CELEX: C1998/151/24
Language: en
Date: 1998-05-16 00:00:00
Title: Action brought on 1 April 1998 by the Netherlands Antilles against the Commission of the European Communities (Case T-52/98)

16.5.98              EN                 Official Journal of the European Communities                                  C 151/13
Action brought on 1 April 1998 by the Netherlands                  rules for imports of rice originating in the ACP countries
Antilles against the Commission of the European                    or the OCT pursuant to Article 108a of the OCT
                        Communities                                Decision.
                      (Case T-52/98)
                       (98/C 151/24)                               The rice implementation Regulation is intended to secure
                                                                   the limitation by the Community of imports of rice
                (Language of the case: Dutch)                      originating, in particular, in the Netherlands Antilles.
                                                                   According to the Netherlands Antilles, the Commission
An action against the Commission of the European                   has restricted trade between the Netherlands Antilles and
Communities was brought before the Court of First                  the Community, contrary to Community law. The
Instance of the European Communities on 1 April 1998               application also includes a claim that the legal
by the Netherlands Antilles, represented by P. Bos and M.          infringements complained of should not be repeated in the
Slotboom, of the Rotterdam Bar, with an address for                future. Lastly, the rice implementation Regulation imposes
service in Luxembourg at the Chambers of M. Loesch, 11             serious restrictions on an important sector of the
rue Goethe.                                                        Netherlands Antilles economy, namely the sugar refineries.
The applicant claims that the Court should:                        The pleas in law advanced in opposition to the contested
                                                                   Regulation allege lack of competence, infringement of
                                                                   essential procedural requirements and infringement of the
1. annul Commission Regulation (EC) No 2603/97 of
                                                                   Treaty or of rules for the implementation thereof and/or
    16 December 1997 laying down the detailed
                                                                   breach of general principles of Community law, in
    implementing rules for imports of rice originating in
                                                                   particular: illegality of Article 101(1) of the OCT
    the ACP countries or the overseas countries and
                                                                   Decision, illegality of the origin rules contained in Title I
    territories (OCT) (OJ L 351, 23.12.1997, p. 22);
                                                                   of Annex II to the OCT Decision, illegality of the
                                                                   amending Decision on which the rice implementation
2. order the Commission to pay the costs.                          Regulation is based, infringement of Article 234 of the
                                                                   OCT Decision, infringement of Article 133(1) of the
                                                                   Treaty, infringement of Article 132(1) of the Treaty in
Pleas in law and main arguments adduced in support:
                                                                   conjunction with Article 102 of the OCT Decision,
                                                                   infringement of Article XIII of GATT 1994 and of the
The applicant seeks annulment of the rice implementation           WTO Agreement on import licensing procedures and
Regulation, which lays down the detailed implementing              infringement of Article 228(7) of the Treaty.