Judgment of the Court (Second Chamber) of 14 July 2005 in Case C-40/03 P: Rica Foods (Free Zone) NV v Commission of the European Communities, Kingdom of the Netherlands, Kingdom of Spain (Appeal — Arrangements for association of the overseas countries and territories — Imports of sugar and mixtures of sugar and cocoa — Regulation (EC) No 2081/2000 — Safeguard measures — Article 109 of the OCT Decision — Commission's power of assessment — Principle of proportionality — Reasons)
Date: 2005-09-17
Institutions: Court of Justice
Subjects: European Commission, Netherlands, Spain, action for annulment (EU), import, sugar product

17.9.2005

EN

Official Journal of the European Union

C 229/1

I

(Information)

COURT OF JUSTICE

COURT OF JUSTICE

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Second Chamber)

of 14 July 2005

in Case C-40/03 P: Rica Foods (Free Zone) NV v Commis-
sion of the European Communities, Kingdom of the Neth-
erlands, Kingdom of Spain (1)

(Appeal — Arrangements for association of the overseas
countries and territories — Imports of sugar and mixtures of
sugar and cocoa — Regulation (EC) No 2081/2000 — Safe-
guard measures — Article 109 of the OCT Decision —
Commission's power of assessment — Principle of propor-
tionality — Reasons)

(2005/C 229/01)

(Language of the case: Dutch)

In Case C-40/03 P: appeal under Article 49 of the EC Statute of
the Court of Justice,
lodged on 29 January 2003 — Rica
Foods (Free Zone) NV, established in Oranjestad (Aruba),
(lawyer: G. van der Wal), the other parties to the proceedings
being: Commission of the European Communities (Agent:
T. van Rijn), Kingdom of the Netherlands (Agent: H. Seven-
ster), Kingdom of Spain (Agents: N. Díaz Abad and D. Miguel
Muñoz Pérez) — the Court (Second Chamber), composed of C.
W. A. Timmermans, President of the Chamber, R. Silva de
Lapuerta, R. Schintgen (rapporteur), G. Arestis and J. Klučka,
Judges; P. Léger, Advocate General; M. Ferreira, Principal
Administrator, for the Registrar, gave a judgment on 14 July
2005, in which it:

1) Dismisses the appeal;

2) Orders Rica Foods (Free Zone) NV to pay the costs;

3) Orders the Kingdom of the Netherlands and the Kingdom of

Spain to bear their own costs.

(1) OJ C 146 of 21.06.2003.

(Second Chamber)

of 14 July 2005

in Case C-41/03 P: Rica Foods (Free Zone) NV v Commis-
sion of the European Communities, Kingdom of the Neth-
erlands, Kingdom of Spain, French Republic (1)

(Appeal — Arrangements for association of the overseas
countries and territories — Imports of sugar and mixtures of
sugar and cocoa — Regulation (EC) No 465/2000 — Safe-
guard measures — Article 109 of the OCT Decision —
Commission's power of assessment — Principle of propor-
tionality — Reasons)

(2005/C 229/02)

(Language of the case: Dutch)

In Case C-41/03 P: Rica Foods (Free Zone) NV, established in
Oranjestad (Aruba) (Lawyer: G. van der Wal), the other parties
to the proceedings being: Commission of
the European
Communities (Agent: T. van Rijn), Kingdom of the Netherlands
(Agent H. Sevenster), Kingdom of Spain (Agents: N. Díaz Abad
and D. Miguel Muñoz Pérez), French Republic (Agents: G. de
Bergues and L. Bernheim) — appeal under Article 49 of the
Statute of the Court of Justice, brought on 29 January 2003 —
the Court (Second Chamber), composed of C.W.A. Timmer-
the Chamber, R. Silva de Lapuerta, R.
mans, President of
Schintgen (Rapporteur), G. Arestis and J. Klučka,
Judges; P.
Léger, Advocate General; M. Ferreira, Principal Administrator,
for the Registrar, gave a judgment on 14 July 2005, in which
it:

1. Dismisses the appeal;