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Document C2005/229/01
Judgment of the Court (Second Chamber) of 14 July 2005 in Case C-40/03 P: Rica Foods (Free Zone) NV v Commission of the European Communities, Kingdom of the Netherlands, Kingdom of Spain (Appeal — Arrangements for association of the overseas countries and territories — Imports of sugar and mixtures of sugar and cocoa — Regulation (EC) No 2081/2000 — Safeguard measures — Article 109 of the OCT Decision — Commission's power of assessment — Principle of proportionality — Reasons)
Judgment of the Court (Second Chamber) of 14 July 2005 in Case C-40/03 P: Rica Foods (Free Zone) NV v Commission of the European Communities, Kingdom of the Netherlands, Kingdom of Spain (Appeal — Arrangements for association of the overseas countries and territories — Imports of sugar and mixtures of sugar and cocoa — Regulation (EC) No 2081/2000 — Safeguard measures — Article 109 of the OCT Decision — Commission's power of assessment — Principle of proportionality — Reasons)
Judgment of the Court (Second Chamber) of 14 July 2005 in Case C-40/03 P: Rica Foods (Free Zone) NV v Commission of the European Communities, Kingdom of the Netherlands, Kingdom of Spain (Appeal — Arrangements for association of the overseas countries and territories — Imports of sugar and mixtures of sugar and cocoa — Regulation (EC) No 2081/2000 — Safeguard measures — Article 109 of the OCT Decision — Commission's power of assessment — Principle of proportionality — Reasons)
OB C 229, 17.9.2005, p. 1–1
(ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)
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17.9.2005 |
EN |
Official Journal of the European Union |
C 229/1 |
JUDGMENT OF THE COURT
(Second Chamber)
of 14 July 2005
in Case C-40/03 P: Rica Foods (Free Zone) NV v Commission of the European Communities, Kingdom of the Netherlands, Kingdom of Spain (1)
(Appeal - Arrangements for association of the overseas countries and territories - Imports of sugar and mixtures of sugar and cocoa - Regulation (EC) No 2081/2000 - Safeguard measures - Article 109 of the OCT Decision - Commission's power of assessment - Principle of proportionality - Reasons)
(2005/C 229/01)
Language of the case: Dutch
In Case C-40/03 P: appeal under Article 49 of the EC Statute of the Court of Justice, lodged on 29 January 2003 — Rica Foods (Free Zone) NV, established in Oranjestad (Aruba), (lawyer: G. van der Wal), the other parties to the proceedings being: Commission of the European Communities (Agent: T. van Rijn), Kingdom of the Netherlands (Agent: H. Sevenster), Kingdom of Spain (Agents: N. Díaz Abad and D. Miguel Muñoz Pérez) — the Court (Second Chamber), composed of C. W. A. Timmermans, President of the Chamber, R. Silva de Lapuerta, R. Schintgen (rapporteur), G. Arestis and J. Klučka, Judges; P. Léger, Advocate General; M. Ferreira, Principal Administrator, for the Registrar, gave a judgment on 14 July 2005, in which it:
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1) |
Dismisses the appeal; |
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2) |
Orders Rica Foods (Free Zone) NV to pay the costs; |
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3) |
Orders the Kingdom of the Netherlands and the Kingdom of Spain to bear their own costs. |