Case T-108/01: Action brought on 10 May 2001 by Free Trade Foods N.V. v Commission of the European Communities
Date: 2001-08-11
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), import, overseas countries and territories, protective clause, sugar product

11.8.2001

EN

Official Journal of the European Communities

C 227/25

Action brought on 10 May 2001 by Free Trade Foods N.V.
v Commission of the European Communities

17 December 1997 (2) whose provisions the contested
regulation also declares applicable.

(Case T-108/01)

(2001/C 227/48)

(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 10 May 2001 by Free Trade Foods
N.V., whose registered office is at Curaça˜o (Dutch Antilles),
represented by M. Slotboom and N.J. Helder, Lawyers, Rot-
terdam.

The applicant claims that the Court should:

1) Annul Regulation 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 cumu-
lation of origin for the period 1 March to 30 June 2001];

2)

declare that the Community is liable for the damage
suffered by Free Trade Foods N.V. as a result of Regulation
No 396/2001 of 27 February 2001;

(1) Commission Regulation (EC) No 396/2001 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 058 of 28.2.2001, pp. 13 to 15.

(2) Commission Regulation (EEC) No 2553/97 of 17 December 1997
on rules for issuing the import licences for certain products
covered by CN codes 1701, 1702, 1703and 1704 and qualifying
as CP/OCT originating products, OJ 349 of 19.12.1997, pp. 26
to 30.

Action brought on 18 May 2001 by Fleuren Compost N.V
v Commission of the European Communities

(Case T-109/01)

(2001/C 227/49)

3)

order the Commission to pay the costs.

(Language of the case: Dutch)

Pleas in law and main arguments

Free Trade Foods N.V. owns a sugar factory on Curaça˜o which
is geared to the processing of C-sugar originating in the
Community and which acquires OCT origin pursuant
to
EC/OCT cumulation. That sugar can then be imported into the
Community free of duty.

However, pursuant to the Fourth Safeguard Measure (Com-
mission Regulation No 396/2001 of 27 February 2001 (1)) a
quota of 3 878 tons applies.

In support of
following pleas:

its application the applicant submits the

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 18 May 2001 by Fleuren Compost
N.V., whose registered office is at Middelharnis (Netherlands),
represented by Jules Stuyck, Lawyer, Brussels.

The applicant claims that the Court should:

— Annul the Commission Decision of 13 December 2000
concerning the aid scheme which the Kingdom of the
Netherlands has established in favour of six manure
processing undertakings, at least in so far as it relates to
the applicant;

— Order the Commission to pay the costs of the proceed-

ings.

— infringement of Article 109 of the OCT Decision;

Pleas in law and main arguments

— infringement of the precedence established in the EC

Treaty in favour of OCT goods;

— infringement of Article 7(5) of the agreement on safe-
guard measures concluded in the context of the WTO,
and of Article 300(7) EC;

— unlawfulness of Commission Regulation No 2553/97 of

The applicant has received, as a manure processing factory,
subsidies from the Netherlands authorities in the framework,
according to the applicant, of the Bijdrageregeling Proefprojec-
ten Mestverwerking (BPM) [contribution scheme for manure
processing pilot projects]. However, in Decision C(2000)4070
of 13 December 2000 addressed to the Netherlands authorities,
the Commission requested recovery of the subsidy paid to the
applicant and a number of other undertakings.