Judgment of the Court of First Instance of 14 November 2002 in Joined Cases T-94/00, T-110/00 and T-159/00: Rica Foods (Free Zone) NV and Others v Commission of the European Communities (Association arrangements for the overseas countries and territories — Regulation (EC) No 465/2000 — Imports of sugar and mixtures of sugar and cocoa — EC/OCT cumulation of origin — Safeguard measure — Application for annulment — Action for damages — Article 109 of the OCT Decision — Principle of proportionality — Misuse of powers)
Date: 2003-02-08
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), import, overseas countries and territories, production quota, protective clause, sugar product

C 31/16

EN

Official Journal of the European Union

8.2.2003

COURT OF FIRST INSTANCE

Information

(2003/C 31/22)

At its meeting on 9 January 2003, the Court of First Instance
decided as follows:

The decisions adopted on 4 July 2002 (OJ 2002 C 202, p. 19)
on the designation of the Presidents of Chamber and the
composition of the Chambers for the period between 1 Octo-
ber 2002 and 30 September 2003 shall remain in force, after
the entry into force of the Treaty of Nice, for the period for
which they were adopted.

K. Lenaerts and J. Azizi, Judges; J. Plingers, Administrator, for
the Registrar, has given a judgment on 14 November 2002, in
which it:

1. Orders that Cases T-94/00, T-110/00 and T-159/00 be

joined for the purposes of the judgment;

2. Dismisses the applications;

3. Orders each of the applicants to bear its own costs and pay
those incurred by the Commission, including those incurred by
it in the proceedings for interim relief, in the case it has brought;

4. Orders the interveners to bear their own costs.

(1) OJ C 176 of 24.6.00 and C 259 of 9.9.00.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 14 November 2002

in Joined Cases T-94/00, T-110/00 and T-159/00: Rica
Foods (Free Zone) NV and Others v Commission of the
European Communities (1)

(Association arrangements for the overseas countries and
territories — Regulation (EC) No 465/2000 — Imports of
sugar and mixtures of sugar and cocoa — EC/OCT cumu-
lation of origin — Safeguard measure — Application for
annulment — Action for damages — Article 109 of the
OCT Decision — Principle of proportionality — Misuse of
powers)

(2003/C 31/23)

(Language of the case: Dutch)

In Joined Cases T-94/00, T-110/00 and T-159/00: Rica Foods
(Free Zone) NV, established in Oranjestad (Aruba), represented
by G. van der Wal,
lawyer, with an address for service in
Luxembourg, Free Trade Foods NV, established in Curaçao
(Netherlands Antilles), Suproco NV, established in Curaçao,
represented by M. Slotboom and J. Coumans, avocats, with an
address for service in Luxembourg, supported by Kingdom of
the Netherlands (Agents: J. van Bakel and H. G. Sevenster),
against Commission of the European Communities (Agent:
T. van Rijn), supported by Kingdom of Spain (Agent: N. Díaz
in Cases T-94/00 and T-110/00, by French
Abad) and,
Republic (Agents: G. de Bergues and L. Berheim) — application
first, for annulment of Commission Regulation (EC) No 465/
2000 of 29 February 2000 introducing safeguard measures
for imports from the overseas countries and territories of sugar
sector products with EC/OCT cumulation of origin (OJ 2000
L 56, p. 39), and secondly for damages — the Court of First
Instance (Third Chamber), composed of M. Jaeger, President,

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 14 November 2002

in Joined Cases T-332/00 and T-350/00: Rica Foods (Free
Zone) NV and Free Trade Foods NV v Commission of the
European Communities (1)

(Association arrangements for the overseas countries and
territories — Regulation (EC) No 2081/2000 — Imports of
sugar and mixtures of sugar and cocoa — EC/OCT cumu-
lation of origin — Safeguard measure — Application for
annulment — Action for damages — Article 109 of the
OCT Decision — Principle of proportionality — Misuse of
powers)

(2003/C 31/24)

(Language of the case: Dutch)

In Joined Cases T-332/00 and T-350/00: Rica Foods (Free
Zone) NV, established in Oranjestad (Aruba), represented by
lawyer, with an address for service in
G. van der Wal,
Luxembourg, supported by Kingdom of
the Netherlands
(Agents: J. van Bakel, H. Sevenster and H. van der Oosterkamp),
and Free Trade Foods NV, established in Curaçao (Antilles
néerlandaises), represented by M. Slotboom, N. Helder and
J. Coumans, lawers, with an address for service in Luxembourg
against Commission of the European Communities (Agent:
T. van Rijn), supported by Kingdom of Spain (Agents: N. Díaz
Abad and López-Monís Gallego) — application first
for
annulment of Commission Regulation (EC) No 2081/2000 of
29 September 2000 providing for the continued application
of safeguard measures for imports from the overseas countries