CELEX: C2001/331/28
Language: en
Date: 2001-11-24 00:00:00
Title: Judgment of the Court of First Instance of 12 July 2001 in Joined Cases T-198/95, T-171/96, T-230/97, T-174/98 and T-225/99, Comafrica SpA and Dole Fresh Fruit Europe Ltd & Co. v Commission of the European Communities (Common organisation of the markets — Bananas — Action for annulment — Admissibility — Legality of reduction and adjustment coefficients — Action for damages)

C 331/18               EN                     Official Journal of the European Communities                                        24.11.2001
                                                        COURT OF FIRST INSTANCE
    JUDGMENT OF THE COURT OF FIRST INSTANCE                              L 215, p. 62) and, secondly, for damages together with interest
                                                                         thereon in compensation for the loss caused to the applicants
                                                                         by the adoption of that Regulation — in Case T-225/1999,
                         of 12 July 2001                                 first, annulment of Commission Regulation (EC) No 1586/99
                                                                         of 20 July 1999 amending Regulation (EC) No 2632/98 laying
in Joined Cases T-198/95, T-171/96, T-230/97, T-174/98                   down for 1999 the single adjustment coefficient to be applied
and T-225/99, Comafrica SpA and Dole Fresh Fruit Europe                  to each traditional operator’s provisional reference quantity
Ltd & Co. v Commission of the European Communities (1)                   under the tariff quotas for traditional ACP bananas (OJ 1999
                                                                         L 188, p. 19) and, secondly, for damages together with interest
                                                                         thereon in compensation for the loss caused to the applicants
(Common organisation of the markets — Bananas — Action                   by the adoption of Regulation (EC) No 1586/1999, — the
for annulment — Admissibility — Legality of reduction and                Court of First Instance (Fifth Chamber), composed of P. Lindh,
        adjustment coefficients — Action for damages)                    President, R. Garcı́a-Valdecasas and J.D. Cooke, Judges; J. Pala-
                                                                         cio González, Administrator, for the Registrar, has given a
                        (2001/C 331/28)                                  judgment on 12 July 2001, in which it:
                   (Language of the case: English)                       1.     Dismisses the claims for annulment as inadmissible.
                                                                         2.     Dismisses the claims for damages as unfounded.
                                                                         3.     Orders the applicants to bear their own costs and jointly to pay
In Joined Cases T-198/95, T-171/96, T-230/97, T-174/98 and
                                                                                the costs of the Commission.
T-225/99 Comafrica SpA, established in Genoa (Italy), and
Dole Fresh Fruit Europe Ltd & Co., established in Hamburg
                                                                         4.     Orders the interveners to bear their own costs.
(Germany), represented by B. O’Connor, Solicitor, and B. Gar-
cı́a Porras, lawyer, with an address for service in Luxembourg,
against Commission of the European Communities (Agents:                  (1) OJ C 351 of 30.12.95, C 9 of 11.1.97, C 318 of 18.10.97, C 160
X. Lewis, K. Fitch, H. van Vliet, T. van Rijn, C. Van der                    of 5.6.1999 and C 6 of 8.1.2000.
Hauwaert, E. de March, J. Flett and J. Handoll), supported by
the French Republic, (Agents: C. Vasak, C. de Salins, K. Rispal-
Bellanger and F. Pascal), in Cases T-198/95, T-171/96,
T-230/97, and the Kingdom of Spain, (Agent: R. Silva de
Lapuerta), in Cases T-230/97 and T-225/99 — application
for — in Case T-198/95, first, annulment of Commission
Regulation (EC) No 1869/95 of 26 July 1995, amending                         JUDGMENT OF THE COURT OF FIRST INSTANCE
Regulation (EC) No 2947/94 fixing the single reduction
coefficient for the determination of the quantity of bananas to
be allocated to each operator in categories A and B within the                                       of 12 July 2001
tariff quota for 1995 (OJ 1995 L 179, p. 38), and, secondly,
for damages together with interest thereon, in compensation              in Joined Cases T-12/99 and T-63/99 UK Coal plc v
for the loss caused to the applicants by the adoption of                         Commission of the European Communities (1)
Regulation (EC) No 1869/95, — in Case T-171/96, first,
annulment of Commission Regulation (EC) No 1561/96
                                                                         (ECSC Treaty — Decision No 3632/93/ECSC — Operating
of 30 July 1996 fixing the reduction coefficients for the
                                                                         aid and aid for the reduction of activity — Authorisation ex
determination of the quantity of bananas to be allocated to
                                                                         post facto of aid already paid — Improvement of the viability
each operator in categories A and B within the tariff quota for
                                                                         of recipient undertakings — Degression of aid — Bonus
1996 (OJ 1996 L 193, p. 15), and, secondly, for damages
                                                                         paid to underground mineworkers (Bergmannsprämie) —
together with interest thereon in compensation for the loss
                                                                         Amendment of a modernisation, rationalisation and restruc-
caused to the applicants by the adoption of that Regulation —
                                                                         turing plan — Taking account of a concentration between
in Case T-230/97, first, annulment of Commission Regulation
                                                                                       undertakings — Statement of reasons)
(EC) No 1155/97 of 25 June 1997 fixing the reduction
coefficients for the determination of the quantity of bananas
to be allocated to each operator in categories A and B within                                       (2001/C 331/29)
the tariff quota for 1997 (OJ 1997 L 168, p. 67) and, secondly,
for damages together with interest thereon in compensation                                    (Language of the case: English)
for the loss caused to the applicants by the adoption of
that Regulation — in Case T-174/98, first, annulment of
Commission Regulation (EC) No 1721/98 of 31 July 1998
fixing the reduction coefficients for the determination of the           In Joined Cases T-12/99 and T-63/99 UK Coal plc, formerly
quantity of bananas to be allocated to each operator in                  RJB Mining plc, whose registered office is in Harworth (United
categories A and B within the tariff quota for 1998 (OJ 1998             Kingdom), represented by M. Brealey, Barrister, and