CELEX: C2001/150/44
Language: en
Date: 2001-05-19 00:00:00
Title: Judgment of the Court of First Instance of 20 March 2001 in Case T-52/99 T. Port GmbH & Co. KG v Commission of the European Communities (Bananas — Imports from ACP States and third countries — Calculation of annual quantity allocated — Action for damages — Admissibility — Possibility of relying on WTO rules — Misuse of powers — General principles of Community law)

19.5.2001              EN                     Official Journal of the European Communities                                          C 150/23
    JUDGMENT OF THE COURT OF FIRST INSTANCE                              2.    Orders the applicants to pay the costs, including those relating
                                                                               to the interlocutory proceedings;
                       of 7 February 2001                                3.    Orders the intervener to bear its own costs.
                                                                         (1) OJ C 136 of 15.5.99.
in Cases T-38/99 to T-50/99: Sociedade Agrı́cola dos
Arinhos, Ld.a, and Others v Commission of the European
                         Communities (1)
(Action for annulment — Commission Decision 98/653/EC
— Emergency measures on the ground of the occurrence of
bovine spongiform encephalopathy in Portugal — Natural
or legal persons — Act of direct and individual concern to                   JUDGMENT OF THE COURT OF FIRST INSTANCE
                     them — Admissibility)
                                                                                                  of 20 March 2001
                         (2001/C 150/43)                                 in Case T-52/99 T. Port GmbH & Co. KG v Commission
                                                                                         of the European Communities (1)
                                                                         (Bananas — Imports from ACP States and third countries
                 (Language of the case: Portuguese)                      — Calculation of annual quantity allocated — Action for
                                                                         damages — Admissibility — Possibility of relying on
                                                                         WTO rules — Misuse of powers — General principles of
                                                                                                   Community law)
In Cases T-38/99 to T-50/99: Sociedade Agrı́cola dos Arinhos,
Ld.a, established in Lisbon, Portugal, Sociedade Agrı́cola do
Monte da Aldeia, Ld.a, established in Lisbon, António José                                        (2001/C 150/44)
da Veiga Teixeira, residing in Coruche, Portugal, Sociedade
Agrı́cola Monte da Senhora do Carmo SA, established in
Almeirim, Portugal, Sociedade Agrı́cola de Perescuma SA,
established in Almeirim, Sociedade Agrı́cola Couto de Fornil-                                (Language of the case: German)
hos SA, established in Moura, Portugal, Casa Agrı́cola da
Raposeira, Ld.a, established in Coruche, José de Barahona                In Case T-52/99 T. Port GmbH & Co. KG, established in
Núncio, residing in Évora, Portugal, Prestase — Prestação de          Hamburg (Germany), represented by G. Meier, avocat, against
Serviços e Contabilidade, Ld.a, established in Lisbon, Sociedade         Commission of the European Communities (Agents: K.-D. Bor-
Agro-Pecuária da Herdade do Zambujal, Ld.a, established in              chardt and H. van Vliet) — application for for compensation
Palmela, Portugal, Francisco Luı́s Pinheiro Caldeira, residing in        for the loss which the applicant has allegedlysuffered as a
Campo Maior, Portugal, Sociedade Agrı́cola Cabral de Ascen-              result of the Commission introducing, under Regulation (EC)
são, Ld.a, established in Horta dos Arcos, Serpa, Portugal,             No 2362/98 of 28 October 1998 laying down detailed
Joaquim Inácio Passanha Braancamp Sobral, residing in Lisbon,           rules for the implementation of Council Regulation (EEC)
represented by C. Botelho Moniz and J. Rôla Roque, of the                No 404/93 regarding imports of bananas into the Community
Lisbon Bar, with an address for service in Luxembourg,                   (OJ 1998 L 293, p. 32), provisions which are alleged to conflict
supported by Portuguese Republic (Agents: L. Fernandes,                  with World Trade Organisation (WTO) rules and certain
A.C. de Seiça Neves and A.M. Gonçalves Monteiro), against                general principles of Community law — the Court of First
Commission of the European Communities (Agents:                          Instance (Fifth Chamber), composed of P. Lindh, President,
A.M. Alves Vieira and G. Berscheid, assisted by V. Airão,) —            R. Garcı́a-Valdecasas and J.D. Cooke, Judges; J. Palacio Gonzá-
application for annulment of Article 2(a) of Commission                  lez, Administrator, for the Registrar, has given a judgment on
Decision 98/653/EC of 18 November 1998 concerning emerg-                 20 March 2001, in which it:
ency measures made necessary by the occurrence of bovine
spongiform encephalopathy in Portugal (OJ 1998 L 311,                    1.    Dismisses the action;
p. 23), inasmuch as it prohibits the dispatch from Portugal to
Spain and France of fighting bulls intended for cultural and
sporting events — the Court of First Instance (Fourth Chamb-             2.    Orders the applicant to pay its own costs and those of the
er), composed of: V. Tiili, President, R.M. Moura Ramos                        Commission.
and P. Mengozzi, Judges; G. Herzig, Administrator, for the
Registrar, has given a judgment on 7 February 2001, in which
it:                                                                      (1) OJ C 121 of 1.5.99.
1.    Dismisses the applications as inadmissible;