CELEX: C2000/302/68
Language: en
Date: 2000-10-21 00:00:00
Title: Case T-200/00: Action brought on 31 July 2000 by Glenryck UK Limited, Maple Leaf Foods UK Limited, Martin Mathew & Co Limited and North Country Quality Foods Limited against the Commission of the European Communities

C 302/28                EN                     Official Journal of the European Communities                                    21.10.2000
—     the principle of fair application of the law; and                   The fourth applicant claims that the Court should:
—     the obligation to provide proper reasoning.                         —     annul the Commission Decision dated 15 May 2000
                                                                                under reference REM 43/199 and award the costs of the
                                                                                application.
(1) Council Regulation (EEC) No 2913/92 of 12 October 1992
    establishing the Community Customs Code, OJ L 302, p. 1.
(2) Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying
    down provisions for the implementation of Council Regulation          Pleas in law and main arguments
    (EEC) No 2913/92 establishing the Community Customs Code,
    OJ L 253, p. 1.
                                                                          The legislative and factual background is similar to that in Case
                                                                          T-199/00.
                                                                          The applicants seek the annulment of the contested decisions
                                                                          on the following grounds:
Action brought on 31 July 2000 by Glenryck UK Limited,                    —     The investigation in Turkey was both ultra vires and
Maple Leaf Foods UK Limited, Martin Mathew & Co                                 flawed.
Limited and North Country Quality Foods Limited against
       the Commission of the European Communities
                                                                          —     The applicants rights of defence had been violated as an
                                                                                UCLAF report on allegations of fraud had been established
                         (Case T-200/00)                                        without contacting the applicants to check the facts or
                                                                                seek clarification.
                         (2000/C 302/68)
                                                                          —     The Commission misunderstood the significance of the
                                                                                fact that the Turkish customs authorities had not with-
                    (Language of the case: English)                             drawn the relevant ATR movement certificates.
An action against the Commission of the European Communi-                 —     Contrary to the contested decision, the mixing of qualify-
ties was brought before the Court of First Instance of the                      ing and non-qualifying material does not invalidate the
European Communities on 31 July 2000 by Glenryck UK                             final product for preferential-duty purposes.
Limited, Maple Leaf Foods UK Limited, Martin Mathew & Co
Limited and North Country Quality Foods Limited, represented
by Eamon McNicholas, Malachy Cornwell-Kelly and Sally                     —     Contrary to the contested decision, there is a special
Saltissi of Dechert, London.                                                    situation or exceptional circumstance for the purposes of
                                                                                Article 239(1) of Council Regulation (EEC) No 2913/92.
The first applicant claims that the Court should:
                                                                          The third and the fourth applicants submit two additional
—     annul the Commission Decision dated 2 May 2000 under                grounds for annulment with regard to importations taking
      reference REM 14/199 and award the costs of the                     place in 1996:
      application.
                                                                          —     As a result of the implementation of the Customs Union,
The second applicant claims that the Court should:                              agricultural goods freely circulating in Turkey fall within
                                                                                the preferential-duty scheme.
—     annul the Commission decision dated 8 May 2000 under
      reference REM 15/199 and award the costs of the
                                                                          —     By refusing to inform the applicants about the findings
      application.
                                                                                of the investigation carried out in Turkey the Commission
                                                                                left the applicants to incur further financial risks, which
The third applicant claims that the Court should:                               taints the contested decision.
—     annul the Commission Decision dated 2 May 2000 under
      reference REM 16/199 and award the costs of the
      application.