CELEX: C2001/289/75
Language: en
Date: 2001-10-13 00:00:00
Title: Case T-179/01: Action brought on 30 July 2001 by Dilexport s.r.l. against Commission of the European Communities

C 289/34                EN                      Official Journal of the European Communities                                   13.10.2001
Action brought on 31 July 2001 by Di Lenardo Adriano                            —     introducing ex novo the condition set forth at
 s.r.l. against Commission of the European Communities                                Article 6(c) of Regulation No 896/200 of not being
                                                                                      related to another traditional operator;
                          (Case T-178/01)                                       —     using Article 143 of the Customs Code as a pre-
                                                                                      sumption juris et de jure in order to prevent new
                                                                                      operators gaining access to the market in bananas.
                          (2001/C 289/74)
                                                                           —    infringement of the first and third paragraphs of
                    (Language of the case: Italian)                             Article 3b (now Article 5) of the EC Treaty, as well as
                                                                                breach of the fundamental principles of legal certainty
                                                                                and legitimate expectations, and infringement of the first
                                                                                and second paragraphs of Article F (now Article 6) of the
An action against the Commission of the European Communi-                       Treaty on European Union. The applicant argues in this
ties was brought before the Court of First Instance of the                      respect that the Commission has infringed the applicant’s
European Communities on 31 July 2001 by Di Lenardo                              property rights and the right to pursue a professional
Adriano s.r.l., represented by Aldo Bozzi, Claudia M.R. Gatti                   activity, having gone beyond what is necessary to achieve
and Bruno Telchini, lawyers.                                                    the objectives of the Community. Moreover, the prin-
                                                                                ciples of legal certainty and legitimate expectations have
                                                                                been infringed inasmuch as the new category of operators
                                                                                applies ex tunc.
The applicant claims that the Court should:
                                                                           —    breach of the principle of non-discrimination, guaranteed
—     annul Commission Regulation (EC) No 896/2001 of                           under Article 34(2) of the EC Treaty
      7 May 2001 laying down detailed rules for applying
      Council Regulation (EEC) No 404/93 as regards the                    —    infringement of Article 85 (now Article 81) and Article 86
      arrangements for importing bananas into the Com-                          (now Article 82) of the EC Treaty, inasmuch as the
      munity;                                                                   contested regulation prevents competition between tra-
                                                                                ditional operators, creating a situation in the banana
                                                                                market which amounts to a de facto derogation from
—     order the Commission to pay the costs.                                    Article 82.
Pleas in law and main arguments
For over 20 years the applicant company has been marketing                 Action brought on 30 July 2001 by Dilexport s.r.l. against
third-country bananas, having been recognised as a traditional                     Commission of the European Communities
operator A/B since the entry into force of Regulation
No 404/93. However, from 1 July 2001 it has been refused,                                          (Case T-179/01)
on the basis of the contested regulation, the chance to operate
in the banana importing sector either in respect of the quota
reserved for traditional operators (83 %) or of the quota                                          (2001/C 289/75)
reserved for non-traditional operators (17 %).
                                                                                              (Language of the case: Italian)
In support of its arguments, the applicant alleges:
                                                                           An action against the Commission of the European Communi-
                                                                           ties was brought before the Court of First Instance of the
—     infringement of Regulation No 404/93, as well as of                  European Communities on 30 July 2001 by Dilexport s.r.l.,
      Article 4 (now Article 7) of the EC Treaty. The applicant            represented by Aldo Bozzi, Claudia M.R. Gatti and Bruno
      claims in this respect that the Commission encroached                Telchini, lawyers.
      on the competencies which properly belong to the
      Council by:
                                                                           The applicant claims that the Court should:
      —     introducing ex novo a category of banana operator
            altogether foreign to the Council regulations;                 —    annul Commission Regulation (EC) No 896/2001 (1) of
                                                                                7 May 2001 laying down detailed rules for applying
                                                                                Council Regulation (EEC) No 404/93 as regards the
      —     introducing the concept of ‘primary imports’ as the                 arrangements for importing bananas into the Com-
            test for traditional operators;                                     munity;
 ---pagebreak--- 13.10.2001              EN                     Official Journal of the European Communities                                     C 289/35
—     order the Commission to pay the costs.                                    damage suffered by him, the sum of 10 000 euros,
                                                                                subject to increase or reduction during the course of the
                                                                                proceedings;
Pleas in law and main arguments                                           —     order the defendant to pay the costs in any event.
The pleas in law and main arguments are those relied upon in              Pleas in law and main arguments
Case T-178/01 Di Lenardo Adriano.
                                                                          In support of his action, the applicant invokes Articles 25 and
(1) OJ L 126, 8.5.2001, p. 6.                                             43 of the Staff Regulations, the general provisions for the
                                                                          implementation of Article 43 of the Staff Regulations and the
                                                                          principles of sound administration, the protection of legitimate
                                                                          expectations and legal certainty. The applicant further claims
                                                                          that there has been a misuse of powers.
Action brought on 7 August 2001 by Arnaldo Mellone
  against the Commission of the European Communities
                                                                          Action brought on 20 August 2001 by Aristotelio Panepis-
                          (Case T-187/01)                                 timio Thessalonikis against the Commission of the Euro-
                                                                                                pean Communities
                          (2001/C 289/76)
                                                                                                  (Case T-196/01)
                    (Language of the case: French)                                                (2001/C 289/77)
An action against the Commission of the European Communi-                                    (Language of the case: Greek)
ties was brought before the Court of First Instance of the
European Communities on 7 August 2001 by Arnaldo Mel-                     An action against the Commission of the European Communi-
lone, residing in Brussels, represented by Eric Boigelot, avocat,         ties was brought before the Court of First Instance of the
with an address for service in Luxembourg.                                European Communities on 20 August 2001 by Aristotelio
                                                                          Panepistimio Thessalonikis (Aristotle University, Thessaloniki),
                                                                          represented by Dimos Nikopoulos, of the Thessaloniki Bar.
The applicant claims that the Court should:
                                                                          The applicant claims that the Court should:
—     annul the decision adopted by the appointing authority
      on 10 July 2000, whereby the applicant’s staff report for           —     annul Decision C (2001) 1284 of the European Com-
      the period from 1 July 1995 to 30 June 1997 were                          mission of 8 June 2001 withdrawing assistance granted
      declared definitive by the appeal assessor, and, in so far                to the Laboratory for Forest Genetics and Improvement
      as may be necessary, annul the note of 18 July 2000                       of Forest Species of the Aristotelio Panepistimio Thessa-
      rectifying the material error as to the period covered by                 lonikis by Commission Decision C (96) 2542 of 25 Sep-
      the report in question;                                                   tember 1996 concerning the grant of assistance by the
                                                                                EAGGF Guidance Section, pursuant to Council Regu-
—     annul the decision of 24 April 2001, received by the                      lation (EEC) No 4256/88, in connection with Project
      applicant on 7 May 2001, expressly rejecting his com-                     No 93.EL.06.023 entitled: pilot project relating to the
      plaint;                                                                   speeding-up of the replacement of forests destroyed by
                                                                                fire in Greece.
—     in consequence of those annulments, rule that the
      applicant’s staff report for the period from 1 July 1995            —     order the defendant to pay the costs.
      to 30 June 1997 is not definitive and should not, as it
      currently stands, be placed on the applicant’s personal
      file, or alternatively that it should be withdrawn pending          Pleas in law and main arguments
      completion of the proper, definitive staff report to be
      prepared;                                                           The applicant submits that the contested Commission decision
                                                                          infringes Article 24 of Regulation (EEC) No 4253/88 and the
—     order the defendant to pay to the applicant, by way of              principle of proportionality. In addition, the reasoning given
      compensation for the professional and non-material                  in the decision is not lawful or sufficient.