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Case C-73/10 P: Appeal brought on 9 February 2010 by Internationale Fruchtimport Gesellschaft Weichert & Co. KG against the order of the Court of First Instance (Eighth Chamber) delivered on 30 November 2009 in Case T-2/09: Internationale Fruchtimport Gesellschaft Weichert & Co. KG v European Commission
ECLI:EU:UNKNOWN:62010CN0073
62010CN0073
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27.3.2010
EN
Official Journal of the European Union
C 80/22
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(Case C-73/10 P)
2010/C 80/38
Language of the case: English
Parties
Appellant: Internationale Fruchtimport Gesellschaft Weichert & Co. KG (represented by: A. Rinne, Rechtsanwalt, S. Kon, Solicitor, C. Humpe, Solicitor, C. Vajda QC)
Other party to the proceedings: European Commission
Form of order sought
The applicant claims that the Court should:
—set aside the Order of the CFI in Case T- 2/09 dated 30 November 2009; and
—declare Weichert's application for annulment in Case T-2/09 admissible and refer the case back to the General Court of the European Union for judgment on Weichert's claims seeking annulment of the decision of the Commission of the European Communities of 15 October 2008 (Case COMP/39.188 — Bananas) — in so far as it relates to Weichert, or
—in the alternative, refer the case back to the General Court of the European Union for judgment on the admissibility of Weichert's application for annulment in Case T-2/09.
Pleas in law and main arguments
The applicant submits that the CFI erred in law by declaring the application inadmissible on the basis that there could only be a derogation from the application of the Community rules on procedural time limits where the circumstances are either unforeseeable or amount to force majeure. It is submitted that such an approach is unduly narrow and fails to take any, or any proper account, of the importance of the right of access to a court in criminal proceedings, the principle of legality in criminal proceedings, and principle of proportionality, and the overriding need to avoid an unjust result.
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