-112/98: Mannesmannröhren-Werke AG, established
at Mülheim an der Ruhr (Germany), represented by M. Klus-
mann and K. Moosecker, Rechtsanwälte, with an address for
service in Luxembourg, against Commission of the European
Communities (Agents: K. Wiedner and M. Hilf) — application
for annulment of Commission Decision C(98) 1204 of 15 May
1998 relating to a procedure under Article 11(5) of Council
Regulation No 17 — the Court of First Instance (First Chamber,
Extended Composition), composed of B. Vesterdorf, President,
and A. Potocki, A.W.H. Meij, M. Vilaras and N.J. Forwood,
Judges; H. Jung, Registrar, has given a judgment on 20 February
2001, in which it:

1. Annuls Commission Decision C(98) 1204 of 15 May 1998
relating to a procedure under Article 11(5) of Council
Regulation No 17, in so far as it relates to the last indent of
each of questions 1.6, 1.7 and 2.3 and to question 1.8 of the
request for information sent to the applicant on 13 August
1997;

2. Dismisses the remainder of the application;

3. Orders the defendant to bear its own costs and to pay two thirds
of the costs of the applicant, which shall bear the remaining
third.

(1) OJ C 312 of 10.10.98.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 8 February 2001

in Case T-183/98: Jean-François Ferrandi v Commission
of the European Communities (1)

(Officials — Transfer of pension rights — Weighting for
old-age pension — Protection against the risk of sickness —
Invalidity pension — Force of res judicata)

(2001/C 150/39)

(Language of the case: French)

In Case T-183/98: Jean-François Ferrandi, former official at the
Commission of the European Communities, residing in Ajaccio
(France), represented by J.-B. Giuseppi, avocat, with an address
for service in Luxembourg, against Commission of the Euro-
pean Communities (Agents: G. Valsesia and F. Clotuche-
Duvieusart) — application for, first, annulment of the decision
of the Commission to reject the applicant’s requests for his
pension rights acquired prior to entering the service of
the European Communities to be transferred, the weighting
applicable to his old-age pension to be recalculated,
for
protection against the risk of sickness and for an invalidity
pension and, secondly, for compensation for harm caused as a
result of those requests having been refused — the Court of
First Instance (Single Judge: P. Mengozzi); H. Jung, Registrar,
gave a judgment on 8 February 2001, in which it:

1.

2.

dismisses the application;

orders each of the parties to bear their own costs.

(1) OJ C 1 of 4.1.99.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 1 February 2001

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

(Bananas — Common organisation of the markets —
Regulation (EC) No 478/95 — Export licence scheme —
Action for damages — Proof of damage and causal link)

(2001/C 150/40)

(Language of the case: German)

In Case T-1/99: T. Port GmbH & Co. KG, established in
Hamburg (Germany), represented by G. Meier, Rechtsanwalt,

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