Judgment_paragraph 247 · Chiquita Brands International, Inc., Chiquita Banana Co. BV and Chiquita Italia, SpA v Commission of the European Communities (T-19/01)

247That line of argument thus merges with the line of argument developed under the first plea, as the applicant is claiming non-performance by the Community of its obligations under the WTO Agreements. The Court therefore holds that, for the reasons set out in its examination of the first plea, this argument cannot succeed. In this case, the applicant has not demonstrated that the conditions for applying the Nakajima case-law are satisfied.