Case T-440/03: Action brought on 29 December 2003 by Jean Arizmendi and 43 other applicants against the Council of the European Union and the Commission of the European Communities
Date: 2004-03-06
Institutions: Court of First Instance
Subjects: Council of the European Union, European Commission, France, action for failure to fulfil an obligation, broker, customs regulations, maritime transport

6.3.2004

EN

Official Journal of the European Union

C 59/31

Action brought on 29 December 2003 by Jean Arizmendi
and 43 other applicants against the Council of the Euro-
pean Union and the Commission of the European
Communities

(Case T-440/03)

(2004/C 59/49)

(Language of the case: French)

An action against the Council of the European Union and the
Commission of
the European Communities was brought
before the Court of First Instance of the European Communities
on 29 December 2003 by Jean Arizmendi and 43 other
applicants, all residing in France, represented by Jean-François
Péricaud and Philippe Péricaud, lawyers.

The applicants claim that the Court should:

1. Order the Council of

the European Union and the
Commission of the European Communities jointly and
severally to pay to each applicant the compensation
representing the loss suffered, together with interest at
the legal rate from the date the application was lodged;

2. Order the Council of

the European Union and the
Commission of the European Communities jointly and
severally to pay the costs.

Pleas in law and main arguments

The subject matter of the present action is the loss allegedly
suffered by the applicants, who are French ship brokers, as a
result of the abolition in French law, under Law 2001-43 of
16 January 2001, of the monopoly traditionally held by French
ship brokers. This abolition occurred by reason of Article 5
the Community Customs Code (1), as applied by the
of
Commission, when steps were taken following infringement
proceedings against the French Republic (letter of formal
notice of 12 February 1997 and reasoned opinion of 3 Decem-
ber 1997) concerning the monopoly held by ship brokers,
under French law, in respect of representation for performing
the acts and formalities laid down by customs rules.

— Breach of the principles of legal certainty and legitimate
expectations, in that, first, the contested provision refers
to customs representation, which is a separate matter
from presentation of goods at customs which is the task
of the applicants, and, secondly, the monopoly was
abolished without any form of transitional measure.

— Breach of the principles of equality and proportionality,
in that the abrupt opening-up of the market in presen-
tation of goods at customs has resulted in a draconian
reduction in prices, which ships brokers, who are handi-
capped by the restrictive rules under which they operate,
cannot resist, in the absence of any transitional measures.

Lastly, the applicants allege breach of the right to property, as
laid down in the First Protocol to the European Convention on
Human Rights.

(1) Council Regulation (EEC) No 2913/92 of 12 October 1992
establishing the Community Customs Code (OJ 1992 L 302, p. 1).

Action brought on 31 December 2003 by N.V. Firma
Léon Van Parys, N.V. Pacific Fruit Company, Pacific
Fruchtimport GmbH and Pacific Fruit Company Italy
S.p.A. against the Commission of the European
Communities

(Case T-441/03)

(2004/C 59/50)

(Language of the case: Dutch)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 31 December 2003 by N.V. Firma
Léon Van Parys, established in Antwerp (Belgium), N.V. Pacific
Fruit Company, established in Antwerp (Belgium), Pacific
Fruchtimport GmbH, established in Hamburg (Germany), and
Pacific Fruit Company Italy S.p.A., established in Rome (Italy),
represented by P. Vlaemminck and J. Holmens.

The applicants claim that the Court should:

In support of their claims, the applicants contend that the
abolition of the monopoly is an act for which the Commission
is liable for the following reasons:

1.

— Breach of Article 55 of the EC Treaty (now Article 45
EC),
in implementing customs
legislation, participate in the exercise of official authority.

in that ship brokers,

the defendant

order
to pay compensation under
Article 235 EC in conjunction with Article 288 EC for
the damage suffered by the applicants as a result of the
unlawful measures introduced by Commission Regulation
No 2362/98, including default interest of 8 % to be paid
on all amounts with effect from the date on which the
damage was caused;