CELEX: C1999/226/69
Language: en
Date: 1999-08-07 00:00:00
Title: Case T-123/99: Action brought on 21 May 1999 by JT's Corporation Limited against the Commission of the European Communities

7.8.1999               EN                     Official Journal of the European Communities                                         C 226/39
Action brought on 21 May 1999 by JT’s Corporation                        The contested decision refuses disclosure of documents falling
Limited against the Commission of the European Com-                      within the first and pan of the fourth categories on the ground
                            munities                                     that they were covered by the exception regarding the
                                                                         protection of the public interest, as defined in the annex to
                                                                         Decision 94/90. As regards the findings and information
                        (Case T-123/99)                                  obtained through the enquiries carried out in Bangladesh, on
                                                                         the basis of Regulation No 1468/81 (1), the contested decision
                        (1999/C 226/69)                                  invokes grounds of confidentiality. Finally, in relation to the
                                                                         second and part of the fourth categories of the requested
                                                                         material, the contested decision stases that Decision 94/9C
                                                                         requires application to be made to the Government of
                   (Language of the case: English)                       Bangladesh on the basis that it was the author of the documents
                                                                         in question.
An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the               The applicant submits that:
European Communities on 21 May 1999 by JT’s Corporation
Limited, represented by Malachy Cornwell-Kelly, with an
address for service in Luxembourg at Wilson Associates, 3                — none of the arguments advanced by the Commission can
boulevard Royal.                                                              be considered as justified in the light of the Decision 94/90
                                                                              and Regulation No 1468/81, and
The applicant claims that the Court should:
                                                                         — the contested decision does not state with sufficient
                                                                              particularity the reasons upon which it is based, as required
— annul the Commission Decision of 11 March 1999;                             by Article 190 of the EC Treaty.
— order the Commission to pay the costs.
                                                                         (1) Council Regulation (EEC) No 1468/81, of 19 May 1981,         on
                                                                             mutual assistance between the administrative authorities of the
Pleas in law and main arguments                                              Member States and cooperation between the latter and        the
                                                                             Commission to ensure the correct application of the law      on
                                                                             customs oragricultural matters. OJ L 144 of 2.6.1981, p. 1.
The applicant in the present case challenges the refusal of the
Commission to grant it access to certain documents concerning
demands for duty relating to imports of goods for which total
relief from duty was claimed and accorded upon presentation
of GSP Forms A certifying that the goods imported originated
in Bangladesh. It stated for this purpose that the VAT and
Duties Tribunal, before which an appeal had been brought
against the decision of the national authorities refusing
remission of the duty claimed pursuant to Article 239 of the
Community Customs Code, has no jurisdiction to compel the
                                                                         Action brought on 25 May 1999 by Autosalone Ispra dei
production of any documents by the Commission. The
                                                                         F.lli Rossi s.n.c against the Commission of the European
documents of which disclosure has been demanded are
                                                                                                    Communities
intended to be used as an evidence before that tribunal.
                                                                                                   (Case T-124/99)
The documents in question can be divided into the following
categories:
                                                                                                   (1999/C 226/70)
— EU mission reports and annexes;
— responses of the Government of Bangladesh or its agencies                                  (Language of the case: Italian)
     to the report;
                                                                         An action against the Commission of the European Communi-
— Commission decisions with respect to the mission reports;              ties was brought before the Court of First Instance of the
                                                                         European Communities on 25 May 1999 by Autosalone Ispra
— Correspondence between the Commission and the Govern-                  dei F.lli Rossi s.n.c., represented by Francandrea Venuti of the
     ment of Bangladesk with regard to cancellation of the GSP           Busto Arsizio Bar, with an address for service in Luxembourg at
     Forms A; and                                                        the Chambers of Arsene Kronshagen, 22, Rue Marie-Adelaïde:
— reports or summaries compiled or received by the Com-                  The applicant claims that the Court should:
     mission with regard to the operation and conduct of the
     GSP scheme relating to textile goods from Bangladesh
     between 1991 and 1996.                                              — establish and declare that the EAEC is liable;