Order of the Court of 2 May 2001 in Case C-307/99 (reference for a preliminary ruling from the Finanzgericht Hamburg, Germany): OGT Fruchthandelsgesellschaft mbH v Hauptzollamt Hamburg-St. Annen (Article 104(3) of the Rules of Procedure — Bananas — Common organisation of the market — GATT — Direct effect — First paragraph of Article 234 of the EC Treaty (now, after amendment, first paragraph of Article 307 EC))
Date: 2001-07-14
Institutions: Court of Justice
Subjects: ACP countries, application of EU law, common organisation of markets, import, interpretation of the law, tropical fruit

14.7.2001

EN

Official Journal of the European Communities

C 200/37

An action for rescission of a contract for the sale of land and
consequential damages is not within the scope of the rules on exclusive
jurisdiction in proceedings which have as their object rights in rem
in immovable property under Article 16(1) of the Convention of
27 September 1968 between the Member States of the European
Economic Community on jurisdiction and the enforcement of judg-
ments in civil and commercial matters, as amended by the Convention
of 9 October 1978 on the accession of the Kingdom of Denmark,
Ireland and the United Kingdom of Great Britain and Northern
Ireland and by the Convention of 25 October 1982 on the accession
of the Hellenic Republic.

Articles I and XIII of the General Agreement on Tariffs and Trade
1994, in Annex 1A to the Agreement establishing the World Trade
Organisation, approved on behalf of the European Community, as
regards matters within its
competence, by Council Decision
94/800/EC of 22 December 1994, are not such as to create rights
which individuals may rely on directly before a national court in order
to oppose the application of the second subparagraph of Article
18(1) of Council Regulation (EEC) No 404/93 of 13 February
1993 on the common organisation of the market in bananas, as
amended by Council Regulation (EC) No 1637/98 of 20 July 1998.

(1) OJ C 63 of 4.3.2000

(1) OJ C 299 of 16.10.1999

ORDER OF THE COURT

of 2 May 2001

in Case C-307/99 (reference for a preliminary ruling from
the Finanzgericht Hamburg, Germany): OGT Fruchthand-
elsgesellschaft mbH v Hauptzollamt Hamburg-St. Ann-
en (1)

(Article 104(3) of the Rules of Procedure — Bananas —
Common organisation of the market — GATT — Direct
effect — First paragraph of Article 234 of the EC Treaty
(now, after amendment, first paragraph of Article 307 EC))

(2001/C 200/67)

(Language of the case: German)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-307/99: reference to the Court under Article 234
EC from the Finanzgericht (Finance Court) Hamburg for a
preliminary ruling in the proceedings pending before that
court between OGT Fruchthandelsgesellschaft mbH and
Hauptzollamt Hamburg-St. Annen — on the interpretation of
Articles I and XIII of the General Agreement on Tariffs and
Trade 1994, in Annex 1A to the Agreement establishing the
World Trade Organisation, approved on behalf of the Euro-
pean Community, as regards matters within its competence,
by Council Decision 94/800/EC of 22 December 1994 (OJ
1994 L 336, p. 1) — the Court, composed of: G.C. Rodrı´guez
Iglesias, President, C. Gulmann, A. La Pergola, M. Wathelet and
V. Skouris
(Presidents of Chambers), D.A.O. Edward,
J.-P. Puissochet, P. Jann, L. Sevo´ n, R. Schintgen (Rapporteur),
F. Macken, N. Colneric, S. von Bahr, J.N. Cunha Rodrigues and
C.W.A. Timmermans, Judges; A. Tizzano, Advocate General;
R. Grass, Registrar, has made an order on 2 May 2001, in
which it has ruled:

ORDER OF THE COURT

(Fifth Chamber)

of 10 May 2001

in Case C-345/00 P: Fédération Nationale d’Agriculture
Biologique des Régions de France (FNAB) and Others v
Council of the European Union (1)

(Appeal — Regulation (EEC) No 1804/1999 — Prohibition
of using indications suggesting an organic method of pro-
duction in the labelling and advertising of products not
obtained by that production method — Temporary dero-
gation for existing trade-marks — Application for annul-
ment — Inadmissible — Appeal manifestly unfounded)

(2001/C 200/68)

(Language of the case: French)

(Provisional translation: the definitive translation will be published
in the Reports of Cases before the Court)

In Case C-345/00 P Fédération Nationale d’Agriculture Biolo-
gique des Régions de France (FNAB), established in Paris,
France, Syndicat Européen des Transformateurs et Distrib-
uteurs de Produits de l’Agriculture Biologique (SETRAB),
established in Paris, France, Est Distribution Biogam Sàrl,
established in Château-Salins, France, represented by the
lawyer D. Leermakers and C. Hatton, Solicitor, with an address