CELEX: C2002/003/33
Language: en
Date: 2002-01-05 00:00:00
Title: Judgment of the Court of First Instance of 12 July 2001 in Case T-2/99: T. Port GmbH & Co. KG v Council of the European Union (Bananas — Imports from ACP States and third countries — Regulation (EEC) No 404/93 — Possibility of relying on WTO rules — First paragraph of Article 234 of the EC Treaty (now, after amendment, first paragraph of Article 307 EC) — Action for damages)

5.1.2002               EN                     Official Journal of the European Communities                                           C 3/21
                                                        COURT OF FIRST INSTANCE
   JUDGMENT OF THE COURT OF FIRST INSTANCE                               5.    Orders the applicant in Case T-204/98 to pay its own costs
                                                                               and those incurred by the Commission in that case, including
                                                                               those relating to the proceedings for interim relief;
                          of 12 July 2001
                                                                         6.    Orders the applicant in Case T-207/98 to pay its own costs
in Joined Cases T-202/98, T-204/98 and T-207/98: Tate &                        and those incurred by the Commission in that case.
Lyle plc and Others v Commission of the European
                         Communities (1)
                                                                         (1) OJ C 48 of 20.2.1999.
(Competition — Sugar market — Infringement of Article 85
        of the EC Treaty (now Article 81 EC) — Fines)
                           (2002/C 3/32)
                   (Language of the case: English)                           JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                    of 12 July 2001
In Joined Cases T-202/98: Tate & Lyle plc, represented by
R. Fowler QC and A. L. Morris, solicitors, with an address               in Case T-2/99: T. Port GmbH & Co. KG v Council of the
for service in Luxembourg, T-204/98: British Sugar plc,                                          European Union (1)
represented by T. Sharpe QC and D. Jowell, barristers, and
L.R. Lindsay and A. Nourry, solicitors, with an address for
                                                                         (Bananas — Imports from ACP States and third countries
service in Luxembourg, Case T-207/98: Napier Brown & Co.
                                                                         — Regulation (EEC) No 404/93 — Possibility of relying on
Ltd, represented by D. Guy, solicitor, and S. Sheppard,
                                                                         WTO rules — First paragraph of Article 234 of the EC
barrister, with an address for service in Luxembourg, against
                                                                         Treaty (now, after amendment, first paragraph of
Commission of the European Communities (Agents:
                                                                                     Article 307 EC) — Action for damages)
B. Doherty and K. Wiedner) — application for annulment of
Commission Decision 1999/210/EC of 14 October 1998
relating to a proceeding pursuant to Article 85 of the EC                                            (2002/C 3/33)
    Treaty                        (Case                      IV/
F-3/33.708 — British Sugar plc, Case IV/F-3/33.709 — Tate
& Lyle plc, Case IV/F-3/33.710 — Napier Brown & Company                                     (Language of the case: German)
Ltd, Case IV/F-3/33.711 — James Budgett Sugars Ltd) (OJ
1999 L 76, p. 1) — the Court of First Instance (Fourth
Chamber), composed of P. Mengozzi, President, V. Tiili and
R.M. Moura Ramos, Judges; J. Palacio González, Administrator,           In Case T-2/99: T. Port GmbH & Co. KG, established in
for the Registrar, has given a judgment on 12 July 2001, in              Hamburg (Germany), represented by G. Meier, lawyer, against
which it:                                                                the Council of the European Union (Agents: S. Marquardt and
                                                                         J.-P. Hix) supported by the French Republic (Agents: K. Rispal-
                                                                         Bellanger, C. Vasak, S. Seam and F. Million) and by the
1.    Annuls Article 3 of Commission Decision 1999/210/EC of             Commission of the European Communities (Agent: K.-D. Bor-
      14 October 1998 relating to a proceeding pursuant to               chardt) — application for compensation for the loss which the
      Article 85 of the EC Treaty (Case IV/F-3/33.708 — British          applicant has suffered as a result of the Council introducing,
      Sugar plc, Case IV/F-3/33.709 — Tate & Lyle plc, Case IV/          under Council Regulation (EEC) No 404/93 of 13 February
      F-3/33.710 — Napier Brown & Company Ltd, Case IV/                  1993 on the common organisation of the market in bananas
      F-3/33.711 — James Budgett Sugars Ltd) in so far as it             (OJ 1993 L 47, p. 1), provisions which are alleged to conflict
      concerns the applicant in Case T-202/98;                           with Article I.1 and Article XIII of the General Agreement on
                                                                         Tariffs and Trade (GATT) — the Court of First Instance
2.    Fixes the amount of the fine imposed on the applicant in Case      (Fifth Chamber), composed of P. Lindh, President, R. Garcı́a-
      T-202/98 by Article 3 of Decision 1999/210 at 5.6 million          Valdecasas and J.D. Cooke, Judges; G. Herzig, Administrator,
      euros;                                                             for the Registrar, has given a judgment on 12 July 2001, in
                                                                         which it:
3.    Orders the Commission to pay its own costs and those of the
      applicant in Case T-202/98;                                        1.    Dismisses the action;
4.    Dismisses the applications in Cases T-204/98 and T-207/98;         2.    Orders the applicant to pay the costs;
 ---pagebreak--- C 3/22                  EN                     Official Journal of the European Communities                                           5.1.2002
3.     Orders the Commission and the French Republic to bear their            JUDGMENT OF THE COURT OF FIRST INSTANCE
       own costs.
(1) OJ C 71 of 13.3.1999.                                                                           of 5 June 2001
                                                                          in Case T-6/99: ESF Elbe-Stahlwerke Feralpi GmbH v
                                                                                 Commission of the European Communities (1)
     JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                          (ECSC Treaty — State aid — Investment aid — Operating
                                                                          aid — Scope of the ECSC Treaty — Principle of protection
                          of 12 July 2001                                                     of legitimate expectations)
in Case T-3/99: Banatrading GmbH v Council of the
                        European Union (1)
                                                                                                     (2002/C 3/35)
(Bananas — Imports from ACP States and third countries
— Regulation (EEC) No 404/93 — Possibility of relying on
WTO rules — First paragraph of Article 234 of the EC                                         (Language of the case: German)
Treaty (now, after amendment, first paragraph of Article
                  307 EC) — Action for damages)
                           (2002/C 3/34)
                    (Language of the case: German)                        In Case T-6/99: ESF Elbe-Stahlwerke Feralpi GmbH, established
                                                                          in Riesa, Germany, represented by W.M. Kühne and S. Bauer,
                                                                          avocats, with an address for service in Luxembourg, supported
                                                                          by Federal Republic of Germany (Agents: W.-D. Plessing and
In Case T-3/99: Banatrading GmbH, established in Hamburg                  C.-D. Quassowski) and by the Freistaat Sachsen, represented
(Germany), represented by G. Meier, lawyer, against the                   by J. Sedemund and T. Lübbig, avocats, with an address for
Council of the European Union (Agents: S. Marquardt and                   service in Luxembourg, against Commission of the European
J.P. Hix) supported by the French Republic (Agents: K. Rispal-            Communities (Agents: D. Triantafyllou and P. Nemitz) —
Bellanger, C. Vasak, S. Seam and F. Million) and by the                   application for annulment of Commission Decision
Commission of the European Communities (Agent: K.-D. Bor-                 1999/580/ECSC of 11 November 1998 concerning aid granted
chardt) — application for compensation for the loss which the             by Germany to ESF Elbestahlwerk Feralpi GmbH, Riesa, Saxony
applicant has suffered as a result of the Council introducing,            (OJ 1999 L 220, p. 28) — the Court of First Instance (Third
under Council Regulation (EEC) No 404/93 of 13 February                   Chamber, Extended Composition), composed of J. Azizi,
1993 on the common organisation of the market in bananas                  President, and P. Mengozzi, K. Lenaerts, R.M. Moura Ramos
(OJ 1993 L 47, p. 1), provisions which are alleged to conflict            and M. Jaeger, Judges; G. Herzig, Administrator, for the
with Article I.1 and Article XIII of the General Agreement on             Registrar, has delivered a judgment on 5 June 2001 in which
Tariffs and Trade (GATT) — the Court of First Instance                    it:
(Fifth Chamber), composed of P. Lindh, President, R. Garcı́a-
Valdecasas and J.D. Cooke, Judges; G. Herzig, Administrator,
for the Registrar, has given a judgment on 12 July 2001, in
which it:                                                                 1.    Annuls the first paragraph of Article 1 of Commission Decision
                                                                                1999/580/ECSC of 11 November 1998 concerning aid
                                                                                granted by Germany to EF Elbestahlwerk Feralpi GmbH, Riesa,
1.     Dismisses the action;
                                                                                Saxony, in so far as the part of the investment grant granted to
                                                                                the applicant in 1995 relating to investments in its cold wire
2.     Orders the applicant to pay the costs;                                   rod drawing plant is declared incompatible with Decision
                                                                                No 2496/96/ESC and the common market for coal and steel;
3.     Orders the Commission and the French Republic to bear their
       own costs.
                                                                          2.    Annuls the second paragraph of Article 1 of Decision
                                                                                1999/580, in so far as it states that the aid element of the
( 1) OJ C 71 of 13.3.1999.
                                                                                guarantees covering the operating loans of DEM 7.2 million
                                                                                and DEM 4.8 million granted at the end of 1994 was not
                                                                                authorised;