Judgment of the Court of First Instance of 20 March 2001 in Case T-30/99 Bocchi Food Trade International 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: 2001-06-02
Institutions: Court of First Instance
Subjects: CCT duties, European Commission, action for annulment (EU), import, quantitative restriction, tropical fruit

2.6.2001

EN

Official Journal of the European Communities

C 161/15

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 7 February 2001

of 20 March 2001

in Case T-186/98: Compan˜ ı´a Internacional de Pesca y
Derivados, SA (Inpesca) v Commission of the European
Communities (1)

in Case T-30/99 Bocchi Food Trade International GmbH
v Commission of the European Communities (1)

(Fisheries — Community financial aid for the construction
of fishing vessels — Regulation (EEC) No 4028/86 —
Request for reconsideration — Substantial new facts —
Action for annulment and damages — Inadmissible)

(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 161/32)

(2001/C 161/33)

(Language of the case: Spanish)

(Language of the case: German)

In Case T-186/98: Compan˜ ı´a Internacional de Pesca y Deriva-
dos, SA (Inpesca), established in Bermeo (Spain), represented
by M.I. Angulo Fuertes and M.B. Angulo Fuertes, abogadas,
with an address for service in Luxembourg, against Com-
mission of the European Communities (Agents: L. Visaggio
and J. Guerra Ferna´ndez) — application for, first, annulment
of
the decision allegedly contained in a letter from the
Commission dated 16 September 1998 and, second, an order
that the Commission make good the harm allegedly sustained
by the applicant — the Court of First
Instance (Second
Chamber), composed of: J. Pirrung, President, A. Potocki and
A.W.H. Meij, Judges; H. Jung, Registrar, has given a judgment
on 7 February 2001, in which it:

1. Declares the ‘further observations’ filed by the applicant on

21 July 1999 inadmissible;

In Case T-30/99 Bocchi Foad Trade International GmbH,
established in Bergisch Gladbach (Germany), represented by
G. Meier, avocat, against Commission of the European Com-
munities (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 introdu-
cing, 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 L 293, 1998, 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. Garcia-Valdecasas and J.D. Cooke,
Judges; J. Palacio Gonzalez, Administrator, for the Registrar,
has given a judgment on 20 March 2001, in which it:

2. Dismisses the application;

1. Dismisses the action;

3. Orders the applicant to pay the costs.

Commission.

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

(1) OJ C 20 of 23.1.99.

(1) OJ C 86 of 27.3.99.