CELEX: C2002/109/86
Language: en
Date: 2002-05-04 00:00:00
Title: Judgment of the Court of First Instance 17 January 2002 in Case T-47/00: Rica Foods (Free Zone) NV v Commission of the European Communities (Association arrangements for the overseas countries and territories — Imports of sugar and mixtures of sugar and cocoa — Regulation (EC) No 2423/99 — Safeguard measures — Application for annulment — Admissibility)

4.5.2002               EN                     Official Journal of the European Communities                                     C 109/43
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                  JUDGMENT OF THE COURT OF FIRST INSTANCE
                        30 January 2002
                                                                                                  17 January 2002
in Cases T-54/99: max.mobil Telekommunikation Service
  GmbH v Commission of the European Communities (1)                      in Case T-47/00: Rica Foods (Free Zone) NV v Commission
                                                                                        of the European Communities (1)
(Article 90(3) of the EC Treaty (now Article 86(3) EC) —
Amount of fees charged by the Republic of Austria to
operators of GSM networks — Complaint — Partial rejec-                   (Association arrangements for the overseas countries and
tion of the complaint — Admissibility — Infringement of                  territories — Imports of sugar and mixtures of sugar
Article 86 of the EC Treaty (now Article 82 EC) and                      and cocoa — Regulation (EC) No 2423/99 — Safeguard
     Article 90 of the EC Treaty — Statement of reasons)                   measures — Application for annulment — Admissibility)
                         (2002/C 109/85)                                                          (2002/C 109/86)
                   (Language of the case: German)
                                                                                             (Language of the case: Dutch)
In Case T-54/99, max.mobil Telekommunikation Service
GmbH, established in Vienna (Austria), represented by S. Köck,
M. Pflügl, M. Esser-Wellié and M. Oder, lawyers, with an                 In Case T-47/00, Rica Foods (Free Zone) NV, established in
address for service in Luxembourg, v Commission of the                   Oranjestad (Aruba), represented by G. van der Wal, advocaat,
European Communities (agents: W. Mölls and K. Wiedner),                  with an address for service in Luxembourg, supported by
supported by Kingdom of the Netherlands (agents:                         Kingdom of the Netherlands (agent: H. Sevenster), v Com-
M. A Fierstra and J. van Bakel and H.G. Sevenster): Application          mission of the European Communities (agents: T. van Rijn and
for partial annulment of Commission Decision No IV-C1/ROK                C. van der Hauwaert), supported by Kingdom of Spain (agent:
D(98) of 11 December 1998 in so far as it rejects the                    N. Dı́az Abad): Application for annulment of Commission
applicant’s complaint alleging that the Republic of Austria              Regulation (EC) No 2423/1999 of 15 November 1999 introd-
infringed Articles 86 and 90(1) of the EC Treaty (now                    ucing safeguard measures in respect of sugar falling within CN
Articles 82 EC and 86(1) EC) when determining the amount                 code 1701 and mixtures of sugar and cocoa falling within CN
of the fee payable for the grant of a GSM concession, Court of           codes 1806 10 30 and 1806 10 90 originating in the overseas
First Instance of the European Communities (Second Chamber,              countries and territories (OJ 1999 L 294, p. 11), Court of First
Extended Composition), composed of: A.W.H. Meij, President,              Instance of the European Communities (Third Chamber),
K. Lenaerts, M. Jaeger, J. Pirrung and N.J. Forwood, Judges;             composed of: J. Azizi, President, K. Lenaerts and M. Jaeger,
H. Jung, Registrar, has given a judgment on 30 January 2002,             Judges; J. Plingers, Administrator, Registrar, has given a
in which it:                                                             judgment on 17 January 2002, in which it:
1.    Dismisses the application;                                         1.    Dismisses the action;
2.    Orders the applicant to bear its own costs and to pay those of     2.    Orders the applicant to bear its own costs and also those
      the Commission;                                                          incurred by the Commission;
3.    Orders the Kingdom of the Netherlands to pay its own costs.        3.    Orders the interveners to bear their own costs.
(1) OJ C 100 of 10.4.1999.                                               (1) OJ C 135 of 13.5.2000.