Judgment of the Court of First Instance of 6 December 2001 in Case T-44/98: Emesa Sugar (Free Zone) NV v Commission of the European Communities (Association arrangements for overseas countries and territories — Sugar imports — Refusal of import licence — Action for annulment — Plea of illegality — Decision 97/803/EC — Irreversible nature of the experience acquired — Principle of proportionality — Legal certainty — Regulation (EC) No 2553/97)
Date: 2002-06-01
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), import licence, overseas countries and territories, quantitative restriction, sugar

1.6.2002

EN

Official Journal of the European Communities

C 131/15

COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 6 December 2001

of 30 January 2002

in Case T-44/98: Emesa Sugar (Free Zone) NV v Com-
mission of the European Communities (1)

in Case T-35/99: Keller SpA and Keller Meccanica SpA v
Commission of the European Communities (1)

(Association arrangements for overseas countries and terri-
tories — Sugar imports — Refusal of import licence —
Action for annulment — Plea of illegality — Decision 97/
803/EC — Irreversible nature of the experience acquired —
Principle of proportionality — Legal certainty — Regulation
(EC) No 2553/97)

(2002/C 131/27)

(Language of the case: Dutch)

In Case T-44/98: Emesa Sugar (Free Zone) NV, established in
Oranjestad (Aruba), represented by G. van der Wal, lawyer,
with an address for service in Luxembourg, against Com-
mission of the European Communities (Agents: P.J. Kuijper
and T. van Rijn), supported by Council of the European Union
(Agents: J. Huber and G. Houttuin), Kingdom of Spain (Agents:
M. Lo´ pez-Monis Gallego and R. Silva de Lapuerta), French
Republic (Agent: K. Rispal-Bellanger), and United Kingdom of
Great Britain and Northern Ireland (Agent: R. Magrill) —
application for annulment of the Commission’s decision of
23 December 1997 (VI/51329), addressed to the Hoofdpro-
ductschap voor Akkerbouwproducten, rejecting an application
for an import licence for 3 010 tonnes of sugar, submitted
pursuant
to Commission Regulation No 2553/97 of
17 December 1997 on rules for issuing import licences for
certain products covered by CN codes 1701, 1702, 1703 and
1704 and qualifying as ACP/OCT originating products (OJ
1997 L 349, p. 26), — the Court of First Instance (Third
Chamber), composed of J. Azizi, President, K. Lenaerts and
M. Jaeger, Judges; J. Plingers, Administrator, for the Registrar,
has given a judgment on 6 December 2001, in which it:

(1) Dismisses the action;

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

(3) Orders the interveners to bear their own costs.

(State aid — Undertakings active in the field of producing
railway rolling stock — Undertakings in special adminis-
tration — Aid for the regions of Sicily and Sardinia —
Subsidised loans — Pre-existing or new aid — Scope of the
decisions approving the schemes in question — Aid for
the rescue or restructuring of undertakings in difficulties
Commission guidelines — Article 92 of the EC Treaty (now
Article 87 EC) — Obligation to state reasons)

(2002/C 131/28)

(Language of the case: Italian)

In Case T-35/99 Keller SpA, established at Palermo (Italy)
and Keller Meccanica SpA, established at Villacidro (Italy),
represented by D. Corapi, V. Cappucelli and M. Merola,
lawyers, with an address for service in Luxembourg, supported
by Italian Republic (Agents: V. Leanza and O. Fiumara), against
Commission of the European Communities (Agents: initially
G. Rozet and A. Aresu, subsequently G. Rozet and V. Di Bucci):
— application for annulment of Commission decision 1999/
195/EC of 1 July 1998 on aid granted and to be granted by
Italy to Keller SpA and Keller Meccanica SpA (OJ 1999 L 63,
p. 55) — the Court of First Instance (Second Chamber,
Extended Composition), composed of: A.W.H. Meij, President,
and K. Lenaerts, M. Jaeger, J. Pirrung and M. Vilaras, Judges;
H. Jung, Registrar, has given a judgment on 30 January 2002
in which it:

1. Dismisses the application.

2. Orders the applicants to bear their own costs and, jointly and

severally, to pay the Commission’s costs.

3. Orders the intervener to bear its own costs.

(1) OJ C 151 of 16.5.1998.

(1) OJ C 121 of 1.5. 1999.