Case T-178/01: Action brought on 31 July 2001 by Di Lenardo Adriano s.r.l. against Commission of the European Communities
Date: 2001-10-13
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), competition law, import, import licence, tropical fruit

C 289/34

EN

Official Journal of the European Communities

13.10.2001

Action brought on 31 July 2001 by Di Lenardo Adriano
s.r.l. against Commission of the European Communities

(Case T-178/01)

(2001/C 289/74)

(Language of the case: Italian)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 31 July 2001 by Di Lenardo
Adriano s.r.l., represented by Aldo Bozzi, Claudia M.R. Gatti
and Bruno Telchini, lawyers.

The applicant claims that the Court should:

— annul Commission Regulation (EC) No 896/2001 of
7 May 2001 laying down detailed rules for applying
Council Regulation (EEC) No 404/93 as regards the
arrangements for importing bananas into the Com-
munity;

— order the Commission to pay the costs.

Pleas in law and main arguments

For over 20 years the applicant company has been marketing
third-country bananas, having been recognised as a traditional
operator A/B since the entry into force of Regulation
No 404/93. However, from 1 July 2001 it has been refused,
on the basis of the contested regulation, the chance to operate
in the banana importing sector either in respect of the quota
reserved for traditional operators (83 %) or of the quota
reserved for non-traditional operators (17 %).

— introducing ex novo the condition set

forth at
Article 6(c) of Regulation No 896/200 of not being
related to another traditional operator;

— using Article 143 of the Customs Code as a pre-
sumption juris et de jure in order to prevent new
operators gaining access to the market in bananas.

— infringement of

the first and third paragraphs of
Article 3b (now Article 5) of the EC Treaty, as well as
breach of the fundamental principles of legal certainty
and legitimate expectations, and infringement of the first
and second paragraphs of Article F (now Article 6) of the
Treaty on European Union. The applicant argues in this
respect that the Commission has infringed the applicant’s
property rights and the right to pursue a professional
activity, having gone beyond what is necessary to achieve
the objectives of the Community. Moreover, the prin-
ciples of legal certainty and legitimate expectations have
been infringed inasmuch as the new category of operators
applies ex tunc.

— breach of the principle of non-discrimination, guaranteed

under Article 34(2) of the EC Treaty

— infringement of Article 85 (now Article 81) and Article 86
(now Article 82) of the EC Treaty,
inasmuch as the
contested regulation prevents competition between tra-
ditional operators, creating a situation in the banana
market which amounts to a de facto derogation from
Article 82.

Action brought on 30 July 2001 by Dilexport s.r.l. against
Commission of the European Communities

(Case T-179/01)

(2001/C 289/75)

(Language of the case: Italian)

In support of its arguments, the applicant alleges:

— infringement of Regulation No 404/93, as well as of
Article 4 (now Article 7) of the EC Treaty. The applicant
claims in this respect that the Commission encroached
on the competencies which properly belong to the
Council by:

— introducing ex novo a category of banana operator
altogether foreign to the Council regulations;

— introducing the concept of ‘primary imports’ as the

test for traditional operators;

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 30 July 2001 by Dilexport s.r.l.,
represented by Aldo Bozzi, Claudia M.R. Gatti and Bruno
Telchini, lawyers.

The applicant claims that the Court should:

— annul Commission Regulation (EC) No 896/2001 (1) of
7 May 2001 laying down detailed rules for applying
Council Regulation (EEC) No 404/93 as regards the
arrangements for importing bananas into the Com-
munity;