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16.5.

98 EN Official Journal of the European Communities C 151/13

Action brought on 1 April 1998 by the Netherlands rules for imports of rice originating in the ACP countries
Antilles against the Commission of the European or the OCT pursuant to Article 108a of the OCT
Communities Decision.
(Case T-52/98)
(98/C 151/24) The rice implementation Regulation is intended to secure
the limitation by the Community of imports of rice
(Language of the case: Dutch) originating, in particular, in the Netherlands Antilles.
According to the Netherlands Antilles, the Commission
An action against the Commission of the European has restricted trade between the Netherlands Antilles and
Communities was brought before the Court of First the Community, contrary to Community law. The
Instance of the European Communities on 1 April 1998 application also includes a claim that the legal
by the Netherlands Antilles, represented by P. Bos and M. infringements complained of should not be repeated in the
Slotboom, of the Rotterdam Bar, with an address for future. Lastly, the rice implementation Regulation imposes
service in Luxembourg at the Chambers of M. Loesch, 11 serious restrictions on an important sector of the
rue Goethe. Netherlands Antilles economy, namely the sugar refineries.

The applicant claims that the Court should: The pleas in law advanced in opposition to the contested
Regulation allege lack of competence, infringement of
essential procedural requirements and infringement of the
1. annul Commission Regulation (EC) No 2603/97 of
Treaty or of rules for the implementation thereof and/or
16 December 1997 laying down the detailed
breach of general principles of Community law, in
implementing rules for imports of rice originating in
particular: illegality of Article 101(1) of the OCT
the ACP countries or the overseas countries and
Decision, illegality of the origin rules contained in Title I
territories (OCT) (OJ L 351, 23.12.1997, p. 22);
of Annex II to the OCT Decision, illegality of the
amending Decision on which the rice implementation
2. order the Commission to pay the costs. Regulation is based, infringement of Article 234 of the
OCT Decision, infringement of Article 133(1) of the
Treaty, infringement of Article 132(1) of the Treaty in
Pleas in law and main arguments adduced in support:
conjunction with Article 102 of the OCT Decision,
infringement of Article XIII of GATT 1994 and of the
The applicant seeks annulment of the rice implementation WTO Agreement on import licensing procedures and
Regulation, which lays down the detailed implementing infringement of Article 228(7) of the Treaty.