do-me/EUR-LEX huggingface dataset:
Removal from the register of Case T-100/99
Date: 2003-05-10
Institutions: Court of First Instance
Subjects: EAGGF Guarantee Section, European Commission, action for annulment (EU), closing of accounts, dairy farm, milk by-product

C 112/48

EN

Official Journal of the European Union

10.5.2003

Pleas in law and main arguments

The applicant puts forward two pleas in law in support of his
application.

— Breach of the obligation as to circumspection, of the
principles of proper administraion and sound manage-
ment and of the principles of independence and impar-
tiality. It is claimed that the contested staff report was
drawn up by a head of unit whose appointment was
challenged by the applicant before the Court of First
Instance. The applicant submits that in those circum-
stances that assessor should have disqualified himself.

— Breach of the obligation to state reasons, of rights of
defence and of Article 26 of the Staff Regulations and
manifest error of assessment. In this plea the applicant
claims that the contested report was drawn up on the
basis of statements by unidentified persons who did not
sign it, that the assessors did not consult the persons
proposed by the applicant and that the second assessor
gave no explanation as to why assessments by the first

assessor which were favorable to the applicant were
removed.

Removal from the register of Case T-100/99 (1)

(2003/C 112/89)

(Language of the Case: Dutch)

By order of 25 February 2003 the President of the Second
Chamber of the Court of First Instance of the European
Communities ordered the removal from the register of Case
T-100/99: Campina Melkunie B.V. v Commission of the
European Communities.

(1) OJ C 246 of 28.8.1999.
Case T-98/03: Action brought on 5 March 2003 by Alfa Acciai S.p.A. against the Commission of the European Communities
Date: 2003-05-10
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), building industry, fine, restriction on competition

10.5.2003

EN

Official Journal of the European Union

C 112/45

Action brought on 5 March 2003 by Ferriera Valsabbia
S.p.A. and Valsabbia Investimenti S.p.A. against the Com-
mission of the European Communities

Action brought on 5 March 2003 by Alfa Acciai S.p.A.
against the Commission of the European Communities

(Case T-97/03)

(2003/C 112/83)

(Language of the case: Italian)

(Case T-98/03)

(2003/C 112/84)

(Language of the case: Italian)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 5 March 2003 by Ferriera Valsabbia
S.p.A. and Valsabbia Investimenti S.p.A, represented by Denis
Fosselard, Piero Fattori and Gennaro d’Andria, lawyers.

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 5 March 2003 by Alfa Acciai
S.p.A., represented by Denis Fosselard, Piero Fattori and
Gennaro d’Andria, lawyers.

The applicants claim that the Court should:

The applicant claims that the Court should:

— annul Article 1 of the Decision in so far as it concerns the

applicants;

— annul Article 1 of the Decision in so far as it concerns the

applicant;

— in the alternative, annul Article 1 of the Decision in so
far as it alleges that the applicants participated in an
infringement prior to 13 February 1996;

— in the alternative, annul Article 1 of the Decision in so
far as it alleges that the applicant participated in an
infringement prior to 13 February 1996;

— annul Article 2 of the Decision in so far as it concerns the

applicants;

— annul Article 2 of the Decision in so far as it concerns the

applicant;

— in the alternative, amend Article 2 of the Decision so as
to cancel or substantially reduce the fine imposed on the
applicants;

— in the alternative, amend Article 2 of the Decision so as
to cancel or substantially reduce the fine imposed on the
applicant;

— order the Commission to pay the costs of the proceedings.

— order the Commission to pay the costs of the proceedings.

Pleas in law and main arguments

Pleas in law and main arguments

This action is brought against the same Decision as has already
been challenged in Case T-27/03 S.P. v Commission (1). The
pleas in law and main arguments are similar to those put
forward in that case.

This action is brought against the same Decision as has already
been challenged in Case T-27/03 S.P. v Commission (1). The
pleas in law and main arguments are similar to those put
forward in that case.

( 1) Not yet published in the Official Journal.

(1) Not yet published in the Official Journal.
Removal from the register of Case C-26/02
Date: 2003-05-10
Institutions: Court of Justice
Subjects: Community fisheries, Council of the European Union, Spain, action for annulment (EU), conservation of fish stocks, fishing regulations

10.5.2003

EN

Official Journal of the European Union

C 112/23

Pleas in law and main arguments

Removal from the register of Case C-26/02 (1)

— Irregularity of the proceedings

(2003/C 112/40)

The Court of First Instances misinterpreted the case as
presented by the applicant, making no mention in its
judgment of the evidence led by it and reflected in the
Report for the Hearing. Furthermore, the judgment is also
misleading as to the course of the hearing before the
Court of First Instance.

By order of 26 February 2003 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-26/02: Kingdom of Spain v Council
of the European Communities.

(1) OJ C 68 of 16.3.2002.

— Breach of Community law

The Court of First Instance wrongly considered that
Article 125 of Council Decision 86/283/EEC of 30 June
1986 on the association of the overseas countries and
territories with the European Economic Community does
not include agricultural projects among those capable of
being financed by Community funding. The Court of First
Instance ignored the evidence put forward in that respect
by the applicant.

Moreover,
the Court of First Instance infringed the
Charter of Fundamental Rights and the rights of the
defence by misinterpreting the complaints put forward
by the applicant.

Removal from the register of Case C-254/02 (1)

(2003/C 112/41)

By order of 25 February 2003 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-254/02 (Reference for a preliminary
ruling by the VAT and Duties Tribunals, London Tribunal
Centre): Fast Forward Resources plc v Commissioners of
Customs and Excise.

(1) OJ C 202 of 24.8.2002.
Case T-97/03: Action brought on 5 March 2003 by Ferriera Valsabbia S.p.A. and Valsabbia Investimenti S.p.A. against the Commission of the European Communities
Date: 2003-05-10
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), building industry, fine, restriction on competition

10.5.2003

EN

Official Journal of the European Union

C 112/45

Action brought on 5 March 2003 by Ferriera Valsabbia
S.p.A. and Valsabbia Investimenti S.p.A. against the Com-
mission of the European Communities

Action brought on 5 March 2003 by Alfa Acciai S.p.A.
against the Commission of the European Communities

(Case T-97/03)

(2003/C 112/83)

(Language of the case: Italian)

(Case T-98/03)

(2003/C 112/84)

(Language of the case: Italian)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 5 March 2003 by Ferriera Valsabbia
S.p.A. and Valsabbia Investimenti S.p.A, represented by Denis
Fosselard, Piero Fattori and Gennaro d’Andria, lawyers.

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 5 March 2003 by Alfa Acciai
S.p.A., represented by Denis Fosselard, Piero Fattori and
Gennaro d’Andria, lawyers.

The applicants claim that the Court should:

The applicant claims that the Court should:

— annul Article 1 of the Decision in so far as it concerns the

applicants;

— annul Article 1 of the Decision in so far as it concerns the

applicant;

— in the alternative, annul Article 1 of the Decision in so
far as it alleges that the applicants participated in an
infringement prior to 13 February 1996;

— in the alternative, annul Article 1 of the Decision in so
far as it alleges that the applicant participated in an
infringement prior to 13 February 1996;

— annul Article 2 of the Decision in so far as it concerns the

applicants;

— annul Article 2 of the Decision in so far as it concerns the

applicant;

— in the alternative, amend Article 2 of the Decision so as
to cancel or substantially reduce the fine imposed on the
applicants;

— in the alternative, amend Article 2 of the Decision so as
to cancel or substantially reduce the fine imposed on the
applicant;

— order the Commission to pay the costs of the proceedings.

— order the Commission to pay the costs of the proceedings.

Pleas in law and main arguments

Pleas in law and main arguments

This action is brought against the same Decision as has already
been challenged in Case T-27/03 S.P. v Commission (1). The
pleas in law and main arguments are similar to those put
forward in that case.

This action is brought against the same Decision as has already
been challenged in Case T-27/03 S.P. v Commission (1). The
pleas in law and main arguments are similar to those put
forward in that case.

( 1) Not yet published in the Official Journal.

(1) Not yet published in the Official Journal.
Removal from the register of Case C-254/02
Date: 2003-05-10
Institutions: Court of Justice
Subjects: China, anti-dumping duty, fancy leather goods and glove-making industry, import, interpretation of the law, leather

10.5.2003

EN

Official Journal of the European Union

C 112/23

Pleas in law and main arguments

Removal from the register of Case C-26/02 (1)

— Irregularity of the proceedings

(2003/C 112/40)

The Court of First Instances misinterpreted the case as
presented by the applicant, making no mention in its
judgment of the evidence led by it and reflected in the
Report for the Hearing. Furthermore, the judgment is also
misleading as to the course of the hearing before the
Court of First Instance.

By order of 26 February 2003 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-26/02: Kingdom of Spain v Council
of the European Communities.

(1) OJ C 68 of 16.3.2002.

— Breach of Community law

The Court of First Instance wrongly considered that
Article 125 of Council Decision 86/283/EEC of 30 June
1986 on the association of the overseas countries and
territories with the European Economic Community does
not include agricultural projects among those capable of
being financed by Community funding. The Court of First
Instance ignored the evidence put forward in that respect
by the applicant.

Moreover,
the Court of First Instance infringed the
Charter of Fundamental Rights and the rights of the
defence by misinterpreting the complaints put forward
by the applicant.

Removal from the register of Case C-254/02 (1)

(2003/C 112/41)

By order of 25 February 2003 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-254/02 (Reference for a preliminary
ruling by the VAT and Duties Tribunals, London Tribunal
Centre): Fast Forward Resources plc v Commissioners of
Customs and Excise.

(1) OJ C 202 of 24.8.2002.
Judgment of the Court of 20 March 2003 in Case C-3/00: Kingdom of Denmark v Commission of the European Communities (Approximation of laws — Directive 95/2/EC — Use of sulphites, nitrites and nitrates as food additives — Protection of health — Stricter national provisions — Conditions of application of Article 95(4) EC — Principle of the right to be heard)
Date: 2003-05-10
Institutions: Court of Justice
Subjects: Denmark, European Commission, action for annulment (EU), food additive, food preserving, human nutrition

10.5.2003

EN

Official Journal of the European Union

C 112/1

I

(Information)

COURT OF JUSTICE

COURT OF JUSTICE

JUDGMENT OF THE COURT

of 20 March 2003

in Case C-3/00: Kingdom of Denmark v Commission of
the European Communities (1)

(Approximation of laws — Directive 95/2/EC — Use of
sulphites, nitrites and nitrates as food additives — Protection
of health — Stricter national provisions — Conditions of
application of Article 95(4) EC — Principle of the right to
be heard)

(2003/C 112/01)

Denmark concerning the use of sulphites, nitrites and nitrates
in foodstuffs in so far as it rejects those national provisions
relating to the use of nitrites and nitrates in foodstuffs;

2. Dismisses the remainder of the application;

3. Orders the parties to pay their own costs;

4. Orders the Republic of Iceland and the Kingdom of Norway to

pay their own costs.

(1) OJ C 122 of 29.4.2000.

(Language of the case: Danish)

JUDGMENT OF THE COURT

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

(Fifth Chamber)

of 13 March 2003

In Case C-3/00, Kingdom of Denmark (Agent:
J. Molde)
supported by Republic of Iceland (Agent: H. S. Kristjánsson)
and Kingdom of Norway (Agent: B. B. Ekeberg) v Commission
of
the European Communities (Agents: M. Shotter and
H. C. Støvlbæk): Application for the annulment of Commission
Decision 1999/830/EC of 26 October 1999 on the national
provisions notified by the Kingdom of Denmark concerning
the use of sulphites, nitrites and nitrates in foodstuffs (OJ 1999
L 329, p. 1), the Court, composed of: G. C. Rodríguez Iglesias,
President,
J.-P. Puissochet, M. Wathelet and R. Schintgen
(Presidents of Chambers), C. Gulmann, D. A. O. Edward, A. La
Pergola, P. Jann, V. Skouris, F. Macken, N. Colneric, S. von Bahr
and J. N. Cunha Rodrigues (Rapporteur), Judges; A. Tizzano,
Advocate General; H. von Holstein, Deputy Registrar, has
given a judgment on 20 March 2003, in which it:

in Case C-156/00: Kingdom of the Netherlands v Com-
mission of the European Communities (1)

(Action for annulment of Commission Decision C(2000)
485 final — Remission of import duties — Inward pro-
cessing — Lack of equivalence between Community products
and imported products)

(2003/C 112/02)

(Language of the case: Dutch)

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

1. Annuls Commission Decision 1999/830/EC of 26 October
1999 on the national provisions notified by the Kingdom of

In Case C-156/00, Kingdom of the Netherlands (Agent: initially
M. A. Fierstra, and, subsequently, the former together with