Language of document :

Order of the Court of First Instance of 22 June 2006 - Free Trade Foods v Commission

(Case T-108/01) 1

(Action for annulment - Action for damages - Sugar qualifying as EC/OCT originating products - Safeguard measure - Applicant's failure to proceed - No need to adjudicate)

Language of the case: Dutch

Parties

Applicant: Free Trade Foods NV (Curaçao, Netherlands Antilles) (represented by: M. Slotboom and N. Helder, lawyers)

Defendant: Commission of the European Communities (represented by: T. van Rijn, Agent)

Parties intervening in support of the defendant: Kingdom of Spain (represented by: N. Díaz Abad, Agent) and French Republic (represented by: G. de Bergues and L. Bernheim, Agents)

Re:

First, an application for annulment of Commission Regulation (EC) No 396/2001 of 27 February 2001 providing for the continued application of safeguard measures for imports from the overseas countries and territories of sugar sector products with EC/OCT cumulation of origin for the period 1 March to 30 June 2001(OJ 2001 L 58, p. 13), and, second, an application for compensation for the loss allegedly suffered by the applicant following the adoption of the contested regulation.

Operative part of the order

The Court hereby orders:

1.    There is need to adjudicate on this action.

2.    The applicant shall bear its own costs and pay those of the defendant. The Kingdom of Spain and the French Republic must bear their own costs.

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1 - OJ C 227, 11.8.2001.