Judgments nº T-64/01 of Court of First Instance of the European Communities, February 10, 2004
Resolution Date | February 10, 2004 |
Issuing Organization | Court of First Instance of the European Communities |
Decision Number | T-64/01 |
JUDGMENT OF THE COURT OF FIRST INSTANCE (Fifth Chamber)
10 February 2004 (1) (Common organisation of the markets - Bananas - Imports from ACP States and third countries - Reference quantity - Regulations (EC) Nos 1924/95 and 2362/98 - Action for compensation)
In Joined Cases T-64/01 and T-65/01,
Afrikanische Frucht-Compagnie GmbH, established in Hamburg (Germany),
Internationale Fruchtimport Gesellschaft Weichert & Co., established in Hamburg,
represented by G. Schohe, lawyer, with an address for service in Luxembourg,
applicants,
v
Council of the European Union, represented by S. Marquardt and J.-P. Hix, acting as Agents,
Commission of the European Communities, represented by G. Braun and M. Niejahr, acting as Agents, with an address for service in Luxembourg,
defendants,
APPLICATION for compensation for the loss allegedly suffered by the applicants in the determination of their reference quantities for 1999,
THE COURT OF FIRST INSTANCE
OF THE EUROPEAN COMMUNITIES (Fifth Chamber),
composed of: R. García-Valdecasas, President, P. Lindh and J.D. Cooke, Judges,
Registrar: D. Christensen, Administrator,
having regard to the written procedure and further to the hearing on 6 May 2003,
gives the following
Judgment
Legal framework
(a) the purchase of green third-country and/or ACP bananas from the producers, or where applicable, the production, consignment and sale of such products in the Community;
(b) as owners, the supply and release for free circulation of green bananas and sale with a view to their subsequent marketing in the Community; the risks of spoilage or loss of the product being equated with the risk taken on by the owner;
(c) as owners, the ripening of green bananas and their marketing within the Community.
The competent authorities of the Member States shall draw up separate lists of operators in Categories A and B and the quantities which each operator has marketed in each of the three years prior to that preceding the year for which the tariff quota is opened, broken down according to economic activity as described in Article 3(1). ...
- activity (a): 57%,
- activity (b): 15%,
- activity (c): 28%.
Depending on the annual tariff quota and the total reference quantities of operators as referred to in Article 5, the Commission shall fix, where appropriate, a single reduction coefficient for each category of operators to be applied to operators' reference quantities to determine the quantity to be allocated to each.
The Member States shall determine the quantities for each operator in Categories A and/or B registered with them and shall notify the latter thereof ...
Transitional measures following the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the Community
- Commission Regulation (EC) No 3303/94 of 21 December 1994 introducing transitional measures for imports of bananas into Austria, Finland and Sweden in the first quarter of 1995 (OJ 1994 L 341, p. 46);
- Commission Regulation (EC) No 479/95 of 1 March 1995 introducing transitional measures for the application of the tariff quota arrangements for the import of bananas as a result of the accession of Austria, Finland and Sweden for the second quarter of 1995 (OJ 1995 L 49, p. 18);
- Commission Regulation (EC) No 1219/95 of 30 May 1995 adopting transitional measures for the application of the tariff quota arrangements for imports of bananas for the third quarter of 1995 as a result of the accession of Austria, Finland and Sweden (OJ 1995 L 120, p. 20);
- Commission Regulation (EC) No 1924/95 of 3 August 1995 laying down transitional measures for the application of the tariff quota arrangements for imports of bananas as a result of the accession of Austria, Finland and Sweden (OJ 1995 L 185, p. 24).
The Community operators who have marketed in the new Member States during the three years of the reference period 1991, 1992 and 1993 bananas originating in third countries other than the [ACP] States, the ACP States and bananas harvested in the Community, shall request their registration with the competent authorities of the Member States by 15 March 1995 at the latest. ...
Each operator's authorisation to import may not cover a quantity greater than [30%, 27% and 25% respectively] of the average of the annual quantities imported by him in the years 1991, 1992 and 1993.
This authorisation shall not predetermine the reference quantity to be allocated to the operator in question for 1995 pursuant to Article 6 of [Regulation No 1442/93].
For the fourth quarter of 1995, import licences shall be issued with a view to the release for free circulation...
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