CELEX: C1997/271/26
Language: en
Date: 1997-09-06 00:00:00
Title: ORDER OF THE COURT OF FIRST INSTANCE of 3 July 1997 in Case T-201/96: Smanor SA and Others v. Commission of the European Communities (Failure to bring Treaty infringement proceedings - Action for declaration of failure to act - Action for damages - Inadmissibility)

C 271 / 16             I EN I               Official Journal of the European Communities                                     6 . 9 . 97
2 . dismisses the claim for compensation;                              Action brought on 5 June 1997 by Societa Camar s.r.l.
                                                                            against Commission of the European Communities
3 . holds that there is no need to give a decision on the                                       (Case T-l 72/97)
     claim for default interest;
                                                                                                 ( 97/C 271 /27 )
4 . orders the defendant to pay all the costs.
                                                                                        (Language of the case: Italian)
(') OJ C 351 , 30 . 12 . 1995 .
                                                                       An action against the Commission of the European
                                                                       Communities was brought before the Court of First
                                                                       Instance of the European Communities on 5 June 1997 by
                                                                       Societa Camar s.r.l ., represented by Wilma Viscardini
                                                                       Dona, assisted by Mariano Paolin and Simonetta Dona, of
     ORDER OF THE COURT OF FIRST INSTANCE                              the Padua Bar, with an address for service in Luxembourg
                            of 3 July 1997                             at the Chambers of Ernst Arendt, Rue Mathias Hardt.
in Case T-201 /96: Smanor SA and Others v. Commission
               of the European Communities (')
                                                                       The applicant claims that the Court should:
(Failure to bring Treaty infringement proceedings —
Action for declaration of failure to act — Action for
                   damages — Inadmissibility)                          — declare, pursuant to Article 175 of the EC Treaty, that,
                            ( 97/C 271/26 )                                 by failing to provide that the licences for importing
                                                                            bananas from non-member countries or non­
                                                                           traditional ACP countries to be allocated to Camar as
                 (Language of the case: French)                             a Category B operator during 1997 and for subsequent
                                                                           years pending restoration of its normal reference
                                                                            quantities should be calculated on the basis of the
In Case T-201/96 : Smanor SA, established at Saint-Martin­
                                                                            quantities which Camar marketed in 1988 , 1989 and
d'Ecublei (France), Hubert Segaud and Monique Segaud,                       1990, the Commission has breached Article 30 of
residing at Saint-Martin-d'Ecublei , represented by                         Council Regulation ( EEC ) No 404/93 and the second
Laurence Roques, of the Val de Marne Bar, 7—9 Rue du                        subparagraph of Article 40 ( 3 ) of the EC Treaty,
General de Larminat, Creteil ( France ), v. Commission of
the European Communities ( Agents : Richard Wainwright
and Jean-Francis Pasquier) — application, first, for a
declaration that, in failing to bring Treaty infringement              — order the Commission, pursuant to Article 178 and
proceedings against the French Republic under Article 169                  the second paragraph of Article 215 of the EC Treaty,
of the EC Treaty, the Commission has failed to act, and,                   to pay compensation for the damage which the
second, for damages for the loss flowing from that failure                 applicant has suffered by reason of the Commission's
— the Court of First Instance ( Second Chamber),                           failure,
composed of: C. W. Bellamy, President; B. Vesterdorf and
A. Kalogeropoulos, Judges; H. Jung, Registrar, made an
order on 3 July 1997, the operative part of which is as                — order the Commission to pay the costs incurred by the
follows :                                                                  applicant in these proceedings .
1 . The action is dismissed as inadmissible;
                                                                       Pleas in law and main arguments adduced in support:
2 . There is no need for a ruling on the application for
     leave to intervene;                                               The applicant company is the same as that in Case T-79/
                                                                       96 ( 1 ). It should first be pointed out in this regard, for
3 . The applicants are ordered to bear their own costs and             purposes of clarity, that while in Case T-79/96 Camar is
     to pay the costs of the Commission;                               seeking licences for additional imports from non-member
                                                                       countries as a Category B operator to replace the Somali
                                                                       bananas which it is unable to import vis-a-vis its
4 . The French Republic is ordered to bear the costs                   traditional quantity, the applicant is in the present action
     incurred by it in connection with the submission of its           requesting that the licences for non-member countries
    application for leave to intervene.                                normally allocated to it as a Category B operator should
                                                                       be quantified, not on the basis of the imports over three
                                                                       years as provided for under Article 4 of Commission
(') OJ C 54, 22 . 2 . 1997.
                                                                       Regulation ( EEC ) No 1442/93 , but on the basis of imports
                                                                       in 1988 , 1989 and 1990 . For 1997, the three-year period
                                                                       provided for under Article 4 of that regulation consists of