CELEX: C2003/112/41
Language: en
Date: 2003-05-10 00:00:00
Title: Removal from the register of Case C-254/02

10.5.2003              EN                      Official Journal of the European Union                                        C 112/23
Pleas in law and main arguments                                                Removal from the register of Case C-26/02 (1)
—     Irregularity of the proceedings                                                           (2003/C 112/40)
      The Court of First Instances misinterpreted the case as
      presented by the applicant, making no mention in its             By order of 26 February 2003 the President of the Court of
      judgment of the evidence led by it and reflected in the          Justice of the European Communities ordered the removal
      Report for the Hearing. Furthermore, the judgment is also        from the register of Case C-26/02: Kingdom of Spain v Council
      misleading as to the course of the hearing before the            of the European Communities.
      Court of First Instance.
                                                                       (1 ) OJ C 68 of 16.3.2002.
—     Breach of Community law
      The Court of First Instance wrongly considered that
      Article 125 of Council Decision 86/283/EEC of 30 June
      1986 on the association of the overseas countries and
                                                                               Removal from the register of Case C-254/02 ( 1)
      territories with the European Economic Community does
      not include agricultural projects among those capable of
                                                                                                (2003/C 112/41)
      being financed by Community funding. The Court of First
      Instance ignored the evidence put forward in that respect
      by the applicant.
                                                                       By order of 25 February 2003 the President of the Court of
      Moreover, the Court of First Instance infringed the              Justice of the European Communities ordered the removal
      Charter of Fundamental Rights and the rights of the              from the register of Case C-254/02 (Reference for a preliminary
      defence by misinterpreting the complaints put forward            ruling by the VAT and Duties Tribunals, London Tribunal
      by the applicant.                                                Centre): Fast Forward Resources plc v Commissioners of
                                                                       Customs and Excise.
                                                                       (1 ) OJ C 202 of 24.8.2002.