CELEX: C2005/281/35
Language: en
Date: 2005-11-12 00:00:00
Title: Case T-101/03: Judgment of the Court of First Instance of 22 September 2005 — Suproco v Commission (Association of the OCTs — Sugar not entitled to OCT origin — Request for a derogation from the rules of origin — Rejection of the request for a derogation — Duty to give reasons)

12.11.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 281/19
            
         Judgment of the Court of First Instance of 22 September 2005 — Suproco v Commission
   (Case T-101/03) (1)
   
   (Association of the OCTs - Sugar not entitled to OCT origin - Request for a derogation from the rules of origin - Rejection of the request for a derogation - Duty to give reasons)
   (2005/C 281/35)
   Language of the case: Dutch
   Parties
   
      Applicant(s): Suproco (Curaçao, Netherlands Antilles) (represented by M. Slotboom and N.J. Helder, lawyers)
   
      Defendant(s): Commission of the European Communities (represented by T. van Rijn and X. Lewis, agents)
   
      Intervener(s) in support of the applicant(s): Kingdom of the Netherlands (represented by H. Sevenster, agent)
   
      Intervener(s) in support of the defendant(s): Council of the European Union (represented by initially by G. Houttuin and M. Bishop, and subsequently by G. Houttuin and D. Canga Fano, agents) and by Kingdom of Spain (represented by N. Díaz Abad, lawyer)
   Application for
   the annulment of Commission Decision 2003/34/EC of 10 January 2003 refusing to grant a derogation from Council Decision 2001/822/EC, as regards the rules of origin for sugar from the Netherlands Antilles (OJ 2003 L 11, p. 50)
   Operative part of the judgment
   The Court:
   
               1)
            
            
               Annuls Commission Decision 2003/34/EC of 10 January 2003 refusing to grant a derogation from Council Decision 2001/822/EC, as regards the rules of origin for sugar from the Netherlands Antilles;
            
         
               2)
            
            
               Orders the Commission to bear its own costs and those of Suproco;
            
         
               3)
            
            
               Orders the Council, the Kingdom of Spain and the Kingdom of the Netherlands to bear their own costs.
            
         
      (1)  OJ C 135, 7.6.2003.