Case T-101/03: Judgment of the Court of First Instance of 22 September 2005 — Suproco v Commission (Association of the OCTs — Sugar not entitled to OCT origin — Request for a derogation from the rules of origin — Rejection of the request for a derogation — Duty to give reasons)
Date: 2005-11-12
Institutions: Court of First Instance
Subjects: Colombia, European Commission, Netherlands Antilles, action for annulment (EU), cane sugar, originating product, sugar

12.11.2005

EN

Official Journal of the European Union

C 281/19

Judgment of the Court of First Instance of 27 September
2005 — GeoLogistics BV v Commission

Judgment of the Court of First Instance of 22 September
2005 — Suproco v Commission

(Case T-26/03) (1)

(Case T-101/03) (1)

(Customs Union — External Community transit operations
— Meat destined for Morocco — Fraud — Application for
remission of import duties — Article 239 of Regulation
(EEC) No 2913/92 — Article 905 of Regulation (EEC)
No 2454/93 — Fairness clause — Special situation — No
deception or obvious negligence)

(2005/C 281/34)

Language of the case: Dutch

(Association of the OCTs — Sugar not entitled to OCT
origin — Request for a derogation from the rules of origin
— Rejection of the request for a derogation — Duty to give
reasons)

(2005/C 281/35)

Language of the case: Dutch

Parties

Parties

Applicant(s): Suproco (Curaçao, Netherlands Antilles)
sented by M. Slotboom and N.J. Helder, lawyers)

(repre-

Applicant(s): GeoLogistics BV (Schiphol Rijk, Netherlands)
(represented initially by H. de Bie and K. Schellaars, and subse-
quently by H. De Bie and A. Huizing, lawyers)

Defendant(s): Commission of the European Communities (repre-
sented by T. van Rijn and X. Lewis, agents)

Defendant(s): Commission of the European Communities (repre-
sented by X. Lewis, Agent, assisted by F. Tuytschaever, lawyer)

in support of

the defendant(s): Kingdom of Spain
Intervener(s)
(represented by L. Fraguas Gadea and J.M. Rodríguez Cárcamo,
abogados del Estado)

Intervener(s) in support of the applicant(s): Kingdom of the Nether-
lands (represented by H. Sevenster, agent)

Intervener(s) in support of the defendant(s): Council of the Euro-
pean Union (represented by initially by G. Houttuin and M.
Bishop, and subsequently by G. Houttuin and D. Canga Fano,
agents) and by Kingdom of Spain (represented by N. Díaz
Abad, lawyer)

Application for

Application for

annulment of Commission Decision REM 08/00 of 7 October
2002 declaring there to be no grounds for the applicant to be
granted remission of import duties, as requested in the applica-
tion submitted by the Kingdom of the Netherlands

the annulment of Commission Decision 2003/34/EC of 10
January 2003 refusing to grant a derogation from Council
Decision 2001/822/EC, as regards the rules of origin for sugar
from the Netherlands Antilles (OJ 2003 L 11, p. 50)

Operative part of the judgment

Operative part of the judgment

The Court:

The Court:

1) Annuls Commission Decision REM 08/00 of 7 October 2002 in
so far as it refuses to remit the import duties for which the appli-
cant was found liable in respect of customs operations carried out
by it on or after 12 June 1995;

2) Order the Commission to bear its own costs and to pay those of

the applicant;

1) Annuls Commission Decision 2003/34/EC of 10 January 2003
refusing
from Council Decision
derogation
2001/822/EC, as regards the rules of origin for sugar from the
Netherlands Antilles;

grant

to

a

2) Orders the Commission to bear

its own costs and those of

Suproco;

3) Orders the Kingdom of Spain to bear its own costs.

3) Orders the Council, the Kingdom of Spain and the Kingdom of

the Netherlands to bear their own costs.

(1) OJ C 70, 22.3.2003.

(1) OJ C 135, 7.6.2003.