CELEX: C2001/118/101
Language: en
Date: 2001-04-21 00:00:00
Title: Order of the Court of First Instance of 7 December 2000 in Case T-77/95 DEP Union française de l'express (Ufex) and Others v Commission of the European Communities (Taxation of costs)

C 118/36                EN                      Official Journal of the European Communities                                       21.4.2001
      ORDER OF THE COURT OF FIRST INSTANCE                                 T-260/97 and T-117/98, and Tico srl, established in Padua
                                                                           (Italy), applicant in Case T-117/98, represented by W. Viscar-
                       of 7 December 2000                                  dini Donà, M. Paolin and S. Donà, of the Padua Bar, with an
                                                                           address for service in Luxembourg at the Chambers of
                                                                           E. Arendt, 8-10, Rue Mathias Hardt, the applicant in Case
in Case T-77/95 DEP Union française de l’express (Ufex)                    T-79/96 supported by the Italian Republic (Agents: U. Leanza
and Others v Commission of the European Communi-                           and F. Quadri), against Commission of the European Com-
                               ties (1)                                    munities (Agents: in Case T-79/96, E. de March, in Case
                                                                           T-260/97, H. van Vliet and A. Dal Ferro and, in Case
                         (Taxation of costs)                               T-117/98, F. Ruggeri Laderchi, H. van Vliet and A. Dal Ferro)
                                                                           and Council of the European Union, defendant in Case
                         (2001/C 118/101)                                  T-260/97 (Agents: J.P. Hix and A. Tanca), supported by French
                                                                           Republic (Agents: in Case T-79/96, C. de Salins and M. F. Pascal,
                                                                           and, in Case T-260/97, K. Rispal-Bellanger and C. Vasak) —
                    (Language of the case: French)                         application for, first, in Case T-79/96, a declaration that the
                                                                           Commission unlawfully failed to take measures, on the basis
                                                                           of Article 30 of Council Regulation (EEC) No 404/93 of
In Case T-77/95 DEP: Union française de l’express (Ufex),
                                                                           13 February 1993 on the common organisation of the market
formerly Syndicat français de l’express international (SFEI),
                                                                           in bananas (OJ 1993 L 47, p. 1), which would have enabled
established in Roissy-en-France, France, DHL International,
                                                                           the applicant to obtain supplies of bananas from third
established in Roissy-en-France, Service CRIE, established in
                                                                           countries following the situation resulting from the civil
Paris, France, and May Courier, established in Paris, represented
                                                                           war in Somalia; in Case T-260/97, for annulment of the
by E. Morgan de Rivery, of the Paris Bar, and J. Derenne, of the
                                                                           Commission’s decision of 17 July 1997 rejecting the applicant’s
Brussels and Paris Bars, with an address for service in
                                                                           request seeking, by virtue of Article 30 of that regulation,
Luxembourg at the Chambers of A. Schmitt, 7 Val Sainte-
                                                                           transitional measures to allow the annual quantity allocated to
Croix, v Commission of the European Communities (Agents:
                                                                           it for obtaining import licences for bananas from non-
R. Lyal and J.-Y. Art) — application for taxation of the costs to
                                                                           traditional ACP countries to be calculated in relation to the
be reimbursed by the defendant to the applicants following
                                                                           quantities which it marketed during 1988, 1989 and 1990;
the judgment of the Court of First Instance of 25 May 2000 in
                                                                           and, in Case T-117/98, for annulment of the Commission’s
Case T-77/95 Ufex and Others v Commission [2000] ECR
                                                                           decision of 23 April 1998 rejecting the applicants’ request for
II-0000 — the Court of First Instance (Second Chamber),
                                                                           an adjustment, pursuant to Article 16(3) of that regulation, of
composed of: A.W.H. Meij, President, R.M. Moura Ramos and
                                                                           the tariff quota for banana imports for the first half of 1998 in
J. Pirrung, Judges; H. Jung, Registrar, made an order on
                                                                           order to take account of the consequences of the floods which
7 December 2000, the operative part of which is as follows:
                                                                           occurred in Somalia on and after 28 October 1997; and, in all
                                                                           three cases, for compensation for the damage allegedly caused,
The total amount of costs to be reimbursed by the Commission to the        in Case T-79/96, by the Commission’s conduct, and allegedly
applicants shall be fixed at BEF 4 500 000.                                suffered, in Cases T-260/97 and T-117/98, as a result of the
                                                                           Commission’s rejections of their requests, the Court of First
(1) OJ C 137 of 3.6.1995.
                                                                           Instance (Fourth Chamber), composed of: R.M. Moura Ramos,
                                                                           President, V. Tiili and P. Mengozzi, Judges; Registrar: J. Palacio
                                                                           González, Administrator, made an order on 6 December 2000
                                                                           the operative part of which is as follows:
      ORDER OF THE COURT OF FIRST INSTANCE                                 1)    The Commission is ordered to bear its own costs, as well as
                                                                                 those incurred by Camar in Case T-79/96 R.
                       of 6 December 2000
in Joined Cases T-79/96, T-260/97 and T-117/98, Camar
srl and Tico srl against the Commission of the European                    2)    The Commission is ordered to bear its own costs in Case
    Communities and Council of the European Union (1)                            T-260/97 R and 90 % of those incurred by Camar in the
                                                                                 same case.
                    (Failure to take measures)
                         (2001/C 118/102)
                                                                           3)    The Council shall bear its own costs in Case T-260/97 R.
                    (Language of the case: Italian)
In Joined Cases T-79/96, T-260/97 and T-117/98, Camar srl,                 4)    Camar shall bear 10 % of the costs it incurred in Case
established in Florence (Italy), applicant in Cases T-79/96,                     T-260/97 R.