Case T-202/01: Action brought on 30 August 2001 by Free Trade Foods NV against the Commission of the European Communities
Date: 2001-10-27
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), free circulation, import licence, overseas countries and territories, sugar industry

C 303/26

EN

Official Journal of the European Communities

27.10.2001

The applicant claims that the Commission, when exercising its
discretion, did not take account of the fact that another firm
obtains or strengthens a dominant position in specific areas of
glass manufacture if the applicant disappears from the market.
That is a manifest error of appraisal and therefore an infringe-
ment of Article 87(3)(c) EC. Moreover, the Commission took
a restructuring plan as a basis which it knew to be no longer
current.

continue with a view to determining the quantum of the
damage, and order the Community in any event to pay
to be
the damages provisionally quantified and yet
quantified, alternatively order the Community to pay
such compensation as the Court may deem fair and
equitable, together with interest thereon from the date of
the application until payment in full;

(3) order the Commission to pay the costs.

Finally, the applicant complains of infringement of the appli-
cant’s right to a fair hearing, of its rights of defence, of the
principle of good administration, of the duty to state reasons
(Article 253 EC) and of Article 20(1) of Regulation
No 659/1999 (1).

Pleas in law and main arguments

(1) Council Regulation (EC) No 659/1999 of 22 March 1999 laying
down detailed rules for the application of Article 93 of the EC
Treaty (OJ L 83, p. 1).

Action brought on 30 August 2001 by Free Trade Foods
NV against the Commission of the European Communities

(Case T-202/01)

(2001/C 303/41)

(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 30 August 2001 by Free Trade
Foods NV, established in Curaçao (Dutch West Indies), rep-
resented by M.M. Slotboom and N.J. Helder, lawyers.

The applicant claims that the Court should:

(1)

(2)

annul Regulation 1325/2001 of 29 June 2001 introdu-
cing safeguard measures for imports from the overseas
countries and territories of sugar sector products with
EC/OCT cumulation of origin;

rule that the Community is liable for the damage suffered
by the applicant as a result of the Fifth Safeguard Measure,
and that the parties should seek to reach agreement on
the extent of the damage suffered by the applicant, and
order that, if no such agreement is reached within a time-
limit to be specified by the Court, the proceedings are to

The applicant has a sugar refinery in Curaçao which is used
for processing C sugar from the European Community. That
sugar obtains OCT origin under the EC/OCT cumulation of
origin rule, and can be imported into the Community duty-
free.

By Regulation 1325/2001 of 29 June 2001 (1)
(the Fifth
Safeguard Measure), amended by Commission Regulation
1476/2001 of 18 July 2001 (2), a quota of 4 848 tonnes was
fixed for the period 1 July to 1 December 2001.

The applicant puts forward the following pleas in law in
support of its claims:

— infringement of Article 109 of the OCT decision;

— infringement of the order of preference established by the

EC Treaty in favour of OCT goods;

— infringement of Article 7(5) of the Agreement on Safe-
guards concluded within the framework of the WTO, and
of Article 33(7) EC;

— illegality of Regulation 2553/97, the provisions of which
have been declared applicable by the contested regulation.

(1) Commission Regulation (EC) No 1325/2001 of 29 June 2001
providing for the continued application of safeguard measures
with regard to imports of sugar sector products with EC/OCT
originating status from the overseas countries and territories for
the period 1 July to 1 December 2001 (OJ L 177 of 30 June 2001,
p. 57).

(2) Commission Regulation (EC) No 1476/2001 of 18 July 2001
amending Regulation (EC) No 1325/2001 as regards safeguard
measures with regard to imports from the overseas countries
and territories of mixtures of sugar and cocoa with ACP/OCT
originating status for the period 1 July to 1 December 2001 (OJ
L 195 of 19 July 2001, p. 29).