Judgment of the Court of First Instance of 7 December 2004 In Case T-240/02: Koninklijke Coöperatie Cosun UA v Commission of the European Communities (Agriculture — Common organisation of the markets — Sugar — Sum due for C Sugar disposed of on the internal market — Customs duty — Application for remission — Relief clause in Article 13 of Regulation (EEC) No 1430/79 — Concept of import or export duties — Principles of equality and legal certainty — Fairness)
Date: 2005-02-19
Institutions: Court of First Instance
Subjects: CCT duties, European Commission, action for annulment (EU), export levy, fraud, sugar

19.2.2005

EN

Official Journal of the European Union

C 45/21

COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 7 December 2004

of 13 December 2004

In Case T-240/02: Koninklijke Coöperatie Cosun UA v
Commission of the European Communities (1)

In Case T-251/02, E v Commission of

the European

Communities (1)

(Agriculture — Common organisation of the markets —
Sugar — Sum due for C Sugar disposed of on the internal
market — Customs duty — Application for remission —
Relief clause in Article 13 of Regulation (EEC) No 1430/79
— Concept of import or export duties — Principles of
equality and legal certainty — Fairness)

(2005/C 45/47)

(Officials — Pay — Expatriation allowance — Daily subsis-
tence allowance — Installation allowance — Reimbursement
of travel expenses on taking up functions, and removal
expenses — Place of recruitment — Articles 4, 5, 7, 9 and 10
of Annex VII to the Staff Regulations — Language of the
case: French — In Case T-251/02: E, residing in Brussels
(Belgium), represented by G. Vandersanden and L. Levi,
lawyers, against Commission of the European Communities
(Agent: J. Currall, assisted by D. Waelbroeck, lawyer, with an
address for service in Luxembourg))

(Language of the case: Dutch)

(2005/C 45/48)

(Language of the case: French)

In Case T-240/02: Koninklijke Coöperatie Cosun UA, estab-
lished in Breda (Netherlands), represented by M. Slotboom, N.
lawyers, against Commission of the
Helder and J. Coumans,
(Agent: X. Lewis, assisted by F.
European Communities
Tuytschaever,
lawyer, with an address for service in Luxem-
bourg) – application for annulment of Commission Decision
REM 19/01 of 2 May 2002, rejecting as inadmissible an appli-
cation, submitted by the Kingdom of
for
remission of import duties in favour of the applicant – the
Court of First Instance (Fifth Chamber), composed of P. Lindh,
President, R. García-Valdecasas and K. Jürimaäe, Judges; J. Plin-
gers, Administrator, for the Registrar, has given a judgment on
7 December 2004, in which it:

the Netherlands,

application, first, for annulment of the Appointing Authority's
decision of 29 August 2001 fixing the applicant's place of
origin and of recruitment as Brussels and refusing to grant her
the expatriation allowance, installation allowance, daily subsis-
tence allowance, and travel and removal expenses relating to
her taking up her functions and, secondly, payment of compen-
sation and interest for late payment the Court of First Instance
(Second Chamber), composed of J. Pirrung, President, A.W.H.
Meij and N.J. Forwood, Judges; I. Natsinas, Administrator, for
the Registrar, has given a judgment on 13 December 2004, in
which it:

1. Dismisses the action;

1. Dismisses the action;

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

sion's costs.

2. Orders the parties to bear their own costs.

(1) OJ C 247 of 12.10.2002.

(1) OJ C 247 of 12.10.2002.