CELEX: C2000/176/45
Language: en
Date: 2000-06-24 00:00:00
Title: Case T-94/00: Action brought on 18 April 2000 by Rica Foods (Free Zone) NV against the Commission of the European Communities

C 176/26              EN                     Official Journal of the European Communities                                       24.6.2000
— Infringement of the right of operators to use their reference         Pleas in law and main arguments
    quantity to the full, as an expression of the fundamental
    right of property and free enterprise.
                                                                        In Regulation No 465/2000 the Commission states that the
— Infringement of the principle of non-discrimination, in so            import of sugar and mixtures of sugar and cocoa originating
    far as the Commission created supply conditions for                 in the overseas countries and territories has been increasing
    operators importing ACP bananas that were more favour-              greatly since 1997, particularly those products with EC/OCT
    able than those for traditional operators importing bananas         cumulation of origin.
    from third countries.
                                                                        According to the Commission, in recent years difficulties have
(1) OJ L 47, 25.2.1993, p. 1.                                           arisen on the Community sugar market. There is a surplus
(2) OJ L 293, 31.10.1998, p. 32.
                                                                        on that market. The operation of the Community market
                                                                        organisation may be greatly destabilised by those difficulties.
                                                                        For that reason it is planned to reduce the production quotas
                                                                        in the Community. The greater the import, the lower the
                                                                        production quota. The Commission has therefore decided to
                                                                        permit the EC/OCT cumulation of origin for products for a
                                                                        maximum of 3 340 tonnes (Article 1 of Regulation No
                                                                        465/2000).
Action brought on 18 April 2000 by Rica Foods (Free
Zone) NV against the Commission of the European
                          Communities                                   The applicant states that it has had to restrict its activities
                                                                        considerably and has had to cease completely from futures
                                                                        contracts.
                         (Case T-94/00)
                        (2000/C 176/45)                                 In support of its action it submits inter alia the following pleas:
                                                                        — breach of Article 109 of the OCT Decision:
                   (Language of the case: Dutch)
An action against the Commission of the European Communi-                    — factual incorrectness of the considerations on which
ties was brought before the Court of First Instance of the                       the Commission based its decision;
European Communities on 18 April 2000 by Rica Foods (Free
Zone) NV, whose registered office is at Oranjestad (Aruba),
                                                                             — the difficulties to which the Commission refers are not
represented by G. van der Wal, of the Brussels Bar, with an
                                                                                 difficulties within the meaning of Article 109(1) of the
address for service at the Chambers of A. May, 398 Route
                                                                                 OCT Decision;
d’Esch.
The applicant claims that the Court should:                                  — the restrictions laid down in the Regulation have no or
                                                                                 insufficient influence on the difficulties referred to by
                                                                                 the Commission;
— annul Regulation (EC) No 465/2000 (1);
— hold that the Community is responsible for the damage                 — breach of the principle of proportionality;
    suffered by the applicant because of the fact that since
    1 March 2000 the import of the products referred to in
    Regulation No 465/2000 is prevented or restricted as a              — misuse of powers;
    consequence of Regulation No 465/2000, and hold that
    the parties are to reach agreement regarding the extent of
    the damage suffered by the applicant and that in the event          — inadequate statement of reasons.
    they do not agree thereon, order that the procedure shall
    recommence within a period to be laid down by the Court
    in order to determine the extent of the damage, and order
    the Community to pay the provisionally estimated and yet            (1) Commission Regularion (EC) No 465/2000 of 29 February 2000
    to be estimated damage, in the alternative order the                    introducing safeguard measures for imports from the overseas
    Community to pay compensation to be determined equit-                   countries and territories of sugar sector products with EC/OCT
    ably by the Court, together with interest of 8 % per annum              cumulation of origin (OJ L 56, 1.3.2000, p. 39).
    from the date of the application until the date of payment
    in full;
— order the Commission to pay the costs.