CELEX: C1999/071/67
Language: en
Date: 1999-03-13 00:00:00
Title: Action brought on 4 January 1999 by O.G.T. Fruchthandelsgesellschaft against the Commission of the European Communities (Case T-4/99)

C 71/36              EN               Official Journal of the European Communities                                 13.3.1999
4. order interest of 4 % on the applicant's claims for           2. order the Commission to compensate the applicant in
    damages, as from the commencement of proceedings;                kind for its loss by issuing import licences;
5. order the Council to pay the costs of the dispute;
                                                                 3. order the Commission to pay the costs.
In the alternative:
                                                                 Pleas in law and main arguments adduced in support:
5. order the Council to compensate the applicant for the
    above-mentioned losses suffered by it since
                                                                 According to the applicant, the Commission has, on
    8 September 1997;
                                                                 several occasions following tropical storm damage, opened
                                                                 additional import quotas for bananas by means of
                                                                 tropical storm regulations'.
Further in the alternative:
6. order the Council to compensate the applicant for the         The applicant, which is a traditional importer of bananas
    above-mentioned losses suffered by it since                  and a Category A operator within the meaning of
    25 September 1997.                                           Regulation (EEC) No 404/93, states that it has repeatedly
                                                                 applied to the competent German authorities, without
                                                                 success, for an allocation out of such quotas (9 000 tonnes
Pleas in law and main arguments adduced in support:              in total, of which 6 000 tonnes in respect of the 1995 and
                                                                 1996 quotas). Although it brought national legal
                                                                 proceedings against each refusal decision, its applications
The pleas in law and main arguments are the same as in           were either dismissed or withdrawn, since the German law
Case T-2/99.                                                     of administrative procedure did not permit further
                                                                 proceedings (claim for damages as a result of official
                                                                 liability). The applicant considers that its remedy in
                                                                 damages lies rather with the Court of First Instance of the
                                                                 European Communities.
Action brought on 4 January 1999 by O.G.T. Fruchthan-            By a decision of 29 April 1997, in a disputes resolution
delsgesellschaft against the Commission of the European          procedure, the WTO Panel stated that the tropical storm
                        Communities                              regulations', with their exclusive award of licences to
                                                                 Community and ACP producers, producer organisations
                        (Case T-4/99)                            and operators, would conflict, inter alia, with the
                       (1999/C 71/67)                            provisions of the GATT and the GATS. In the applicant's
                                                                 submission, the provisions of the GATT have since
                                                                 1 January 1995 taken general precedence over secondary
              (Language of the case: German)                     Community legislation and render Articles 1(2) and 2
                                                                 of the tropical storm regulations' for 1995 and 1996
                                                                 invalid.
An action against the Commission of the European
Communities was brought before the Court of First
Instance of the European Communities on 4 January 1999           The necessary conditions having been met, the applicant
by O.G.T. Fruchthandelsgesellschaft, whose registered            maintains that the Community organs which have enacted
office is in Cologne, represented by Gert Meier, Rechts-         Community law contrary to the GATT are liable to pay
anwalt, Jakordenstraûe 10, Köln.                                 compensation for resulting loss.
The applicant claims that the Court should:
                                                                 In this particular case, the applicant submits that
                                                                 compensation in kind through the issue of import licences,
                                                                 serving as a precedent for the future, is appropriate,
1. order the Commission to compensate the applicant for
                                                                 especially as the value of the tropical storms import
    its loss suffered since 1 January 1995 through not
                                                                 licences not granted is difficult to ascertain. That would
    being granted tropical storms import licences (licences
                                                                 also satisfy the applicant's claims for compensation in
    for the importation of bananas out of the exceptional
    allocations granted by Regulations (EC) Nos 510/95           respect of lost profit.
    of 7 March 1995 (OJ L 51, 8.3.1995, p. 8), 1163/95
    of 25 May 1995, 2358/95 of 6 October 1995, 127/96
    of 21 January 1996 and 822/96 of 3 May 1996);