Notice for the OJ

 

Action brought on 16 October 2002 by Fédération des Industries Condimentaires de France and Others against Commission of the European Communities

    (Case T-317/02)

    (Language of the case: French)

An action against the Commission of the European Communities was brought before the Court of First Instance of the European Communities on 16 October 2002 by Fédération des Industries Condimentaires de France, established in Paris, the Confédération Générale des Producteurs de lait de brebis et des Industriels du Roquefort, established in Millau (France), the Comité Economique Agricole Régional fruits et légumes de Bretagne, established in Morlaix (France) and the Comité Interprofessionnel des Palmipèdes à foie gras, established in Paris, represented by Michel Jacquot and Olivier Prost, avocats.

The applicant claims that the Court should:

(annul the decision of 9 July 2002 terminating the examination procedures concerning obstacles to trade, within the meaning of Council Regulation (EC) No 3286/94, consisting of trade practices maintained by the United States of America in relation to imports of prepared mustard;

(order the Commission to pay the costs.

Pleas in law and main arguments

Since 1999 the applicants have been and continue to be subject to the application by the United States of America of a 100% increase in customs duties as a result of the "beef hormones" case before the World Trade Organisation.

One of the applicants lodged a complaint on the basis of Council Regulation (EC) No 3286/94 of 22 December 1994 laying down Community procedures in the field of the common commercial policy in order to ensure the exercise of the Community's rights under international trade rules, in particular those established under the auspices of the World Trade Organisation. The remaining applicants joined the complainant in that complaint.

Following that complaint, the Commission decided to open an examination procedure. By the contested decision, the Commission decided to terminate that procedure.

In support of their application, the applicants allege infringement of Article 3(2) of Regulation No 3286/94 (EC). According to the applicants, the Commission misassessed the definition of "obstacle to trade".

The applicants claim, next, that that misassessment necessarily implies infringement of Article 2(4) of Regulation No 3286/94 (EC) as regards assessment of the adverse trade effects arising from the United States measures.

The applicants take the view, moreover, that the Commission infringed, in its examination of the adverse trade effects, the obligation to have regard to the provisions, principles or practice which govern the right of action under relevant international rules, contained in Article 10(5) of Regulation No 3286/94 (EC).

The applicants further claim that the Commission, when deciding to terminate the procedure, restricted the concept of interests of the Community to the interests of the complainant alone, contrary to Article 10 of Regulation No 3286/94 (EC).

The applicants also allege breach of the obligation to provide a statement of reasons, both as regards the analysis of the obstacles to trade and the interests of the Community, infringement of Article 2(4) and Article 11(1) of Regulation No 3286/94 (EC) and a manifest error of assessment of the facts. Finally, the applicants allege infringement by the Commission of the rights of the defence and breach of the duty to exercise due care.

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