CELEX: C2001/303/41
Language: en
Date: 2001-10-27 00:00:00
Title: Case T-202/01: Action brought on 30 August 2001 by Free Trade Foods NV against the Commission of the European Communities

C 303/26                EN                     Official Journal of the European Communities                                      27.10.2001
The applicant claims that the Commission, when exercising its                   continue with a view to determining the quantum of the
discretion, did not take account of the fact that another firm                  damage, and order the Community in any event to pay
obtains or strengthens a dominant position in specific areas of                 the damages provisionally quantified and yet to be
glass manufacture if the applicant disappears from the market.                  quantified, alternatively order the Community to pay
That is a manifest error of appraisal and therefore an infringe-                such compensation as the Court may deem fair and
ment of Article 87(3)(c) EC. Moreover, the Commission took                      equitable, together with interest thereon from the date of
a restructuring plan as a basis which it knew to be no longer                   the application until payment in full;
current.
                                                                          (3) order the Commission to pay the costs.
Finally, the applicant complains of infringement of the appli-
cant’s right to a fair hearing, of its rights of defence, of the
principle of good administration, of the duty to state reasons
(Article 253 EC) and of Article 20(1) of Regulation                       Pleas in law and main arguments
No 659/1999 (1).
                                                                          The applicant has a sugar refinery in Curaçao which is used
(1) Council Regulation (EC) No 659/1999 of 22 March 1999 laying           for processing C sugar from the European Community. That
    down detailed rules for the application of Article 93 of the EC       sugar obtains OCT origin under the EC/OCT cumulation of
    Treaty (OJ L 83, p. 1).                                               origin rule, and can be imported into the Community duty-
                                                                          free.
                                                                          By Regulation 1325/2001 of 29 June 2001 (1) (the Fifth
                                                                          Safeguard Measure), amended by Commission Regulation
                                                                          1476/2001 of 18 July 2001 (2), a quota of 4 848 tonnes was
                                                                          fixed for the period 1 July to 1 December 2001.
Action brought on 30 August 2001 by Free Trade Foods
NV against the Commission of the European Communities                     The applicant puts forward the following pleas in law in
                                                                          support of its claims:
                           (Case T-202/01)
                                                                          —     infringement of Article 109 of the OCT decision;
                          (2001/C 303/41)
                                                                          —     infringement of the order of preference established by the
                                                                                EC Treaty in favour of OCT goods;
                    (Language of the case: Dutch)
                                                                          —     infringement of Article 7(5) of the Agreement on Safe-
                                                                                guards concluded within the framework of the WTO, and
An action against the Commission of the European Communi-                       of Article 33(7) EC;
ties was brought before the Court of First Instance of the
European Communities on 30 August 2001 by Free Trade                      —     illegality of Regulation 2553/97, the provisions of which
Foods NV, established in Curaçao (Dutch West Indies), rep-                      have been declared applicable by the contested regulation.
resented by M.M. Slotboom and N.J. Helder, lawyers.
The applicant claims that the Court should:                               (1) Commission Regulation (EC) No 1325/2001 of 29 June 2001
                                                                              providing for the continued application of safeguard measures
                                                                              with regard to imports of sugar sector products with EC/OCT
(1) annul Regulation 1325/2001 of 29 June 2001 introdu-                       originating status from the overseas countries and territories for
      cing safeguard measures for imports from the overseas                   the period 1 July to 1 December 2001 (OJ L 177 of 30 June 2001,
      countries and territories of sugar sector products with                 p. 57).
      EC/OCT cumulation of origin;                                        (2) Commission Regulation (EC) No 1476/2001 of 18 July 2001
                                                                              amending Regulation (EC) No 1325/2001 as regards safeguard
                                                                              measures with regard to imports from the overseas countries
(2) rule that the Community is liable for the damage suffered                 and territories of mixtures of sugar and cocoa with ACP/OCT
      by the applicant as a result of the Fifth Safeguard Measure,            originating status for the period 1 July to 1 December 2001 (OJ
      and that the parties should seek to reach agreement on                  L 195 of 19 July 2001, p. 29).
      the extent of the damage suffered by the applicant, and
      order that, if no such agreement is reached within a time-
      limit to be specified by the Court, the proceedings are to