CELEX: C2001/317/65
Language: en
Date: 2001-11-10 00:00:00
Title: Case T-211/01: Action brought on the 17 September 2001 by Rica Foods (Free Zone) N.V. against Commission of the European Communities

10.11.2001             EN                    Official Journal of the European Communities                                         C 317/33
Since the complaint through official channels was unsuccess-            3.    order the Commission to pay the costs.
ful, the applicant brought the present action, in which he
submits:
—     Breach of the Staff Regulations, and in particular                Pleas in law and main arguments
      Articles 25, paragraph 2, 62, paragraph 3, and 85 of
      Article 1(3) of Annex VII to those Regulations and
      Article 46 of Annex VIII;                                         The applicant produces sugar and sugar/cocoa mixtures in
                                                                        Aruba. Aruba is part of the Overseas Countries and Territories
—     Failure to take account of general principles of law, such        (OCT). The sugar and the sugar/cocoa mixtures produced by
      as the principle of sound administration, protection of           the applicant have OCT originating status as a result of the
      legitimate expectations, legal certainty, and the principles      EC/OCT and ACP/OCT accumulation and can be imported
      which require the Appointing Authority to take a decision         free of duty into the EC.
      only on the basis of relevant reasons which are not
      marred by errors of fact or law.
                                                                        By virtue of Commission Regulation 1325/2001 of 29 June
                                                                        2001 (1) as amended by Commission Regulation
                                                                        No 1476/2001 of 18 July 2001, (2) a quota of 4 848 tonnes of
                                                                        sugar was introduced for the period from 1 July to 1 December
                                                                        2001.
                                                                        The applicant submits that the contested regulation infringes
Action brought on the 17 September 2001 by Rica Foods                   Article 109 of the OCT Decision. When considering whether
(Free Zone) N.V. against Commission of the European                     to take the safeguard measures the Commission relied on
                          Communities                                   incorrect facts. The difficulties to which the Commission refers
                                                                        are not difficulties within the meaning of Article 109 of the
                                                                        OCT Decision. Moreover, the Commission has failed to
                        (Case T-211/01)
                                                                        demonstrate the causal link between those difficulties and the
                                                                        deterioration in the situation of an economic sector in the
                        (2001/C 317/65)                                 Community. The applicant states, further, that the import of
                                                                        sugar and sugar/cocoa mixtures from the OCT has no effect
                                                                        on those difficulties.
                   (Language of the case: Dutch)
                                                                        The applicant also alleges infringement of the principle of
An action against the Commission of the European Communi-
                                                                        proportionality, infringement of Articles 3 and 182 to 184 of
ties was brought before the Court of First Instance of the
                                                                        the EC Treaty. The contested regulation does not take into
European Communities on 17 September 2001 by Rica Foods
                                                                        account the privileged position which those articles accord to
(Free Zone) N.V., of Oranjestad (Aruba), represented by Gerard
                                                                        the OCT.
van der Wal, lawyer, The Hague (Netherlands).
                                                                        The applicant also submits that Regulation 2553/97, to the
The applicant claims that the Court should:                             which the contested regulation refers is unlawful. Finally, the
                                                                        applicant alleges abuse of discretion by the Commission and
1.    annul Regulation 1325/2001;                                       failure to state reasons for the contested regulation.
2.    hold the Community liable for the damage caused to the
      applicant by virtue of the fact that since 1 July 2001            (1) Commission Regulation (EC) No 1325/2001 of 29 June 2001
      the import of the products referred to in Regulation                  providing for the continued application of safeguard measures
                                                                            with regard to imports of sugar sector products with EC/OCT
      1325/2001 has been prevented or restricted as a conse-
                                                                            originating status from the Overseas Countries and Territories for
      quence of that regulation and order that the parties shall            the period 1 July to 1 December 2001 (OJ L 177, 30.6.2001,
      agree on the extent of the damage suffered by the                     p. 57 to 59).
      applicant and that, failing agreement thereon, the pro-           (2) Commission Regulation (EC) No 1476/2001 of 18 July 2001
      ceedings shall be resumed within a period to be specified             amending Regulation (EC) No 1325/2001 as regards safeguard
      by the Court in order to determine the extent of the                  measures with regard to imports from the Overseas Countries and
      damage, and order the Community to pay the interim                    Territories of mixtures of sugar and cocoa with ACP/OCT
      estimated damage and damage yet to be estimated; in the               originating status for the period 1 July to 1 December 2001 (OJ
      further alternative order the Community to pay the                    L 195, 19.7.2001, p. 29 to 30).
      damages to be determined by the Court, plus interest of
      8 % per annum from the date of the application until the
      date of payment in full;