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10.5.

2003 EN Official Journal of the European Union C 112/23

Pleas in law and main arguments Removal from the register of Case C-26/02 (1)

— Irregularity of the proceedings (2003/C 112/40)

The Court of First Instances misinterpreted the case as


presented by the applicant, making no mention in its By order of 26 February 2003 the President of the Court of
judgment of the evidence led by it and reflected in the Justice of the European Communities ordered the removal
Report for the Hearing. Furthermore, the judgment is also from the register of Case C-26/02: Kingdom of Spain v Council
misleading as to the course of the hearing before the of the European Communities.
Court of First Instance.
(1 ) OJ C 68 of 16.3.2002.
— Breach of Community law

The Court of First Instance wrongly considered that


Article 125 of Council Decision 86/283/EEC of 30 June
1986 on the association of the overseas countries and
Removal from the register of Case C-254/02 ( 1)
territories with the European Economic Community does
not include agricultural projects among those capable of
(2003/C 112/41)
being financed by Community funding. The Court of First
Instance ignored the evidence put forward in that respect
by the applicant.
By order of 25 February 2003 the President of the Court of
Moreover, the Court of First Instance infringed the Justice of the European Communities ordered the removal
Charter of Fundamental Rights and the rights of the from the register of Case C-254/02 (Reference for a preliminary
defence by misinterpreting the complaints put forward ruling by the VAT and Duties Tribunals, London Tribunal
by the applicant. Centre): Fast Forward Resources plc v Commissioners of
Customs and Excise.

(1 ) OJ C 202 of 24.8.2002.