ORDER OF THE COURT OF FIRST INSTANCE (Fifth Chamber)
27 February 2002 (1) (Intervention - Articles 102(2) and 115(1) of the Rules of Procedure - Computation of time-limit - Interest in the result of the case - Request for confidential treatment)
In Case T-139/01,
Comafrica SpA, established in Genoa (Italy),
Dole Fresh Fruit Europe Ltd & Co., established in Hamburg (Germany),
represented by B. O'Connor, Solicitor, and P. Bastos Martin, Barrister,
applicants,
v
Commission of the European Communities, represented by L. Visaggio and K. Fitch, of its Legal Service, acting as Agents, with an address for service in Luxembourg,
defendant,
APPLICATION for, on the one hand, annulment of Commission Regulation (EC) No 896/2001 of 7 May 2001 laying down detailed rules for applying Council Regulation (EEC) No 404/93 as regards the arrangements for importing bananas into the Community (OJ 2001 L 126, p. 6) and Commission Regulation (EC) No 1121/2001 of 7 June 2001 fixing the adjustment coefficients to be applied to each traditional operator's reference quantity under the tariff quotas for imports of bananas (OJ 2001 L 153, p. 12) and, on the other hand, for damages and interest in compensation for the loss allegedly caused to the applicants by the adoption of Regulations No 896/2001 and No 1121/2001,
THE COURT OF FIRST INSTANCE
OF THE EUROPEAN COMMUNITIES (Fifth Chamber),
composed of: J.D. Cooke, President, R. García-Valdecasas and P. Lindh, Judges,
Registrar: H. Jung,
makes the following
Order
1.
Comafrica SpA and Dole Fresh Fruit Europe Ltd & Co. market bananas in the Community. They are incorporated in Italy and Germany respectively where they are registered with the competent national authorities as traditional operators A/B for the purposes of Commission Regulation (EC) No 896/2001 of 7 May 2001 laying down detailed rules for applying Council Regulation (EEC) No 404/93 as regards the arrangements for importing bananas into the Community (OJ 2001 L 126, p. 6).
2.
By application lodged at the Court Registry on 19 June 2001, the applicants brought this action seeking annulment of Commission Regulations (EC) No 896/2001 and No 1121/2001 of 7 June 2001 fixing the adjustment coefficients to be applied to each traditional operator's reference quantity under the tariff quotas for imports of bananas (OJ 2001 L 153, p. 12) (hereinafter 'the contestedregulations) together with compensation for the loss allegedly caused to them by the adoption of those regulations.
3.
By application lodged at the Court Registry on 5 October 2001 the Kingdom of Spain, represented by R. Silva de Lapuerta, acting as Agent, having an address for service in Luxembourg, applied to intervene in the action in support of the order sought by the Commission. That application was notified to the parties in accordance with Article 116(1) of the Rules of Procedure of this Court. The Commission and the applicants lodged their observations on 18 and 22 October 2001 respectively.
4.
By application lodged at the Court Registry on 25 October 2001, Simba SpA, established in Milan (Italy), represented by S. Carbone and F. Mundari, avvocati, applied to intervene in support of the orders sought by the applicants. That application was notified to the parties pursuant to Article 116(1) of the Rules of Procedure. The applicants and the Commission lodged observations on 9 and 23 November 2001 respectively.
5.
By letter lodged at the Court Registry on 22 October 2001, the applicants requested confidential treatment of certain matters in their application as...
