Judgment of the Court of First Instance of 11 March 2003 in Case T-186/00: Conserve Italia Soc. Coop. rl v Commission of the European Communities (Agriculture — Guidance Section of the European Agricultural Guidance and Guarantee Fund — Discontinuance of financial aid — Article 24 of Regulation (EEC) No 4253/88 — Principle of proportionality — Statement of reasons)
Date: 2003-05-10
Institutions: Court of First Instance
Subjects: EAGGF Guidance Section, European Commission, action for annulment (EU), operational programme

C 112/26

EN

Official Journal of the European Union

10.5.2003

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 6 March 2003

in Case T-57/00: Banan-Kompaniet AB and Skandinaviska
Bananimporten AB v Council of the European Union and
Commission of the European Communities (1)

of 25 February 2003

in Case T-183/00, Strabag Benelux NV v Council of the
European Union (1)

(Public works contracts — Contested decision non-existent
— Statement of reasons in the decision awarding the contract
— Criteria for award — Application for annulment — Non-
contractual liability of the Community)

(Bananas — Common organisation of the markets —
Decision 94/800/EC — Regulation (EC) No 478/95 —
Export licence scheme — Action for damages)

(2003/C 112/48)

(Language of the case: French)

(2003/C 112/47)

(Language of the case: English)

In Case T-57/00, Banan-Kompaniet AB, established in Stock-
holm (Sweden), Skandinaviska Bananimporten AB, established
in Arsta (Sweden), represented by B. O’Connor, Solicitor, with
an address for service in Luxembourg, v Council of the
European Union (Agents: S. Marquardt and J.-P. Hix) and
Commission of the European Communities (Agents: initially
P. Oliver and C. Van der Hauwaert, then L. Visaggio and K.
Fitch): Application for compensation for the damage allegedly
suffered by the applicants by reason of the introduction of the
export licence scheme by Council Decision 94/800/EC of
22 December 1994 concerning the conclusion on behalf of
the European Community, as regards matters within its
competence, of the agreements reached in the Uruguay Round
multilateral negotiations (1986-1994) (OJ 1994 L 336, p. 1)
and by Commission Regulation (EC) No 478/95 of 1 March
1995 on additional rules for the application of Council
Regulation (EEC) No 404/93 as regards the tariff quota
arrangements for imports of bananas into the Community and
amending Regulation (EEC) No 1442/93 (OJ 1995 L 49, p. 13),
the Court of First Instance (Fifth Chamber), composed of:
J.D. Cooke, President, R. García-Valdecasas and P. Lindh,
Judges; J. Palacio González, Principal Administrator, Registrar,
has given a judgment on 6 March 2003, in which it:

1. Dismisses the application;

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

of the Council and the Commission.

( 1) OJ C 135 of 13.05.2000.

In Case T-183/00, Strabag Benelux NV, established in Stabroek
(Belgium), represented by A. Delvaux and V. Bertrand, lawyers,
with an address for service in Luxembourg, against Council of
the European Union (Agents: F. van Craeyenest, M. Arpio
Santacruz and J. Stuyck) — application for,
first of all,
annulment of the Decision of the Council of 12 April 2000 to
award to Entreprises Louis de Waele the contract for invitation
to tender No 107865 issued on 30 July 1999 (OJ S 146) for
the refitting and general maintenance of the Council’s buildings
and, second, compensation for the damage allegedly suffered
by the applicant as a result of the Council’s conduct — the
Court of First
Instance (Fifth Chamber), composed of
J.D. Cooke, President, and R. García-Valdecases and P. Lindh,
Judges; D. Christensen, Administrator, for the Registrar, has
given a judgment on 25 February 2003, in which it:

1. Dismisses the application;

2. Orders the applicant to bear its own costs and those of the

Council.

(1) OJ C 273 of 23.9.00.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 11 March 2003

in Case T-186/00: Conserve Italia Soc. Coop. rl v Com-
mission of the European Communities (1)

(Agriculture — Guidance Section of the European Agricul-
tural Guidance and Guarantee Fund — Discontinuance of
financial aid — Article 24 of Regulation (EEC) No 4253/88
— Principle of proportionality — Statement of reasons)

(2003/C 112/49)

(Language of the case: Italian)

In Case T-186/00: Conserve Italia Soc. Coop. rl, established in
San Lazzaro di Savena (Italy), represented by M. Averani,

10.5.2003

EN

Official Journal of the European Union

C 112/27

A. Pisaneschi and S. Zunarelli, lawyers, with an address for
service in Luxembourg, against Commission of the European
Communities (Agents: initially by L. Visaggio and subsequently
by C. Cattabriga, assisted by M. Moretto) — application for
annulment of Commission Decision C (2000) 1099 of 3 May
2000 discontinuing aid from the Guidance Section of the
European Agricultural Guidance and Guarantee Fund for
Project No 9 (beneficiary: Massalombarda Colombani SpA)
in the context of operational programme No 91.CT.IT.01,
approved by Commission Decision C (91) 2255/6 of 28 Octo-
ber 1991 — the Court of First Instance (Fifth Chamber),
composed of R. García-Valdecasas, President, P. Lindh and
J.D. Cooke, Judges; J. Palacio González, Principal Adminis-
trator, for the Registrar, has given a judgment on 11 March
2003, in which it:

2. Orders the Commission to pay the costs.

(1) OJ C 372 of 23.12.00.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 26 February 2003

1. Dismisses the application;

2. Orders the applicant to bear its own costs and pay those of the

Commission.

in Cases T-344/00 and T-345/00: CEVA Santé animale SA
and Pharmacia Entreprises SA v Commission of the
European Communities (1)

( 1) OJ C 285 of 7.10.00.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 27 February 2003

in Case T-329/00, Bonn Fleisch Ex- und Import GmbH v
Commission of the European Communities (1)

(Customs duties — Imports of beef from South America —
Article 13(1) of Regulation (EEC) No 1430/79 — Appli-
cation for recovery of import duties — Rights of the defence
— Special situation)

(2003/C 112/50)

(Language of the case: German)

In Case T-329/00, Bonn Fleisch Ex- und Import Gmbh,
established in Troisdorf (Germany), represented by D. Ehle,
lawyer, with an address for service in Luxembourg, against
Commission of the European Communities (Agents: X. Lewis
and Núñez-Müller) — application for annulment of
the
Commission Decision of 25 July 2000 finding that the
recovery of import duties is not justified in a special case (REM
49/99) — the Court of First Instance (Third Chamber),
composed of M. Jaeger, President and K. Lenaerts and J. Azizi,
Judges; D. Christensen, Administrator, for the Registrar, has
given a judgment on 27 February 2003, in which it:

1. Annuls the Decision of the Commission of 25 July 2000
finding that recovery of import duties is not justified in a special
case (REM 49/99);

(Regulation (EEC) No 2377/90 — Veterinary medicinal
products — Application for the inclusion of ‘progesterone’
in the list of substances for which it does not appear
necessary to fix a maximum residue limit — Opinion of the
Committee for Veterinary Medicinal Products (CVMP) —
Re-examination by the CVMP — Failure by the Commission
to adopt a draft of measures to be taken — Action for failure
to act — Definition of a position putting an end to a failure
to act — No need to adjudicate — Actions in damages —
Liability of the Community — Causal link — Interlocutory
judgment)

(2003/C 112/51)

(Language of the case: English)

In Joined Cases T-344/00 and T-345/00, CEVA Santé animale
SA, established in Libourne (France), and Pharmacia Entreprises
SA, formerly Pharmacia & Upjohn SA, established in Luxem-
bourg, represented by D. Waelbroeck and D. Brinckman,
lawyers, with an address for service in Luxembourg, supported
by Fédération européenne de la santé animale (Fedesa), estab-
lished in Brussels, represented by A. Vandencasteele, lawyer,
with an address for service in Luxembourg; Intervener: in Case
T-345/00, Commission of the European Communities (Agents:
T. Christoforou and M. Shotter): Application for (1) a declar-
ation under Article 232 EC that, by failing to take the necessary
measures for the inclusion of progesterone in Annex II to
Council Regulation (EEC) No 2377/90 of 26 June 1990 laying
down a Community procedure for the establishment of
maximum residue limits of veterinary medicinal products in
foodstuffs of animal origin (OJ 1990 L 224, p. 1), the
Commission has failed to comply with its obligations under
Community law and (2) damages under Article 235 EC and
the second paragraph of Article 288 EC, the Court of First
Instance (Second Chamber), composed of: R.M. Moura Ramos,
Judges; J. Plingers,
President, J. Pirrung and A.W.H. Meij,
Administrator, for the Registrar, has given a judgment on
26 February 2003, in which it has ruled: