CELEX: C2000/020/06
Language: en
Date: 2000-01-22 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 14 October 1999 in Case C-104/97 P, Atlanta AG v European Community, represented by (1) Council of the European Union and (2) Commission of the European Communities (Appeal — Action for damages — Common organisation of the markets — Bananas — Import arrangements)

C 20/4                    EN                    Official Journal of the European Communities                                          22.1.2000
                   JUDGMENT OF THE COURT                                   2. Dismisses the action for damages brought by Atlanta AG;
                            (Fifth Chamber)                                3. Upholds Points 2 and 3 of the operative part of the judgment of
                                                                               the Court of First Instance in Case T-521/93 Atlanta AC and
                         of 14 October 1999                                    Others v European Community;
in Case C-104/97 P, Atlanta AG v European Community,                       4. Orders Atlanta AG to pay the costs incurred in the appeal;
represented by (1) Council of the European Union and
      (2) Commission of the European Communities (1)                       5. Orders the French Republic to bear its own costs incurred in the
                                                                               appeal.
(Appeal — Action for damages — Common organisation of
       the markets — Bananas — Import arrangements)
                                                                           (1) OJ C 142 of 10.5.1997.
                             (2000/C 20/06)
                    (Language of the case: German)
(Provisional translation; the definitive translation will be published
                     in the European Court Reports)
In Case C-104/97: — appeal by Atlanta AG, a company                                         JUDGMENT OF THE COURT
incorporated under German law, established in Bremen, Ger-
many, represented by E.A. Undritz and G. Schohe, Rechtsan-
wälte, Hamburg, with an address for service in Luxembourg at                                        (Sixth Chamber)
the chambers of M. Baden, 34B Rue Philipppe II, against the
judgment delivered on 11 December 1996 by the Fourth
                                                                                                  of 14 October 1999
Chamber (Extended Composition) of the Court of First Instance
of the European Communities in Case T-521/93 Atlanta AG
and Others v European Community [1996] ECR 11-1707,                        in Case C-229/98 (reference for a preliminary ruling from
seeking to have that judgment set aside, the other parties to              the Cour d’Appel, Brussels): Georges Vander Zwalmen,
the proceedings being: the European Community, represented                               Elisabeth Massart v Belgian State (1)
by (1) the Council of the European Union (Agent: J. Huber)
and (2) the Commission of the European Communities (Agent:
K.-D. Borchardt); Atlanta Handelsgesellschaft Harder & Co.                 (Officials and other servants of the European Communities
GmbH, a company incorporated under German law, estab-                      — Personal income tax — Taxation of the spouse of a
lished in Bremen, Afrikanische Frucht-Companie GmbH, a                                            Community official)
company incorporated under German law, established in
Hamburg (Germany), Cobana Bananeneinkaufsgesellschaft                                                (2000/C 20/07)
mbH & Co. KG, a company incorporated under German
law, established in Hamburg, Edeka Fruchtkontor GmbH, a
company incorporated under German law, established in
Hamburg, Internationale Fruchtimport Gesellschaft Weichert                                     (Language of the case: French)
& Co., a company incorporated under German law, established
in Hamburg, Pacific Fruchtimport GmbH, a company incor-
porated under German law, established at Hamburg, the                      (Provisional translation; the definitive translation will be published
French Republic (Agents: K. Rispal-Bellinger and G. Mignot)                                   in the European Court Reports)
and the United Kingdom of Great Britain and Northern Ireland
— the Court (Fifth Chamber), composed of J.C. Moitinho de
Almeida (Rapporteur), President of the Sixth Chamber, acting               In Case C-229/98: reference to the Court under Article 177 of
as President of the Fifth Chamber, L. Sevón, C. Gulmann,                  the EC Treaty (now Article 234 EC) from the Cour d’Appel,
J.-P. Puissochet and M. Wathelet, Judges; J. Mischo, Advocate              Brussels, for a preliminary ruling in the proceedings pending
General; H.A. Rühl, Principal Administrator, for the Registrar,            before that court between Georges Vander Zwalmen, Élisabeth
has given a judgment on 14 October 1999, in which it:                      Massart and Belgian State — on the interpretation of Article 13
                                                                           of the Protocol on the Privileges and Immunities of the
1. Sets aside the judgment delivered on 11 December 1996 by the            European Communities of 8 April 1965 — the Court (Sixth
     Court of First Instance of the European Communities in Case           Chamber), composed of: R. Schintgen, President of the Second
     T-521/93 Atlanta AG and Others v European Community                   Chamber, acting for the President of the Sixth Chamber,
     [1996] ECR II-1707, in so far as that court dismissed the             P.J.G. Kapteyn (Rapporteur), and G. Hirsch, Judges; D. Ruiz-
     action for damages brought by Atlanta AG without dealing with         Jarabo Colomer, Advocate General; D. Louterman-Hubeau,
     the allegation that there had been an unlawful delegation of          Principal Administrator, for the Registrar, has given a judgment
     legislative power to the Commission;                                  on 14 October 1999, in which it has ruled: