CELEX: C2001/227/48
Language: en
Date: 2001-08-11 00:00:00
Title: Case T-108/01: Action brought on 10 May 2001 by Free Trade Foods N.V. v Commission of the European Communities

11.8.2001              EN                     Official Journal of the European Communities                                         C 227/25
Action brought on 10 May 2001 by Free Trade Foods N.V.                         17 December 1997 (2) whose provisions the contested
        v Commission of the European Communities                               regulation also declares applicable.
                         (Case T-108/01)
                                                                         (1) Commission Regulation (EC) No 396/2001 providing for the
                                                                             continued application of safeguard measures for imports from the
                         (2001/C 227/48)                                     overseas countries and territories of sugar sector products with
                                                                             EC/OCT cumulation of origin for the period 1 March to 30 June
                                                                             2001, OJ L 058 of 28.2.2001, pp. 13 to 15.
                                                                         (2) Commission Regulation (EEC) No 2553/97 of 17 December 1997
                    (Language of the case: Dutch)                            on rules for issuing the import licences for certain products
                                                                             covered by CN codes 1701, 1702, 1703and 1704 and qualifying
                                                                             as CP/OCT originating products, OJ 349 of 19.12.1997, pp. 26
An action against the Commission of the European Communi-
                                                                             to 30.
ties was brought before the Court of First Instance of the
European Communities on 10 May 2001 by Free Trade Foods
N.V., whose registered office is at Curação (Dutch Antilles),
represented by M. Slotboom and N.J. Helder, Lawyers, Rot-
terdam.
The applicant claims that the Court should:
1)    Annul Regulation No 396/2001 of 27 February 2001                   Action brought on 18 May 2001 by Fleuren Compost N.V
      [providing for the continued application of safeguard                      v Commission of the European Communities
      measures for imports from the overseas countries and
      territories of sugar sector products with EC/OCT cumu-
      lation of origin for the period 1 March to 30 June 2001];                                   (Case T-109/01)
2)    declare that the Community is liable for the damage                                         (2001/C 227/49)
      suffered by Free Trade Foods N.V. as a result of Regulation
      No 396/2001 of 27 February 2001;
3)    order the Commission to pay the costs.                                                (Language of the case: Dutch)
                                                                         An action against the Commission of the European Communi-
                                                                         ties was brought before the Court of First Instance of the
Pleas in law and main arguments
                                                                         European Communities on 18 May 2001 by Fleuren Compost
                                                                         N.V., whose registered office is at Middelharnis (Netherlands),
                                                                         represented by Jules Stuyck, Lawyer, Brussels.
Free Trade Foods N.V. owns a sugar factory on Curação which
is geared to the processing of C-sugar originating in the
Community and which acquires OCT origin pursuant to                      The applicant claims that the Court should:
EC/OCT cumulation. That sugar can then be imported into the
Community free of duty.                                                  —     Annul the Commission Decision of 13 December 2000
                                                                               concerning the aid scheme which the Kingdom of the
                                                                               Netherlands has established in favour of six manure
However, pursuant to the Fourth Safeguard Measure (Com-                        processing undertakings, at least in so far as it relates to
mission Regulation No 396/2001 of 27 February 2001 (1)) a                      the applicant;
quota of 3 878 tons applies.
                                                                         —     Order the Commission to pay the costs of the proceed-
                                                                               ings.
In support of its application the applicant submits the
following pleas:
—     infringement of Article 109 of the OCT Decision;                   Pleas in law and main arguments
—     infringement of the precedence established in the EC               The applicant has received, as a manure processing factory,
      Treaty in favour of OCT goods;                                     subsidies from the Netherlands authorities in the framework,
                                                                         according to the applicant, of the Bijdrageregeling Proefprojec-
—     infringement of Article 7(5) of the agreement on safe-             ten Mestverwerking (BPM) [contribution scheme for manure
      guard measures concluded in the context of the WTO,                processing pilot projects]. However, in Decision C(2000)4070
      and of Article 300(7) EC;                                          of 13 December 2000 addressed to the Netherlands authorities,
                                                                         the Commission requested recovery of the subsidy paid to the
—     unlawfulness of Commission Regulation No 2553/97 of                applicant and a number of other undertakings.