Judgment of the Court of First Instance of 25 February 2003 in Case T-183/00, Strabag Benelux NV v Council of the European Union (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)
Date: 2003-05-10
Institutions: Court of First Instance
Subjects: Belgium, Council of the European Union, action for annulment (EU), administrative procedure, public contract, works contract

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,