CELEX: C2000/006/44
Language: en
Date: 2000-01-08 00:00:00
Title: Case T-216/99: Action brought on 30 September 1999 by Ter Huurne's Handelsmaatschappĳ B.V. against the Commission of the European Communities

C 6/24                 EN                    Official Journal of the European Communities                                      8.1.2000
The applicant claims that the Court should:                             Action brought on 30 September 1999 by Anton Dürbeck
                                                                        GmbH against the Commission of the European Com-
— annul the Commission’s decision (C(1999) 2539 final) (1)                                           munities
    of 20 July 1999 concerning State aid granted by the
    Netherlands to 633 service stations in the region bordering
    Germany, and order that no demand for repayment should                                       (Case T-218/99)
    be made;
— alternatively, decide the matter in such way as the Court                                       (2000/C 6/45)
    shall consider to be fair and reasonable;
— order the Commission to pay the costs.
                                                                                           (Language of the Case: German)
Pleas in law and main arguments
                                                                        An action against the Commission of the European Communi-
The pleas in law and main arguments are the same as in Case             ties was brought before the Court of First Instance of the
T-210/99.                                                               European Communities on 30 September 1999 by Anton
                                                                        Dürbeck GmbH, Frankfurt am Main, Germany, represented by
                                                                        Gert Meier, Rechtsanwalt, Berrenrather Strasse 313, Cologne.
(1) OJ L 280 of 30.10.1999, p. 87.
                                                                        The applicant claims that the Court should:
                                                                        1. annul, on the ground of infringement of the Treaty, the
                                                                             Commission decision of 28 July 1999 on the adoption of
Action brought on 30 September 1999 by Ter Huurne’s                          transitional measures in favour of A. Dürbeck within the
Handelsmaatschappij B.V. against the Commission of the                       framework of the common organisation of the market in
                    European Communities                                     bananas;
                        (Case T-216/99)
                                                                        2. order the Commission to pay the costs.
                          (2000/C 6/44)
                   (Language of the Case: Dutch)                        Pleas in law and main arguments
An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the              By the contested decision, the Commission refused to award
European Communities on 30 September 1999 by Ter Huur-                  the applicant additional licences for the import of
ne’s Handelsmaatschappij B.V., of Haaksbergen (Netherlands),            25 000 tonnes of bananas from third countries because a case
represented by H.C. van der Sijs, of the Enschede Bar, with an          of hardship was not present, the applicant’s current situation
address for service in Luxembourg at the Registry of the Court          was already to be regarded as balanced and that situation
of First Instance, Kirchberg.                                           could, moreover, have been foreseen.
The applicant claims that the Court should:
                                                                        The applicant complains that Article 30 of Regulation
— annul the Commission’s decision (C(1999) 2539 final) (1)              No 404/93 (1) has been infringed.
    of 20 July 1999 concerning State aid granted by the
    Netherlands to 633 service stations in the region bordering
    Germany;                                                            According to the applicant, the hardship to be offset consists
                                                                        in its inability to import the bananas covered by the contract
— order the Commission to pay the costs.                                which it concluded in 1991 with the enterprise Consultban in
                                                                        Machala, Ecuador for the weekly marketing of 100 000 to
                                                                        150 000 crates of bananas. It has also lost licences in respect
Pleas in law and main arguments                                         of 14 312 tonnes of bananas as a result of the change in
                                                                        the reference period pursuant to Article 4(2) of Regulation
The pleas in law and main arguments are the same as in Case             No 2362/98 (2). The ensuing loss of 75 % of its import rights
T-210/99.                                                               has caused the applicant serious difficulties and has practically
                                                                        meant its elimination from the market. The loss amounts to
                                                                        DM 3 578 000, that is to say double its share capital. Under
(1) OJ L 280 of 30.10.1999, p. 87.
                                                                        Article 30 of Regulation No 404/93 the defendant is obliged
                                                                        to compensate for the hardship which has been caused by
                                                                        Regulation No 2362/98.