CELEX: C2005/229/01
Language: en
Date: 2005-09-17 00:00:00
Title: Judgment of the Court (Second Chamber) of 14 July 2005 in Case C-40/03 P: Rica Foods (Free Zone) NV v Commission of the European Communities, Kingdom of the Netherlands, Kingdom of Spain (Appeal — Arrangements for association of the overseas countries and territories — Imports of sugar and mixtures of sugar and cocoa — Regulation (EC) No 2081/2000 — Safeguard measures — Article 109 of the OCT Decision — Commission's power of assessment — Principle of proportionality — Reasons)

17.9.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 229/1
            
         
      JUDGMENT OF THE COURT
   
   (Second Chamber)
   of 14 July 2005
   in Case C-40/03 P: Rica Foods (Free Zone) NV v Commission of the European Communities, Kingdom of the Netherlands, Kingdom of Spain (1)
   
   (Appeal - Arrangements for association of the overseas countries and territories - Imports of sugar and mixtures of sugar and cocoa - Regulation (EC) No 2081/2000 - Safeguard measures - Article 109 of the OCT Decision - Commission's power of assessment - Principle of proportionality - Reasons)
   (2005/C 229/01)
   Language of the case: Dutch
   In Case C-40/03 P: appeal under Article 49 of the EC Statute of the Court of Justice, lodged on 29 January 2003 — Rica Foods (Free Zone) NV, established in Oranjestad (Aruba), (lawyer: G. van der Wal), the other parties to the proceedings being: Commission of the European Communities (Agent: T. van Rijn), Kingdom of the Netherlands (Agent: H. Sevenster), Kingdom of Spain (Agents: N. Díaz Abad and D. Miguel Muñoz Pérez) — the Court (Second Chamber), composed of C. W. A. Timmermans, President of the Chamber, R. Silva de Lapuerta, R. Schintgen (rapporteur), G. Arestis and J. Klučka, Judges; P. Léger, Advocate General; M. Ferreira, Principal Administrator, for the Registrar, gave a judgment on 14 July 2005, in which it:
   
               1)
            
            
               Dismisses the appeal;
            
         
               2)
            
            
               Orders Rica Foods (Free Zone) NV to pay the costs;
            
         
               3)
            
            
               Orders the Kingdom of the Netherlands and the Kingdom of Spain to bear their own costs.
            
         
      (1)  OJ C 146 of 21.06.2003.