Judgment of the Court of 6 March 2003 in Case C-213/01 P: T Port GmbH & Co. KG v Commission of the European Communities (Appeal — Bananas — Imports from ACP States and non-member countries — Calculation of annual reference quantity allocated to operators — Imports in accordance with interim measures ordered by a national court in interlocutory proceedings — Action for damages)
Date: 2003-04-26
Institutions: Court of Justice
Subjects: General Court (EU), action for annulment (EU), export licence, import, selling price, tropical fruit

26.4.2003

EN

Official Journal of the European Union

C 101/7

(Rapporteur) and A. Rosas, Judges; S. Alber, Advocate General;
L. Hewlett, Principal Administrator, for the Registrar, has given
a judgment on 25 February 2003, in which it:

1. Declares that, by introducing and maintaining in force rate-
freezing rules applicable to all contracts of insurance in respect
of third-party liability arising from the use of motor vehicles in
relation to risks situated within Italian territory, without
distinguishing between insurance companies having their head
office in Italy and those conducting their business in Italy
through branch offices or under the freedom to provide services,
in breach of the principle of freedom to set premiums referred to
in Articles 6, 29 and 39 of Council Directive 92/49/EEC of
18 June 1992 on the coordination of laws, regulations and
administrative provisions relating to direct insurance other than
life assurance and amending Directives 73/239/EEC and 88/
357/EEC (third non-life insurance Directive),
the Italian
Republic has failed to fulfil its obligations under that directive;

2. Dismisses the remainder of the application;

3. Orders each party to bear its own costs.

(Agents: K.-D. Borchardt and M. Niejahr), which contends that
the Court — composed of: G.C. Rodríguez Iglesias, (President),
J.-P. Puissochet, M. Wathelet, R. Schintgen (Rapporteur) and
C.W.A. Timmermans, (Presidents of Chambers), C. Gulmann,
D.A.O. Edward, A. La Pergola, P. Jann and V. Skouris, F. Macken
and N. Colneric, S. von Bahr, J.N. Cunha Rodrigues and
A. Rosas,
Judges; P. Léger, Advocate General; R. Grass,
Registrar, has given a judgment on 6 March 2003, in which it:

1. Dismisses the appeal;

2. Orders T Port GmbH & Co. KG to pay the costs.

(1) OJ C 245 of 1 September 2001.

( 1) OJ C 134 of 5.5.2001.

JUDGMENT OF THE COURT

(Fifth Chamber)

of 27 February 2003

JUDGMENT OF THE COURT

of 6 March 2003

in Case C-320/01 (Reference for a preliminary ruling from
the Arbeitsgericht Lübeck): Wiebke Busch v Klinikum
Neustadt GmbH & Co. Betriebs-KG (1)

in Case C-213/01 P: T Port GmbH & Co. KG v Commission
of the European Communities (1)

(Equal treatment for men and women — Article 2(1) of
Directive 76/207/EEC — Protection of pregnant women)

(Appeal — Bananas — Imports from ACP States and
non-member countries — Calculation of annual reference
quantity allocated to operators — Imports in accordance
with interim measures ordered by a national court in
interlocutory proceedings — Action for damages)

(2003/C 101/13)

(Language of the case: German)

(2003/C 101/12)

(Language of the case: German)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-213/01 P: T Port GmbH & Co. KG, established in
Hamburg (Germany) (lawyer: G. Meier) — appeal against the
judgment of the Court of First Instance (Fifth Chamber) of
20 March 2001 in Case T-52/99 (ECR II-981), seeking to have
that
the other party to the
proceedings being Commission of the European Communities,

judgment set aside in part,

In Case C-320/01: Reference to the Court under Article 234
EC by the Arbeitsgericht Lübeck (Germany) for a preliminary
ruling in the proceedings pending before that court between
Wiebke Busch and Klinikum Neustadt GmbH & Co. Betriebs-
KG, on the interpretation of Article 2(1) of Council Directive
76/207/EEC of 9 February 1976 on the implementation of the
principle of equal treatment for men and women as regards
access to employment, vocational training and promotion,
and working conditions (OJ 1976 L 39, p. 40), the Court (Fifth
Chamber), composed of: M. Wathelet (Rapporteur), President
of the Chamber, C.W.A. Timmermans, P. Jann, S. von Bahr
Judges; D. Ruiz-Jarabo Colomer, Advocate
and A. Rosas,