# C_2013189EN.01001702.xml

| 29.6.2013 | EN | Official Journal of the European Union | C 189/17 |
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29.6.2013

EN

Official Journal of the European Union

C 189/17

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Judgment of the General Court of 16 May 2013 — Gap granen & producten v Commission

(Case T-437/10) (1)

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(Non-contractual liability - Import of high-quality durum wheat - Import duties - Regulation (EC) No 919/2009 - Regulation (EC) No 1249/96 - Sufficiently serious breach of a rule of law conferring rights on individuals - Material loss - Causal link)

2013/C 189/32

Language of the case: Dutch

Parties

Parties

Applicant: Gap granen & producten (Zoersel, Belgium) (represented by: C. Ronse, A. Hansebout, K. Claeyé and J, Muyldermans, lawyers)

Applicant:

Defendant: European Commission (represented by: D. Triantafyllou and B. Burggraaf, Agents)

Defendant:

Re:

Re:

Action for compensation under Article 340 TFEU for compensation in respect of the harm allegedly suffered by the applicant as a result of the fixing of import duties on high-quality durum wheat by Commission Regulation (EC) No 919/2009 of 1 October 2009 amending Regulation (EC) No 915/2009 fixing the import duties in the cereals sector applicable from 1 October 2009 (OJ 2009 L 259, p. 5).

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | The European Commission is ordered to compensate Gap SA granen & producten NV for the loss suffered by it as a result of the application of Commission Regulation (EC) No 919/2009 of 1 October 2009 amending Regulation (EC) No 915/2009 fixing the import duties in the cereals sector applicable from 1 October 2009, in so far as that regulation did not take account of the fob quotation or use a calculation method which was representative of actual freight costs for the fixing of import duties for high-quality durum wheat. |
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1.

The European Commission is ordered to compensate Gap SA granen & producten NV for the loss suffered by it as a result of the application of Commission Regulation (EC) No 919/2009 of 1 October 2009 amending Regulation (EC) No 915/2009 fixing the import duties in the cereals sector applicable from 1 October 2009, in so far as that regulation did not take account of the fob quotation or use a calculation method which was representative of actual freight costs for the fixing of import duties for high-quality durum wheat.

| 2. | Gap granen & producten and the Commission are ordered to provide the General Court with the amounts to be paid, established by common agreement, within six months of the date of judgment; |
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2.

Gap granen & producten and the Commission are ordered to provide the General Court with the amounts to be paid, established by common agreement, within six months of the date of judgment;

| 3. | If the parties fail to reach an agreement, Gap granen & producten and the Commission are to provide the General Court with their forms of order sought, including figures, within the same period; |
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3.

If the parties fail to reach an agreement, Gap granen & producten and the Commission are to provide the General Court with their forms of order sought, including figures, within the same period;

| 4. | Costs are reserved. |
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4.

Costs are reserved.

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(1)  OJ C 317, 20.11.2010.

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