CELEX: C2001/161/33
Language: en
Date: 2001-06-02 00:00:00
Title: Judgment of the Court of First Instance of 20 March 2001 in Case T-30/99 Bocchi Food Trade International GmbH v Commission of the European Communities (Bananas — Imports from ACP States and third countries — Calculation of annual quantity allocated — Action for damages — Admissibility — Possibility of relying on WTO rules Misuse of powers — General principles of Community law)

2.6.2001               EN                      Official Journal of the European Communities                                     C 161/15
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                   JUDGMENT OF THE COURT OF FIRST INSTANCE
                       of 7 February 2001                                                         of 20 March 2001
in Case T-186/98: Compañı́a Internacional de Pesca y                     in Case T-30/99 Bocchi Food Trade International GmbH
Derivados, SA (Inpesca) v Commission of the European                            v Commission of the European Communities (1)
                         Communities (1)
                                                                          (Bananas — Imports from ACP States and third countries
(Fisheries — Community financial aid for the construction                 — Calculation of annual quantity allocated — Action for
of fishing vessels — Regulation (EEC) No 4028/86 —                        damages — Admissibility — Possibility of relying on WTO
Request for reconsideration — Substantial new facts —                     rules Misuse of powers — General principles of Community
     Action for annulment and damages — Inadmissible)                                                    law)
                         (2001/C 161/32)                                                           (2001/C 161/33)
                  (Language of the case: Spanish)                                           (Language of the case: German)
In Case T-186/98: Compañı́a Internacional de Pesca y Deriva-             In Case T-30/99 Bocchi Foad Trade International GmbH,
dos, SA (Inpesca), established in Bermeo (Spain), represented             established in Bergisch Gladbach (Germany), represented by
by M.I. Angulo Fuertes and M.B. Angulo Fuertes, abogadas,                 G. Meier, avocat, against Commission of the European Com-
with an address for service in Luxembourg, against Com-                   munities (Agents: K.-D. Borchardt and H. van Vliet) —
mission of the European Communities (Agents: L. Visaggio                  application for compensation for the loss which the applicant
and J. Guerra Fernández) — application for, first, annulment             has allegedly suffered as a result of the Commission introdu-
of the decision allegedly contained in a letter from the                  cing, under Regulation (EC) No 2362/98 of 28 October 1998
Commission dated 16 September 1998 and, second, an order                  laying down detailed rules for the implementation of Council
that the Commission make good the harm allegedly sustained                Regulation (EEC) No 404/93 regarding imports of bananas
by the applicant — the Court of First Instance (Second                    into the Community (OJ L 293, 1998, p. 32.), provisions
Chamber), composed of: J. Pirrung, President, A. Potocki and              which are alleged to conflict with World Trade Organisation
A.W.H. Meij, Judges; H. Jung, Registrar, has given a judgment             (WTO) rules and certain general principles of Community law
on 7 February 2001, in which it:                                          — the Court of First Instance (Fifth Chamber), composed of
                                                                          P. Lindh, President, R. Garcia-Valdecasas and J.D. Cooke,
                                                                          Judges; J. Palacio Gonzalez, Administrator, for the Registrar,
1.    Declares the ‘further observations’ filed by the applicant on       has given a judgment on 20 March 2001, in which it:
      21 July 1999 inadmissible;
                                                                          1.    Dismisses the action;
2.    Dismisses the application;
                                                                          2.    Orders the applicant to pay its own costs and those of the
3.    Orders the applicant to pay the costs.                                    Commission.
(1) OJ C 20 of 23.1.99.                                                   (1) OJ C 86 of 27.3.99.