CELEX: C2001/004/10
Language: en
Date: 2001-01-06 00:00:00
Title: Case T-326/00: Action brought on 23 October 2000 by Anthony Goldstein against the Commission of the European Communities

6.1.2001              EN                     Official Journal of the European Communities                                            C 4/7
Action brought on 23 October 2000 by Anthony Gold-                      Action brought on 27 October 2000 by Rica Foods (Free
stein against the Commission of the European Communi-                   Zone) NV against the Commission of the European
                                ties                                                              Communities
                        (Case T-326/00)                                                          (Case T-332/00)
                                                                                                  (2001/C 4/11)
                          (2001/C 4/10)
                                                                                            (Language of the case: Dutch)
                  (Language of the case: English)
                                                                        An action against the Commission of the European Communi-
An action against the Commission of the European Communi-               ties was brought before the Court of First Instance of the
ties was brought before the Court of First Instance of the              European Communities on 27 October 2000 by Rica Foods
European Communities on 23 October 2000 by Anthony                      (Free Zone) NV, established in Oranjestad (Aruba), represented
Goldstein, represented by Raymond St John Murphy of                     by G. van der Wal, of the Brussels Bar, with an address for
Merriman White Solicitors, London.                                      service in Luxembourg at the Chambers of A. May, 398 Route
                                                                        d’Esch.
The applicant claims that the Court should:
                                                                        The applicant claims that the Court should:
—     annul the decision of the Commission of 10 August 2000
      rejecting the complaint made by the applicant pursuant            —     annul Regulation (EC) No 2081/2000 (1);
      to Article 86 EC concerning the violation of Articles 81
      and 82 EC by the General Medical Council;                         —     declare that the Community is liable for the loss and
                                                                              damage suffered by the applicant as a result of the fact
                                                                              that, since 1 October 2000, imports of the products
—     order the Commission to pay the costs.
                                                                              referred to in Regulation No 2081/2000 have been
                                                                              prevented or restricted on account of that regulation, and
                                                                              order that the parties are to seek to reach agreement
Pleas in law and main arguments                                               concerning the extent of the loss and damage suffered by
                                                                              the applicant and that, in the absence of agreement in
                                                                              that regard, the proceedings are to be resumed within a
By Application lodged in Case T-175/00 (1), the applicant in                  time-limit to be fixed by the Court in order for the extent
the current case has challenged the inaction of the Commission                of the loss and damage to be determined; or, at any rate,
in relation to one complaint, focused on the alleged anti-                    order the Community to pay the damages provisionally
competitive practices on the part of the General Medical                      estimated and yet to be assessed, alternatively order the
Council (GMC), a statutory body which regulates the medical                   Community to pay such amount of damages as the Court
profession in the territory of the United Kingdom.                            shall deem fair and equitable, together with interest at the
                                                                              annual rate of 8 % from the date of the application to the
                                                                              date of payment in full;
By decision of 10 August 2000, the Commission formally
rejected the above mentioned complaint. The present Appli-              —     order the Commission to pay the costs.
cation attacks this decision.
On support of its conclusions, the applicant submits an                 Pleas in law and principal arguments
infringement of Article 86 (ex-Article 90) of the EC Treaty. It
is stated on this point that such a violation of the European
competition Law raises from, in the first place, by wrongly             The pleas in law and main arguments put forward by the
failing to examine the validity of national legislation, and, in        applicant are similar to those in Case T-94/00.
the second place, by wrongly assessing the analytical data on
which basis can be concluded that the essential elements of a
situation in which Article 86 EC applies are in fact present.           (1) Commission Regulation (EC) No 2081/2000 of 29 September
                                                                            2000 providing for the continued application of safeguard
                                                                            measures for imports from the overseas countries and territories
                                                                            of sugar sector products with EC/OCT cumulation of origin (OJ
(1) JO C 285 of 7.10.00, p. 11.                                             L 246 of 30 September 2000, p. 64).