Case T-211/01: Action brought on the 17 September 2001 by Rica Foods (Free Zone) N.V. against Commission of the European Communities
Date: 2001-11-10
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), import, quantitative restriction, sugar industry

10.11.2001

EN

Official Journal of the European Communities

C 317/33

Since the complaint through official channels was unsuccess-
ful, the applicant brought the present action, in which he
submits:

— Breach of

the Staff Regulations, and in particular
Articles 25, paragraph 2, 62, paragraph 3, and 85 of
Article 1(3) of Annex VII to those Regulations and
Article 46 of Annex VIII;

— Failure to take account of general principles of law, such
as the principle of sound administration, protection of
legitimate expectations, legal certainty, and the principles
which require the Appointing Authority to take a decision
only on the basis of relevant reasons which are not
marred by errors of fact or law.

3.

order the Commission to pay the costs.

Pleas in law and main arguments

The applicant produces sugar and sugar/cocoa mixtures in
Aruba. Aruba is part of the Overseas Countries and Territories
(OCT). The sugar and the sugar/cocoa mixtures produced by
the applicant have OCT originating status as a result of the
EC/OCT and ACP/OCT accumulation and can be imported
free of duty into the EC.

as

By virtue of Commission Regulation 1325/2001 of 29 June
2001 (1)
Regulation
by
No 1476/2001 of 18 July 2001, (2) a quota of 4 848 tonnes of
sugar was introduced for the period from 1 July to 1 December
2001.

Commission

amended

Action brought on the 17 September 2001 by Rica Foods
(Free Zone) N.V. against Commission of the European
Communities

(Case T-211/01)

(2001/C 317/65)

(Language of the case: Dutch)

The applicant submits that the contested regulation infringes
Article 109 of the OCT Decision. When considering whether
to take the safeguard measures the Commission relied on
incorrect facts. The difficulties to which the Commission refers
are not difficulties within the meaning of Article 109 of the
OCT Decision. Moreover,
the Commission has failed to
demonstrate the causal link between those difficulties and the
deterioration in the situation of an economic sector in the
Community. The applicant states, further, that the import of
sugar and sugar/cocoa mixtures from the OCT has no effect
on those difficulties.

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 17 September 2001 by Rica Foods
(Free Zone) N.V., of Oranjestad (Aruba), represented by Gerard
van der Wal, lawyer, The Hague (Netherlands).

The applicant also alleges infringement of the principle of
proportionality, infringement of Articles 3 and 182 to 184 of
the EC Treaty. The contested regulation does not take into
account the privileged position which those articles accord to
the OCT.

The applicant claims that the Court should:

1.

annul Regulation 1325/2001;

The applicant also submits that Regulation 2553/97, to the
which the contested regulation refers is unlawful. Finally, the
applicant alleges abuse of discretion by the Commission and
failure to state reasons for the contested regulation.

2.

hold the Community liable for the damage caused to the
applicant by virtue of the fact that since 1 July 2001
the import of the products referred to in Regulation
1325/2001 has been prevented or restricted as a conse-
quence of that regulation and order that the parties shall
agree on the extent of the damage suffered by the
applicant and that, failing agreement thereon, the pro-
ceedings shall be resumed within a period to be specified
by the Court in order to determine the extent of the
damage, and order the Community to pay the interim
estimated damage and damage yet to be estimated; in the
further alternative order the Community to pay the
damages to be determined by the Court, plus interest of
8 % per annum from the date of the application until the
date of payment in full;

(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, 30.6.2001,
p. 57 to 59).

(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, 19.7.2001, p. 29 to 30).