CELEX: C2000/135/40
Language: en
Date: 2000-05-13 00:00:00
Title: Case T-47/00: Action brought on 25 February 2000 by Rica Foods (Free Zone) NV against the Commission of the European Communities

C 135/22               EN                     Official Journal of the European Communities                                    13.5.2000
The applicant alleges:                                                   — misuse of powers: the importation of EU/OCT sugar and
                                                                             mixtures from the OCTs arises directly from the OCT
— infringement of the rights of defence and the principle of                 decision, and is a result intended by the Council;
    open administration;
                                                                         — the declaration that Article 308d of Regulation
— infringement of the procedural rules laid down in Articles                 No 2454/93 is applicable is incompatible with Article 109
    5 and 6 of Regulation (EC) No 2943/95;                                   of the OCT decision.
— infringement of the principle of proportionality;
— misuse of power.
                                                                         Action brought on 1 March 2000 by British Steel Limited
                                                                           against the Commission of the European Communities
Action brought on 25 February 2000 by Rica Foods (Free
Zone) NV against the Commission of the European                                                   (Case T-48/00)
                           Communities
                                                                                                 (2000/C 135/41)
                          (Case T-47/00)
                         (2000/C 135/40)                                                    (Language of the case: English)
                                                                         An action against the Commission of the European Communi-
                    (Language of the case: Dutch)                        ties was brought before the Court of First Instance of the
                                                                         European Communities on 1 March 2000 by British Steel
An action against the Commission of the European Communi-                Limited, represented by John Pheasant and Matthew Readings,
ties was brought before the Court of First Instance of the               Solicitors, with an address for service in Luxembourg at the
European Communities on 25 February 2000 by Rica Foods                   Chambers of Arendt & Medernach, 8-10 rue Mathias Hardt.
(Free Zone) NV, a company incorporated under the laws of
Aruba, established in Oranjestad, Aruba, represented by G. van
                                                                         The applicant claims that the Court should:
der Wal, Advocaat with a right of audience before the
Hoge Raad der Nederlanden, with an address for service in
Luxembourg at the Chambers of A. May, 398 Route d’Esch.                  — annul Article 2 of the Commission decision of 8 December
                                                                             1999, C(1999) 4154 final;
The applicant claims that the Court should:
                                                                         — annul Article 1 of this decision;
— annul Commission Regulation (EC) No 2423/1999 of
    15 November 1999 introducing safeguard measures in                   — annul the fine imposed in respect of Article 1;
    respect of sugar falling within CN code 1701 and mixtures
    of sugar and cocoa falling within CN codes 1806 10 30                — in the alternative, reduce the fine imposed in respect of
    and 1806 10 90 originating in the overseas countries and                 Article 1;
    territories (OJ 1999 L 294, p. 11);
                                                                         — order the Commission to repay the fine or, in the
— order the Commission to pay the costs.                                     alternative, the amount by which it is reduced together
                                                                             with interest on the whole or, as the case may be, such
                                                                             amount by which it is reduced from the date of payment by
Pleas in law and principal arguments                                         British Steel to the date of repayment by the Commission;
— Regulation No 2423/1999 is incomprehensible; at any                    — order the Commission to pay British Steel’s costs in these
    rate, it contains an insufficient statement of reasons: in               proceedings.
    support of the safeguard measures, the Commission cites
    difficulties in respect of which no details are given;
                                                                         Pleas in law and main arguments
— manifest errors with regard to the facts;
— the fixing of a minimum price for imports of EU/OCT                    In the contested decision the Commission held that several
    sugar from the OCTs constitutes an infringement of Article           producers of seamless steel tubes infringed Article 81 (1) EC
    109(1) and (2) of the OCT decision;                                  and imposed a fine, inter alia, on the applicant.