CELEX: C2002/109/83
Language: en
Date: 2002-05-04 00:00:00
Title: Judgment of the Court of First Instance of 6 December 2001 in Case T-43/98: Emesa Sugar (Free Zone) NV v Council of the European Union (Association arrangements for overseas countries and territories — Decision 97/803/EC — Sugar imports — Action for annulment — Action for compensation — Admissibility — Irreversible nature of the experience acquired — Principle of proportionality — Legal certainty)

C 109/42                EN                      Official Journal of the European Communities                                         4.5.2002
                                                          COURT OF FIRST INSTANCE
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                    JUDGMENT OF THE COURT OF FIRST INSTANCE
                       of 6 December 2001
                                                                                                    29 January 2002
in Case T-43/98: Emesa Sugar (Free Zone) NV v Council
                    of the European Union (1)
                                                                           in Cases T-160/98: Firma Léon Van Parys NV and Pacific
                                                                           Fruit Company NV v Commission of the European Com-
(Association arrangements for overseas countries and terri-                                            munities (1)
tories — Decision 97/803/EC — Sugar imports — Action
for annulment — Action for compensation — Admissibility
— Irreversible nature of the experience acquired — Principle
                                                                           (Bananas — Common organisation of the markets — Action
              of proportionality — Legal certainty)
                                                                           for annulment — Admissibility — Reduction in reference
                                                                                                        quantities)
                          (2002/C 109/83)
                                                                                                    (2002/C 109/84)
                    (Language of the case: Dutch)
                                                                                               (Language of the case: Dutch)
In Case T-43/98: Emesa Sugar (Free Zone) NV, established in
Oranjestad (Aruba), represented by G. van der Wal, lawyer,
with an address for service in Luxembourg, against Council of
the European Union (Agents: J. Huber and G. Houttuin),
supported by Commission of the European Communities
(Agent: T. van Rijn), Kingdom of Spain (Agents: M. López-                 In Case T-160/98, Firma Léon Van Parys NV, established in
Monis Gallego and R. Silva de Lapuerta) and French Republic                Antwerp (Belgium), Pacific Fruit Company NV, established in
(Agent: K. Rispal-Bellanger) — application for annulment of                Antwerp, represented by P. Vlaemminck, L. Van den Hende
Council Decision 97/803/EC of 24 November 1997 amending                    and J. Holmens, lawyers, with an address for service in
at mid-term Decision 91/482/EEC on the association of the                  Luxembourg, v Commission of the European Communities
overseas countries and territories with the European Economic              (agents: H. van Vliet and L. Visaggio): Application for the
Community (OJ 1997 L 329, p. 50), and an application for                   annulment of a decision allegedly taken by the Commission
compensation — the Court of First Instance (Third Chamber),                between 12 March 1998 and 5 August 1998 reducing the
composed of J. Azizi, President, K. Lenaerts and M. Jaeger,                quantity of bananas marketed by the applicants in 1996 and
Judges; J. Plingers, Administrator, gave a judgment on                     taken into account in determining their reference quantity for
6 December 2001, in which it:                                              1998, Court of First Instance of the European Communities
                                                                           (Fifth Chamber), composed of: P. Lindh, President, R. Garcı́a-
                                                                           Valdecasas and J.D. Cooke, Judges; H. Jung, Registrar, has given
                                                                           a judgment on 29 January 2002, in which it:
1.    Dismisses the action;
2.    Orders the applicant to bear its own costs and in addition to        1.    Declares the action inadmissible;
      pay the costs incurred by the Council, including those relating
      to the proceedings for interim relief;
                                                                           2.    Orders the applicants to bear their own costs and those of the
3.    Orders the interveners to bear their own costs.                            Commission.
(1) OJ C 151 of 16. 5. 1998.                                               (1) OJ C 378 of 5.12.1998.