Case T-108/01: Order of the Court of First Instance of 22 June 2006 — Free Trade Foods v Commission (Action for annulment — Action for damages — Sugar qualifying as EC/OCT originating products — Safeguard measure — Applicant's failure to proceed — No need to adjudicate)
Date: 2006-09-16
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), import, overseas countries and territories, protective clause, sugar product

16.9.2006

EN

Official Journal of the European Union

C 224/41

Order of the Court of First Instance of 22 June 2006 —
Free Trade Foods v Commission

Order of the Court of First Instance of 22 June 2006 —
Free Trade Foods v Commission

(Case T-108/01) (1)

(Case T-202/01) (1)

(Action for annulment — Action for damages — Sugar
qualifying as EC/OCT originating products — Safeguard
measure — Applicant's failure to proceed — No need to
adjudicate)

(Action for annulment — Action for damages — Sugar
qualifying as EC/OCT originating products — Safeguard
measure — Applicant's failure to proceed — No need to
adjudicate)

(2006/C 224/88)

(2006/C 224/89)

Language of the case: Dutch

Language of the case: Dutch

Parties

Parties

Applicant: Free Trade Foods NV (Curaçao, Netherlands Antilles)
(represented by: M. Slotboom and N. Helder, lawyers)

Applicant: Free Trade Foods NV (Curaçao, Netherlands Antilles)
(represented by: M. Slotboom and N. Helder, lawyers, initially
and then by M. Slotboom)

Defendant: Commission of the European Communities (repre-
sented by: T. van Rijn, Agent)

Defendant: Commission of the European Communities (repre-
sented by: T. van Rijn, Agent)

Parties intervening in support of the defendant: Kingdom of Spain
(represented by: N. Díaz Abad, Agent) and French Republic
(represented by: G. de Bergues and L. Bernheim, Agents)

Party intervening in support of the defendant: Kingdom of Spain
(represented by: N. Díaz Abad, Agent)

Re:

Re:

First, an application for annulment of Commission Regulation
(EC) No 396/2001 of 27 February 2001 providing for the
continued application of safeguard measures for imports from
the overseas countries and territories of sugar sector products
with EC/OCT cumulation of origin for the period 1 March to
30 June 2001 (OJ 2001 L 58, p. 13), and, second, an applica-
tion for compensation for the loss allegedly suffered by the
applicant following the adoption of the contested regulation.

First, an application for annulment of Commission Regulation
(EC) No 1325/2001 of 29 June 2001 providing for the
continued application of safeguard measures with regard to
imports of sugar sector products with EC/OCT originating
status from the overseas countries and territories for the period
1 July to 1 December 2001 (OJ 2001 L 177, p. 57) and,
second, an application for compensation for the loss allegedly
suffered by the applicant
the
contested regulation.

following the adoption of

Operative part of the order

The Court hereby orders:

1. There is need to adjudicate on this action.

Operative part of the order

The Court hereby orders:

1. There is no need to adjudicate on this action.

2. The applicant shall bear its own costs and pay those of the defen-
dant. The Kingdom of Spain and the French Republic must bear
their own costs.

2. The applicant shall bear its own costs and pay those of the defen-

dant. The Kingdom of Spain must bear its own costs.

(1) OJ C 227, 11.8.2001.

(1) OJ C 303, 27.10.2001.