Judgment of the Court of First Instance of 12 July 2001 in Joined Cases T-198/95, T-171/96, T-230/97, T-174/98 and T-225/99, Comafrica SpA and Dole Fresh Fruit Europe Ltd & Co. v Commission of the European Communities (Common organisation of the markets — Bananas — Action for annulment — Admissibility — Legality of reduction and adjustment coefficients — Action for damages)
Date: 2001-11-24
Institutions: Court of First Instance
Subjects: EC Regulation, European Commission, action for annulment (EU), quantitative restriction, tariff quota, tropical fruit

C 331/18

EN

Official Journal of the European Communities

24.11.2001

COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 12 July 2001

in Joined Cases T-198/95, T-171/96, T-230/97, T-174/98
and T-225/99, Comafrica SpA and Dole Fresh Fruit Europe
Ltd & Co. v Commission of the European Communities (1)

(Common organisation of the markets — Bananas — Action
for annulment — Admissibility — Legality of reduction and
adjustment coefficients — Action for damages)

(2001/C 331/28)

(Language of the case: English)

In Joined Cases T-198/95, T-171/96, T-230/97, T-174/98 and
T-225/99 Comafrica SpA, established in Genoa (Italy), and
Dole Fresh Fruit Europe Ltd & Co., established in Hamburg
(Germany), represented by B. O’Connor, Solicitor, and B. Gar-
cı´a Porras, lawyer, with an address for service in Luxembourg,
against Commission of the European Communities (Agents:
X. Lewis, K. Fitch, H. van Vliet, T. van Rijn, C. Van der
Hauwaert, E. de March, J. Flett and J. Handoll), supported by
the French Republic, (Agents: C. Vasak, C. de Salins, K. Rispal-
Bellanger and F. Pascal),
in Cases T-198/95, T-171/96,
T-230/97, and the Kingdom of Spain, (Agent: R. Silva de
Lapuerta), in Cases T-230/97 and T-225/99 — application
for — in Case T-198/95, first, annulment of Commission
Regulation (EC) No 1869/95 of 26 July 1995, amending
Regulation (EC) No 2947/94 fixing the single reduction
coefficient for the determination of the quantity of bananas to
be allocated to each operator in categories A and B within the
tariff quota for 1995 (OJ 1995 L 179, p. 38), and, secondly,
for damages together with interest thereon, in compensation
for the loss caused to the applicants by the adoption of
Regulation (EC) No 1869/95, — in Case T-171/96, first,
annulment of Commission Regulation (EC) No 1561/96
of 30 July 1996 fixing the reduction coefficients for the
determination of the quantity of bananas to be allocated to
each operator in categories A and B within the tariff quota for
1996 (OJ 1996 L 193, p. 15), and, secondly, for damages
together with interest thereon in compensation for the loss
caused to the applicants by the adoption of that Regulation —
in Case T-230/97, first, annulment of Commission Regulation
(EC) No 1155/97 of 25 June 1997 fixing the reduction
coefficients for the determination of the quantity of bananas
to be allocated to each operator in categories A and B within
the tariff quota for 1997 (OJ 1997 L 168, p. 67) and, secondly,
for damages together with interest thereon in compensation
for the loss caused to the applicants by the adoption of
that Regulation — in Case T-174/98, first, annulment of
Commission Regulation (EC) No 1721/98 of 31 July 1998
fixing the reduction coefficients for the determination of the
quantity of bananas to be allocated to each operator in
categories A and B within the tariff quota for 1998 (OJ 1998

L 215, p. 62) and, secondly, for damages together with interest
thereon in compensation for the loss caused to the applicants
by the adoption of that Regulation — in Case T-225/1999,
first, annulment of Commission Regulation (EC) No 1586/99
of 20 July 1999 amending Regulation (EC) No 2632/98 laying
down for 1999 the single adjustment coefficient to be applied
to each traditional operator’s provisional reference quantity
under the tariff quotas for traditional ACP bananas (OJ 1999
L 188, p. 19) and, secondly, for damages together with interest
thereon in compensation for the loss caused to the applicants
by the adoption of Regulation (EC) No 1586/1999, — the
Court of First Instance (Fifth Chamber), composed of P. Lindh,
President, R. Garcı´a-Valdecasas and J.D. Cooke, Judges; J. Pala-
cio Gonza´lez, Administrator, for the Registrar, has given a
judgment on 12 July 2001, in which it:

1. Dismisses the claims for annulment as inadmissible.

2. Dismisses the claims for damages as unfounded.

3. Orders the applicants to bear their own costs and jointly to pay

the costs of the Commission.

4. Orders the interveners to bear their own costs.

(1) OJ C 351 of 30.12.95, C 9 of 11.1.97, C 318 of 18.10.97, C 160

of 5.6.1999 and C 6 of 8.1.2000.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 12 July 2001

in Joined Cases T-12/99 and T-63/99 UK Coal plc v
Commission of the European Communities (1)

(ECSC Treaty — Decision No 3632/93/ECSC — Operating
aid and aid for the reduction of activity — Authorisation ex
post facto of aid already paid — Improvement of the viability
of recipient undertakings — Degression of aid — Bonus
paid to underground mineworkers (Bergmannsprämie) —
Amendment of a modernisation, rationalisation and restruc-
turing plan — Taking account of a concentration between
undertakings — Statement of reasons)

(2001/C 331/29)

(Language of the case: English)

In Joined Cases T-12/99 and T-63/99 UK Coal plc, formerly
RJB Mining plc, whose registered office is in Harworth (United
and
Kingdom),

represented by M. Brealey, Barrister,