Notice for the OJ
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Action brought on 2 December 2003 by Yedas Tarim ve Otomotiv Sanayi ve Ticaret A.. against the Council of the European Union and the Commission of the European Communities
(Case T-367/03)
Language of the case: English
An action against the Council of the European Union and the Commission of the European Communities was brought before the Court of First Instance of the European Communities on 2 December 2003 by Yedas Tarim ve Otomotiv Sanayi ve Ticaret A.., Istanbul, (Turkey), represented by R. Sinner, lawyer, with an address for service in Luxembourg.
The applicant claims that the Court should:
grant compensation to the applicant for the loss incurred due to the Customs Union procedures generally, which arose from the Ankara Agreement, the Additional Protocol and its appendices, and especially the Common Council Decision No 1/95 of the European Community.
Pleas in law and main arguments:
The applicant is a small and medium sized enterprise, active in the automotive industry. The applicant claims to have suffered a loss caused by the customs union between the European Union and Turkey1, established in 1996. According to the applicant, the European Union has not fulfilled all of its obligations arising from the customs union and the Ankara Agreement2.
The applicant claims that Turkey would be given loans and donations from the Community's program for Mediterranean countries and from the European Union's budget resources in order to eliminate the negative effects of the customs union on Turkey's economy. According to the applicant, the assistance given was inadequate. The applicant, as a small and medium company, claims to have suffered losses due to the lack of sufficient financial aid and therefore a disadvantage in terms of fair competition with other companies in the field.
____________1 - Decision No /95 of the EC-Turkey Association Council of 22 December 995 on implementing the final phase of the Customs Union (OJ L 35 of 3 February 996, p. )2 - Agreement establishing an Association between the European Economic Community and Turkey (OJ P 17 of 9 December 1964, p. 3687) (No English text available)