CELEX: C1999/160/39
Language: en
Date: 1999-06-05 00:00:00
Title: Case T-174/98: Action brought on 20 October 1998 by the Comafrica SpA and Dole Fresh Fruit Europe Ltd & Co against the Commission of the European Communities

C 160/20                 EN                      Official Journal of the European Communities                                        5.6.1999
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                 SpA and Dole Fresh Fruit Europe Ltd & Co, represented by
                                                                            Bernard O’Connor and Bonefacio Garcı́a Porras, with an
                           of 14 April 1999                                 address for service in Luxembourg at the Chambers of Arsène
                                                                            Kronshagen, 22, rue Marie Adélaïde.
in Case T-50/98: Lars Bo Rasmussen v. Commission of the
                     European Communities (1)                               The applicants claim that the Court should:
(Officials — Refusal of promotion — Consideration of                        — declare void, pursuant to articles 173 and 174 of the EC
comparative merits — Assessment criteria — Action for                           Treaty, Commission Regulation (EC) No 1721/98 in so far
                 annulment — Action for damages)                                as it affects the applicants, or in the alternative to declare
                                                                                the said regulation void erga omnes,
                           (1999/C 160/38)
                                                                            — order the Commission, pursuant to articles 178 and 215
                                                                                of the EC Treaty, to make good any damage, with interest
                      (Language of the case: French)                            thereon, caused to the applicants by the wrongful adoption
                                                                                of Regulation (EC) No 1721/98, and
In Case T-50/98: Lars Bo Rasmussen, an official of the
Commission of the European Communities, residing at Dal-                    — to declare that the Commission pay the cost incurred in
heim (Luxembourg), represented by Carlo Revoldini, of the                       the making of this application.
Luxembourg Bar, with an address for service in Luxembourg
at the latter’s Chambers, 108, route de Longwy, v. Commission
of the European Communities (Agents: Christine Berardis-                    Pleas in law and main arguments
Kayser, assisted by Alberto Dal Ferro) — application, first, for
annulment of the decision of the Commission not to promote
the applicant to grade A 4 in the 1997 promotions procedure                 The present application concerns the administration by the
and instead to promote the 118 officials considered to be the               Commission of the rules governing the allocation of the annual
most deserving of promotion and, second, for compensation                   licence entitlement to the applicants for the import of bananas
for the damage alleged — the Court of First Instance (Second                within the third-country tariff rate quota established by article
Chamber), composed of: B. Vesterdorf, President, and                        18(1) of Council Regulation (EEC) No 404/93 of 13 February
A. Potocki and C. W. Bellamy, Judges; A. Mair, Administrator,               1993 (as amended), on the common organisation of the
for the Registrar, has given a judgment on 14 April 1999, in                market in bananas (1). The application arises out of the
which it:                                                                   adoption, by the Commission, of an excessively severe
                                                                            reduction coefficient based on what the applicants suppose to
1. annuls the Commission’s decision not to promote the applicant            be an incorrect figure for reference quantity which reduces
     to grade A 4 in the 1997 promotions procedure,                         their licence entitlement for the 1998 marketing year. The
                                                                            applicants claim that this reference quantity is significantly
2. dismisses the application for annulment of the Commission’s              higher than the highest possible figure for reference quantity.
     decision to promote, in the context of the same procedure, the
     officials considered to be most deserving of promotion,                They point out in this regard that the difference between the
                                                                            figures given in the licence for actual imports and the reference
3. dismisses the claim for damages,                                         quantities for the reference period 1994 to 1996 is in the
                                                                            region of 13 %.
4. orders the Commission to pay the costs.
                                                                            The applicants claim that the application of incorrect reduction
(1) OJ C 137, 2.5.1998.                                                     coefficients deprives them of their legal right to import
                                                                            bananas up to the maximum of their legal entitlement. In
                                                                            addition, the non-importation of Category A bananas in 1998
                                                                            would still mean that they are also deprived of their future
                                                                            entitlement to import Category A bananas for those marketing
                                                                            years for which 1998 is a reference year.
Action brought on 20 October 1998 by the Comafrica
SpA and Dole Fresh Fruit Europe Ltd & Co against the                        They submit in this respect that the fixing by the Commission
          Commission of the European Communities                            of the definitive reduction coefficient on the basis of such
                                                                            incorrect information is manifestly unlawful. It will give rise
                                                                            to gradual erosion of the applicant’s import rights and will
                            (Case T-174/98)                                 result in the loss of all rights to operate in the banana market.
                                                                            That erosion infringes the applicant’s fundamental rights
                           (1999/C 160/39)                                  protected by Community law, such as the right to property
                                                                            and the right to pursue a professional or trade activity.
                     (Language of the case: English)
                                                                            (1) OJ L 47, 25.2.1993, p. 1.
An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 20 October 1998 by Comafrica