CELEX: C2000/233/50
Language: en
Date: 2000-08-12 00:00:00
Title: Judgment of the Court of First Instance of 8 June 2000 in Joined Cases T-79/96, T-260/97 and T-117/98: Camar srl and Tico srl v Commission of the European Communities and Council of the European Union (Common organisation of the markets — Bananas — Application for additional import licences — Adjustment of the tariff quota in case of need — Transitional measures)

12.8.2000              EN                     Official Journal of the European Communities                                            C 233/27
                                                        COURT OF FIRST INSTANCE
    JUDGMENT OF THE COURT OF FIRST INSTANCE                              for compensation for, in Case T-79/96, the loss allegedly
                                                                         caused by the Commission’s conduct and, in Cases T-260/97
                                                                         and T-117/98, the loss allegedly suffered following those
                         of 8 June 2000                                  adverse decisions — the Court of First Instance (Fourth
                                                                         Chamber), composed of: R.M. Moura Ramos, President, V. Tiili
                                                                         and P. Mengozzi, Judges; J. Palacio González, Administrator,
in Joined Cases T-79/96, T-260/97 and T-117/98: Camar                    for the Registrar, has given a judgment on 8 June 2000, in
srl and Tico srl v Commission of the European Communi-                   which it:
         ties and Council of the European Union (1)
                                                                         1.    Declares, in Case T-79/96, that the Commission failed to fulfil
                                                                               its obligations under Article 30 of Council Regulation (EEC)
(Common organisation of the markets — Bananas —                                No 404/93 of 13 February 1993 on the common organisation
Application for additional import licences — Adjustment of                     of the market in bananas by failing to take the necessary
  the tariff quota in case of need — Transitional measures)                    measures, within the meaning of that article, vis-à-vis the
                                                                               applicant;
                        (2000/C 233/50)                                  2.    In Case T-260/97, annuls the Commission decision of 17 July
                                                                               1997 rejecting the applicant’s application under Article 30 of
                                                                               Regulation No 404/93;
                  (Language of the case: Italian)                        3.    In Case T-117/98, annuls the Commission decision of
                                                                               23 April 1998 rejecting the applicants’ application under
                                                                               Article 16(3) of Regulation No 404/93;
In Joined Cases T-79/96, T-260/97 and T-117/98, Camar srl,
established in Florence (Italy), the applicant in Cases T-79/96,
                                                                         4.    In Cases T-79/96 and T-117/98, dismisses the claim for
T-260/97 and T-117/98, and Tico srl, established in Padua
                                                                               compensation as inadmissible;
(Italy), the applicant in Case T-117/98, represented by
W. Viscardini Donà, M. Paolin and S. Donà, of the Padua Bar,
with an address for service in Luxembourg at the Chambers of             5.    In Case T-260/97, orders the Commission to pay compensation
E. Arendt, 8-10 Rue Mathias Hardt, the applicant in Case                       for the damage suffered by the applicant as a result of the
T-79/96 being supported by Italian Republic (Agents:                           decision of 17 July 1997 rejecting the applicant’s application
U. Leanza and F. Quadri), against Commission of the European                   under Article 30 of Regulation No 404/93;
Communities (Agents: in Case T-79/96, E. de March, in Case
T-260/97, H. van Vliet and A. Dal Ferro and, in Case                           Directs that the parties give notice to the Court, within a period
T-117/98, F. Ruggeri Laderchi, H. van Vliet and A. Dal Ferro)                  of six months after delivery of this judgment, of the amounts
and Council of the European Union, the defendant in Case                       agreed upon as payable;
T-260/97 (Agents: J.P. Hix and A. Tanca), supported by French
Republic (Agents: in Case T-79/96, C. de Salins and F. Pascal
and, in Case T-260/97, K. Rispal-Bellanger and C. Vasak)                       In default of agreement, they shall forward to the Court, within
— application, first, in Case T-79/96, for a declaration that the              the same time-limit, details of the amounts they claim;
Commission illegally failed to take, on the basis of Article 30
of Council Regulation (EEC) No 404/93 of 13 February 1993                6.    In Cases T-79/96 and T-117/98, orders the Commission to
on the common organisation of the market in bananas                            pay the costs;
(OJ 1993 L 47, p. 1), measures which would have enabled the
applicant to procure supplies of bananas from non-member                 7.    In Case T-260/97, orders the Commission to pay 90 % of the
countries in the circumstances resulting from the civil war in                 costs;
Somalia, in Case T-262/97, application for the annulment
of the Commission decision of 17 July 1997 rejecting the
applicant’s application under Article 30 of that regulation for          8.    In Case T-260/97, orders the Council to pay 10 % of the costs;
the adoption of provisional measures enabling the annual
quantity attributed to it for the issue of import licences for           9.    Orders the Italian Republic and the French Republic to bear
non-traditional ACP bananas to be calculated by reference to                   their own costs.
the quantities marketed by it during 1988, 1989 and 1990,
and, in Case T-117/98, application for the annulment of
the Commission decision of 23 April 1998 rejecting the                   (1) OJ C 233 of 10.8.1996, C 357 of 22.11.1997 and C 327 of
applicants’ application for review, under Article 16(3) of the               24.10.1998.
same regulation, of the tariff quota for imports of bananas for
the first half of 1998, in order to take account of the
consequences of the floods which occurred in Somalia as from
20 October 1997 and, second, in all three cases, application