Case T-87/01: Action brought on 13 April 2001 by Rica Foods (Free Zone) NV against the Commission of the European Communities
Date: 2001-06-30
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), overseas countries and territories, production quota, protective clause, sugar product

C 186/14

EN

Official Journal of the European Communities

30.6.2001

— Registration of the mark in
question would accord with
the
the other
decision-making practice fol-
lowed by
the Boards of
Appeal.

aspects of

— Infringement,

alternatively
misinterpretation,
of
Article 7(1)(b) and (c) of Regu-
lation No 40/94.

Pleas in law and principal arguments

in
The applicant pleads, with reference to the judgment
Antillean Rice Mills, that safeguard measures must be of a
temporary nature. It maintains that no assessment whatever
has been carried out, let alone any examination of the need for
an extension.

For the rest, the pleas in law and main arguments are analogous
to those in Cases T-94/00 and T-332/00.

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the

Community trade mark (OJ 1994 L 11, p. 1).

(1) What is meant is Commission Regulation (EC) No 396/2001 of
27 February 2001 providing for the continued application of
safeguard measures for imports from the overseas countries and
territories of sugar sector products with EC/OCT cumulation of
origin for the period 1 March to 30 June 2001 (OJ L 58 of
28.2.2001, p. 13).

Action brought on 13 April 2001 by Rica Foods (Free
Zone) NV against the Commission of the European
Communities

(Case T-87/01)

(2001/C 186/21)

(Language of the case: Dutch)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 13 April 2001 by Rica Foods (Free
Zone) NV, established at Oranjestad (Aruba), represented by
G. van der Wal, of the Brussels Bar, with an address for service
in Luxembourg at the Chambers of A. May, 398 Route d’Esch.

The applicant claims that the Court should:

— annul Regulation No 376/2001 (1);

— rule that the Community is liable for the damage suffered
by the applicant as a result of the fact that, since 1 March
2001, the importation of the products referred to in
Regulation No 376/2001 has been prevented or restricted
in consequence of that regulation, and order that the
parties should seek to reach agreement on the extent of
the damage suffered by the applicant, and that, if no such
agreement is reached, the proceedings are to be resumed
within a time-limit to be specified by the Court, with a
view to determining the quantum of the damage, and
further order the Community to pay the damages pro-
visionally quantified and yet to be quantified, alternatively
to pay such compensation as the Court may deem fair
and equitable, together with interest thereon at the rate
of 8 % per annum from the date of the application until
payment in full;

— order the Commission to pay the costs.

Action brought on 24 April 2001 by Sniace, S.A. against
the Commission of the European Communities

(Case T-88/01)

(2001/C 186/22)

(Language of the case: Spanish)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 24 April 2001 by Sniace, S.A.,
established in Madrid, represented by José Luis Baro´ Fuentes,
Miguel Angel Go´ mez de Lian˜ o y Botella and Fernando
Rodrı´guez Carretero, abogados.

The applicant claims that the Court should:

— annul Article 1 of the decision of 19 July 2000, inasmuch
as it establishes that the provision of guarantees amount-
ing to EUR 35,80 million does not constitute State aid
within the meaning of Article 87(1) of the EC Treaty;

— annul Article 2 of the decision, inasmuch as it establishes
that the aid granted by Austria to LLG through the
provision of a guarantee amounting to EUR 14,5 million
by WiBAG complies with the guarantee guidelines
approved by the Commission under number No 542/95;

— annul Article 3 of the decision, inasmuch as it establishes
that the individual aid which Austria has granted in the
form of aid amounting to EUR 0,4 million for land
acquisition and in the form of equity capital amounting
to EUR 21,8 million is compatible with the common
market;