CELEX: C1997/357/59
Language: en
Date: 1997-11-22 00:00:00
Title: Action brought on 16 September 1997 by Anton Dürbeck GmbH against the Commission of the European Communities (Case T-252/97)

22 . 11 . 97          IEN |                 Official Journal of the European Communities                                        C 357/31
By the decision of 9 July 1997 which is now being                      Pleas in law and main arguments adduced in support:
challenged, the Commission refused the application made
by the applicant on 16 December 1996 .
                                                                       By the contested decision, the application made by the
                                                                       applicant for the award of additional licences to import
The applicant relies on a number of incidents (colapse of              bananas within the framework of the customs quota,
businesses, criminal activities) with South American                   pursuant to Article 30 of Regulation (EEC ) No 404/93 ('),
contractual partners or potential contractual partners                 was granted only in part.
which, it contends, amount to force majeure and justify
the adoption of arrangements to cater for a case of
hardship, in accordance with the case-law of the Court of              In 1991 , the applicant had concluded a long-term contract
Justice (2). Furthermore, the applicant had concluded a                with an Ecuadorian undertaking. That contract contains a
preliminary contract in November 1991 with a South                     guarantee by the applicant as regards the difference with
American undertaking. At that time it was not to be                    the official producer prices in Ecuador and an obligation
envisaged that the external trade rules of the Community               on it to pay to its contractual partner compensation of up
system for bananas would consist of quota rules with                   to US $ 1 million, if it terminates the contract before the
favourable tariffs . The applicant should not under any                agreed date on grounds other than those provided for in
circumstances have had to anticipate a flagrant                        the contract. A restriction on imports was not agreed as a
infringement of the GATT, as was established by the                    ground for termination since, at that time, the parties to
GATT Panel in January 1994. It could have expected that                the agreement still did not have any idea of the structure
it would not be impeded when it marketed in the                        of an EC market organization for bananas. In particular,
Community through quotas the quantities contracted for                 the applicant should have been able to assume that a
with its contractual partner.                                          future EC market organization for bananas would comply
                                                                       with the GATT and, at any rate, that the quantities
                                                                       contracted for would be allowed to be marketed in the
(') OJ L 47, 25 . 2 . 1993 , p . 1 .
(2 ) Case C-68/95 T. Port v. Bundesanstalt für Landwirtschaft und      Community unhindered by quotas.
     Ernährung [ 1996] ECR 1-6065 .
                                                                       The applicant contends that its inability to import the
                                                                       bananas into the Community because it does not have an
                                                                       import licence amounts to a circumstance which satisfies
                                                                       all the preconditions for the adoption of arrangements to
                                                                       cater for a case of hardship.
Action brought on 16 September 1997 by Anton Diirbeck
        GmbH against the Commission of the European
                             Communities                               The applicant challenged, in addition to the part of the
                          ( Case T-252/97)
                                                                       decision refusing the grant of the licences, the provision
                                                                       under which the licences granted on grounds of hardship
                            ( 97/C 357/59 )                            are not to be taken into account in calculating its
                                                                       reference quantities for future years. The contested
                 (Language of the case: German)                        decision adopted by the Commission not only infringes
                                                                       Article 30 of Regulation No 404/93 as interpreted by the
                                                                       Court of Justice in its case-law ( 2 ) but also constitutes a
An action against the Commission of the European                       misuse of powers.
Communities was brought before the Court of First
Instance of the European Communities on 16 September
                                                                       (') OJ L 47, 25 . 2 . 1997, p . 1 .
 1997 by Anton Diirbeck GmbH, Frankfurt am Main,                        ( 2 ) Case C-68/95 T. Port v. Bundesanstalt für Landwirtschaft und
represented by Gert Meier, Rechtsanwalt, Cologne, with                        Ernährung [ 1996] ECR 1-6065 .
an address for service in Luxembourg at the Chambers of
Marc Baden, 24 Rue Marie-Adelaide .
The applicant claims that the Court should:
— annul, on the grounds of infringement of the Treaty                  Action brought on 19 September 1997 by Fruchthandels­
      and misuse of powers, the decision of the Commission             gesellschaft mbH Chemnitz against the Commission of the
      of 10 July 1997 on the adoption of transitional                                         European Communities
      measures in favour of A. Diirbeck under the common
                                                                                                 (Case T-254/97)
      organization of the market in bananas in so far as,
      pursuant to Article 1 ( 6 ) of the decision, the licences                                    ( 97/C 357/60 )
      granted on grounds of hardship are not to be taken
      into account in calculating the applicant's reference
      quantities for future years and, under Article 2, the                              (Language of the case: German)
      further applications made by the applicant on
      24 December 1996 were rejected,
                                                                        An action against the Commission of the European
                                                                        Communities was brought before the Court of First
 — order the Commission to pay the costs.                               Instance of the European Communities on 19 September