CELEX: C1999/366/59
Language: en
Date: 1999-12-18 00:00:00
Title: Order of the Court of First Instance of 15 September 1999 in Case T-11/99: Firma Léon Van Parys NV and Others v Commission of the European Communities (Agriculture - Common organisation of the markets - Bananas - Action for annulment - Persons individually concerned - Restricted group of operators - Inadmissibility)

18.12.1999               EN                      Official Journal of the European Communities                                          C 366/27
       ORDER OF THE COURT OF FIRST INSTANCE                                       ORDER OF THE COURT OF FIRST INSTANCE
                       of 30 September 1999                                                       of 15 September 1999
in Case T-182/98: UPS Europe SA v Commission of the                         in Case T-11/99: Firma Léon Van Parys NV and Others v
                     European Communities (1)                                      Commission of the European Communities (1)
(State aid — Letter from the Commission to a complainant                    (Agriculture — Common organisation of the markets —
          — Act open to challenge — Inadmissibility)                        Bananas — Action for annulment — Persons individually
                                                                            concerned — Restricted group of operators — Inadmissi-
                                                                                                            bility)
                           (1999/C 366/58)
                                                                                                      (1999/C 366/59)
                     (Language of the case: English)
                                                                                                (Language of the case: Dutch)
In Case T-182/98: UPS Europe SA, established in Brussels,
represented by Tom R. Ottervanger, of the Rotterdam Bar, and
Dirk Arts, of the Brussels Bar, with an address for service in              In Case T-11/99: Firma Léon Van Parys NV, established in
Luxembourg at the chambers of Loeff Claeys and Verbeke, 5                   Antwerp (Belgium), Pacific Fruit Company NV, established in
Rue Charles Martel v Commission of the European Communi-                    Antwerp, Pacific Fruchtimport GmbH, established in Hamburg
ties (Agent: James Flett) — application for the annulment of                (Germany), and Pacific Fruit Company Italy SpA, established
the Commission’s letter of 2 October 1998 (Ref. D/54021) —                  in Rome, represented by Philippe Vlaemminck, Lode Van Den
the Court (Fourth Chamber, Extended Composition), compo-                    Hende and Julien Holmens, of the Ghent Bar, with an address
sed of: R.M. Moura Ramos, President, and M.R. Garcı́a-                      for service in Luxembourg at the Chambers of Messrs Loesch
Valdecasas, V. Tiili, P. Lindh and P. Mengozzi, Judges; H. Jung,            & Wolter, 11 Rue Goethe, v Commission of the European
Registrar, has made an order on 30 September 1999, in which                 Communities (Agent: Hubert van Vliet) — application for
it:                                                                         annulment of Commission Regulation (EC) No 2362/98 of
                                                                            28 October 1998 laying down detailed rules for the implemen-
                                                                            tation of Council Regulation (EEC) No 404/93 regarding
1. dismisses the application as inadmissible;                               imports of bananas into the Community — the Court of First
                                                                            Instance (Fifth Chamber), composed of: J.D. Cooke, President,
                                                                            R. Garcı́a-Valdecasas and P. Lindh, Judges; H. Jung, Registrar,
2. orders the document produced as Annex 1 to the applicant’s               made an order on 15 September 1999, the operative part of
     observations on the plea of inadmissibility, lodged at the Registry    which is as follows:
     of the Court of First Instance on 18 February 1999, to be
     removed from the file in Case T-182/98;                                1. The action is dismissed as inadmissible;
3. dismisses the ancillary application for the remainder;                   2. The applicants are to bear their own costs and to pay, jointly and
                                                                                severally, the costs of the Commission, including those incurred
                                                                                in the proceedings for interim measures;
4. orders the Commission to bear its own costs and to pay one third
     of the costs incurred by the applicant;
                                                                            3. There is no need to rule on the applications to intervene made by
                                                                                the Kingdom of Spain and the French Republic;
5. orders the applicant to bear two thirds of its own costs.
                                                                            4. The Kingdom of Spain and the French Republic are to bear their
                                                                                own costs in relation to the proceedings for interim measures.
(1) OJ No C 20 of 23.1.1999.
                                                                            (1) OJ C 71 of 13.3.1999.