Judgment of the Court of First Instance of 17 June 2003 in Case T-52/00: Coe Clerici Logistics SpA v Commission of the European Communities (Competition — Complaint — Articles 82 EC and 86 EC — Admissibility — Port services)
Date: 2003-09-06
Institutions: Court of First Instance
Subjects: European Commission, Italy, action for annulment (EU), dominant position, harbour installation

C 213/26

EN

Official Journal of the European Union

6.9.2003

COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 2 July 2003

in Case T-99/98: Hameico Stuttgart GmbH and Others v
Council of the European Union and Commission of the
European Communities (1)

(Actions for damages — Common organisation of the
markets — Bananas — Import scheme — Undertakings in
the former GDR)

(2003/C 213/48)

(Language of the case: German)

established

Frucht GmbH,

In Case T-99/98, Hameico Stuttgart GmbH, formerly A & B
(Germany),
Fruchthandel GmbH, established in Stuttgart
in Schwabhausen
Amhof
(Germany), Hameico Dortmund GmbH,
formerly Dessau-
Bremer Frucht GmbH, established in Dortmund (Germany),
Hameico Fruchthandelsgesellschaft mbH, formerly Bremen-
Rostocker-Frucht GmbH, established in Rostock (Germany),
Leipzig-Bremer Frucht GmbH, established in Leipzig (Ger-
many), represented by G. Schohe, lawyer, with an address for
service in Luxembourg, v Council of the European Union
(Agents: J.-P. Hix and A. Tanca), Commission of the European
Communities (Agents: K.-D. Borchardt and A. von Bogdandy),
supported by Kingdom of Spain (Agent: R. Silva de Lapuerta):
Application for compensation for the damage allegedly suf-
fered by the applicants as a result of the application of Council
Regulation (EEC) No 404/93 of 13 February 1993 on the
common organisation of the market in bananas (OJ 1993
L 47, p. 1) and of Commission Regulation (EEC) No 1442/93
of 10 June 1993 laying down detailed rules for the application
of the arrangements for importing bananas into the Com-
munity (OJ 1993 L 142, p. 6), the Court of First Instance (First
Chamber), composed of: B. Vesterdorf, President, N.J. Forwood
and H. Legal,
for the
Registrar, has given a judgment on 2 July 2003, in which it:

J. Plingers, Administrator,

Judges;

1. Dismisses the application;

2. Orders the applicants to bear their own costs in addition to
those incurred by the Council and the Commission. The
Kingdom of Spain is to bear its own costs.

( 1) OJ C 312 of 10.10.1998.

of 17 June 2003

in Case T-52/00: Coe Clerici Logistics SpA v Commission
of the European Communities (1)

(Competition — Complaint — Articles 82 EC and 86 EC —
Admissibility — Port services)

(2003/C 213/49)

(Language of the case: Italian)

In Case T-52/00, Coe Clerici Logistics SpA, established in
Trieste (Italy), represented by G. Conte, G.M. Giacomini and
E. Minozzi, lawyers, with an address for service in Luxembourg,
v Commission of the European Communities (Agents: R. Lyal
and L. Pignataro), supported by Autorità Portuale di Ancona,
represented by S. Zunarelli, C. Perrella and P. Manzini, lawyers:
Application for annulment of the Commission’s letter of
20 December 1999 (D 17482) refusing to act on the
applicant’s complaint based on Articles 82 EC and 86 EC,
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, for the
Registrar, has given a judgment on 17 June 2003, in which it:

1. Dismisses the application;

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

incurred by the Commission;

3. Orders the Autorità Portuale di Ancona to bear its own costs.

(1) OJ C 135 of 13.5.2000.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 9 July 2003

in Case T-102/00 Vlaams Fonds voor de Sociale Integratie
van Personen met een Handicap v Commission of the
European Communities (1)

(Social policy — European Social Fund — Reduction of
financial assistance — Right to a fair hearing — Article 24
of Regulation (EEC) No 4253/88 — Statement of reasons)

(2003/C 213/50)

(Language of the case: Dutch)

In Case T-102/00, Vlaams Fonds voor de Sociale Integratie
van Personen met een Handicap, established in Brussels