CELEX: C2003/112/48
Language: en
Date: 2003-05-10 00:00:00
Title: Judgment of the Court of First Instance of 25 February 2003 in Case T-183/00, Strabag Benelux NV v Council of the European Union (Public works contracts — Contested decision non-existent — Statement of reasons in the decision awarding the contract — Criteria for award — Application for annulment — Non-contractual liability of the Community)

C 112/26                EN                          Official Journal of the European Union                                         10.5.2003
     JUDGMENT OF THE COURT OF FIRST INSTANCE                                     JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                   of 25 February 2003
                          of 6 March 2003
                                                                            in Case T-183/00, Strabag Benelux NV v Council of the
                                                                                                    European Union (1)
in Case T-57/00: Banan-Kompaniet AB and Skandinaviska
                                                                            (Public works contracts — Contested decision non-existent
Bananimporten AB v Council of the European Union and                        — Statement of reasons in the decision awarding the contract
        Commission of the European Communities ( 1)
                                                                            — Criteria for award — Application for annulment — Non-
                                                                                        contractual liability of the Community)
(Bananas — Common organisation of the markets —                                                       (2003/C 112/48)
Decision 94/800/EC — Regulation (EC) No 478/95 —
          Export licence scheme — Action for damages)                                           (Language of the case: French)
                          (2003/C 112/47)                                   In Case T-183/00, Strabag Benelux NV, established in Stabroek
                                                                            (Belgium), represented by A. Delvaux and V. Bertrand, lawyers,
                                                                            with an address for service in Luxembourg, against Council of
                    (Language of the case: English)                         the European Union (Agents: F. van Craeyenest, M. Arpio
                                                                            Santacruz and J. Stuyck) — application for, first of all,
                                                                            annulment of the Decision of the Council of 12 April 2000 to
                                                                            award to Entreprises Louis de Waele the contract for invitation
                                                                            to tender No 107865 issued on 30 July 1999 (OJ S 146) for
                                                                            the refitting and general maintenance of the Council’s buildings
In Case T-57/00, Banan-Kompaniet AB, established in Stock-                  and, second, compensation for the damage allegedly suffered
holm (Sweden), Skandinaviska Bananimporten AB, established                  by the applicant as a result of the Council’s conduct — the
in Arsta (Sweden), represented by B. O’Connor, Solicitor, with              Court of First Instance (Fifth Chamber), composed of
an address for service in Luxembourg, v Council of the                      J.D. Cooke, President, and R. García-Valdecases and P. Lindh,
European Union (Agents: S. Marquardt and J.-P. Hix) and                     Judges; D. Christensen, Administrator, for the Registrar, has
Commission of the European Communities (Agents: initially                   given a judgment on 25 February 2003, in which it:
P. Oliver and C. Van der Hauwaert, then L. Visaggio and K.
Fitch): Application for compensation for the damage allegedly               1.     Dismisses the application;
suffered by the applicants by reason of the introduction of the
export licence scheme by Council Decision 94/800/EC of                      2.     Orders the applicant to bear its own costs and those of the
22 December 1994 concerning the conclusion on behalf of                            Council.
the European Community, as regards matters within its
competence, of the agreements reached in the Uruguay Round                  (1 ) OJ C 273 of 23.9.00.
multilateral negotiations (1986-1994) (OJ 1994 L 336, p. 1)
and by Commission Regulation (EC) No 478/95 of 1 March
1995 on additional rules for the application of Council
Regulation (EEC) No 404/93 as regards the tariff quota
arrangements for imports of bananas into the Community and
amending Regulation (EEC) No 1442/93 (OJ 1995 L 49, p. 13),                      JUDGMENT OF THE COURT OF FIRST INSTANCE
the Court of First Instance (Fifth Chamber), composed of:
J.D. Cooke, President, R. García-Valdecasas and P. Lindh,                                            of 11 March 2003
Judges; J. Palacio González, Principal Administrator, Registrar,
has given a judgment on 6 March 2003, in which it:                          in Case T-186/00: Conserve Italia Soc. Coop. rl v Com-
                                                                                       mission of the European Communities (1)
1.     Dismisses the application;                                           (Agriculture — Guidance Section of the European Agricul-
                                                                            tural Guidance and Guarantee Fund — Discontinuance of
                                                                            financial aid — Article 24 of Regulation (EEC) No 4253/88
2.     Orders the applicants to bear their own costs and to pay those           — Principle of proportionality — Statement of reasons)
       of the Council and the Commission.
                                                                                                      (2003/C 112/49)
( 1) OJ C 135 of 13.05.2000.
                                                                                                (Language of the case: Italian)
                                                                            In Case T-186/00: Conserve Italia Soc. Coop. rl, established in
                                                                            San Lazzaro di Savena (Italy), represented by M. Averani,