Judgment of the Court of First Instance of 6 December 2001 in Case T-43/98: Emesa Sugar (Free Zone) NV v Council of the European Union (Association arrangements for overseas countries and territories — Decision 97/803/EC — Sugar imports — Action for annulment — Action for compensation — Admissibility — Irreversible nature of the experience acquired — Principle of proportionality — Legal certainty)
Date: 2002-05-04
Institutions: Court of First Instance
Subjects: Council of the European Union, action for annulment (EU), import policy, overseas countries and territories, quantitative restriction, sugar industry

C 109/42

EN

Official Journal of the European Communities

4.5.2002

COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 6 December 2001

29 January 2002

in Case T-43/98: Emesa Sugar (Free Zone) NV v Council
of the European Union (1)

(Association arrangements for overseas countries and terri-
tories — Decision 97/803/EC — Sugar imports — Action
for annulment — Action for compensation — Admissibility
— Irreversible nature of the experience acquired — Principle
of proportionality — Legal certainty)

(2002/C 109/83)

(Language of the case: Dutch)

In Case T-43/98: Emesa Sugar (Free Zone) NV, established in
Oranjestad (Aruba), represented by G. van der Wal, lawyer,
with an address for service in Luxembourg, against Council of
the European Union (Agents:
J. Huber and G. Houttuin),
supported by Commission of the European Communities
(Agent: T. van Rijn), Kingdom of Spain (Agents: M. Lo´ pez-
Monis Gallego and R. Silva de Lapuerta) and French Republic
(Agent: K. Rispal-Bellanger) — application for annulment of
Council Decision 97/803/EC of 24 November 1997 amending
at mid-term Decision 91/482/EEC on the association of the
overseas countries and territories with the European Economic
Community (OJ 1997 L 329, p. 50), and an application for
compensation — the Court of First Instance (Third Chamber),
composed of J. Azizi, President, K. Lenaerts and M. Jaeger,
J. Plingers, Administrator, gave a judgment on
Judges;
6 December 2001, in which it:

1. Dismisses the action;

in Cases T-160/98: Firma Léon Van Parys NV and Pacific
Fruit Company NV v Commission of the European Com-
munities (1)

(Bananas — Common organisation of the markets — Action
for annulment — Admissibility — Reduction in reference
quantities)

(2002/C 109/84)

(Language of the case: Dutch)

In Case T-160/98, Firma Léon Van Parys NV, established in
Antwerp (Belgium), Pacific Fruit Company NV, established in
Antwerp, represented by P. Vlaemminck, L. Van den Hende
and J. Holmens,
lawyers, with an address for service in
Luxembourg, v Commission of the European Communities
(agents: H. van Vliet and L. Visaggio): Application for the
annulment of a decision allegedly taken by the Commission
between 12 March 1998 and 5 August 1998 reducing the
quantity of bananas marketed by the applicants in 1996 and
taken into account in determining their reference quantity for
1998, Court of First Instance of the European Communities
(Fifth Chamber), composed of: P. Lindh, President, R. Garcı´a-
Valdecasas and J.D. Cooke, Judges; H. Jung, Registrar, has given
a judgment on 29 January 2002, in which it:

2. Orders the applicant to bear its own costs and in addition to
pay the costs incurred by the Council, including those relating
to the proceedings for interim relief;

1. Declares the action inadmissible;

3. Orders the interveners to bear their own costs.

2. Orders the applicants to bear their own costs and those of the

Commission.

(1) OJ C 151 of 16. 5. 1998.

(1) OJ C 378 of 5.12.1998.