Judgment of the court of first instance 10 February 2004 in Joined Cases T-64/01 and T-65/01: Afrikanische Frucht-Compagnie GmbH and Internationale Fruchtimport Gesellschaft Weichert & Co. v Council of the European Union and Commission of the European Communities
Date: 2004-04-17
Institutions: Court of First Instance
Subjects: Council of the European Union, European Commission, appeal to the Court (EU), import, tariff quota, tropical fruit

C 94/38

EN

Official Journal of the European Union

17.4.2004

COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

organisations — Change of membership by producers —
Effect on the allocation of the allowance — Legal basis —
Principle of protection of legitimate expectations)

10 February 2004

in Joined Cases T-64/01 and T-65/01: Afrikanische Frucht-
Compagnie GmbH and
Fruchtimport
Gesellschaft Weichert & Co. v Council of the European
Union and Commission of the European Communities (1)

Internationale

(Common organisation of
the markets — Bananas —
Imports from ACP States and third countries — Reference
quantity — Regulations (EC) Nos 1924/95 and 2362/98 —
Action for compensation)

(2004/C 94/110)

(Language of the case: German)

In Joined Cases T-64/01 and T-65/01, Afrikanische Frucht-
Compagnie GmbH, established in Hamburg (Germany), and
Internationale Fruchtimport Gesellschaft Weichert & Co., estab-
lished in Hamburg, represented by G. Schohe, lawyer, with an
address for service in Luxembourg, against Council of the Euro-
pean Union, (Agents: S. Marquardt and J.-P. Hix), and Commis-
sion of the European Communities (Agents: G. Braun and M.
Niejahr), with an address for service in Luxembourg: Applica-
tion for compensation for the loss allegedly suffered by the
applicants in the determination of their reference quantities for
1999, the Court of First Instance (Fifth Chamber), composed of
R. García Valdecasas, President, P. Lindh and J.D. Cooke,
Judges; D. Christensen, Administrator, for the Registrar, has
given a judgment on 10 February 2004, in which it:

1. Dismisses the applications;

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

those incurred by the Council and the Commission.

(1) OJ C 173 of 16.06.2001.

(2004/C 94/111)

(Language of the case: Spanish)

(Opagac),

In Joined Cases T-142/01 and T-283/01, Organización de
Productores de Túnidos Congelados (OPTUC), established in
Bermeo (Spain), represented, in Case T-142/01, by J. R. García-
Gallardo Gil Fournier and M. Moya Díaz, lawyers, and, in Case
T 283/01, by J. R. García Gallardo Gil-Fournier and J. Guillem
Carrau, lawyers, against Commission of the European Commu-
nities, (Agents: S. Pardo Quintillán and, in Case T-142/01, also
by L. Visaggio), with an address for service in Luxembourg,
supported by Organización de Productores Asociados de
established in
Grandes Atuneros Congeladores
Madrid (Spain), represented by J. Casas Robla and V. Arrastia
de Sierra, lawyers: Applications for the annulment of Commis-
sion Regulation (EC) No 584/2001 of 26 March 2001
amending Regulations
(EC) No 1103/2000 and (EC) No
1926/2000 providing for the granting of compensation to
producer organisations in respect of
tuna delivered to the
processing industry from 1 July to 30 September 1999 and
from 1 October to 31 December 1999 (OJ 2001 L 86, p. 4),
and for the annulment of Article 2(2) of and the annex to each
of Commission Regulations (EC) No 585/2001 of 26 March
2001, No 808/2001 of 26 April 2001, No 1163/2001 of 14
June 2001 and No 1670/2001 of 20 August 2001, providing
for compensation to producer organisations for tuna delivered
to the processing industry between 1 January and 31 March
2000, 1 April and 30 June 2000, 1 July and 30 September
2000 and 1 October and 31 December 2000 (OJ 2000 L 86,
p. 8; OJ 2000 L 118, p. 12; OJ 2000 L 159, p. 10 and OJ
2000 L 224, p. 4 respectively), the Court of First Instance
(Fourth Chamber), composed of V. Tiili, President, P. Mengozzi
and M. Vilaras, Judges; J. Palacio González, Principal Adminis-
trator, for the Registrar, has given a judgment on 28 January
2004, in which it:

JUDGMENT OF THE COURT OF FIRST INSTANCE

1. Dismisses the applications;

28 January 2004

2. Orders the applicant to pay the costs incurred by the defen-

dant;

in Joined Cases T-142/01 and T-283/01: Organización de
Productores de Túnidos Congelados (OPTUC) v Commis-
sion of the European Communities (1)

(Fisheries — Common organisation of the markets —
Compensation for producers of tuna intended for the
processing industry — Allocation between producers'

3. Orders the intervener to bear its own costs.

(1) OJ C 245 of 1.09.2001 and OJ C 44 of 16.02.2002.