# C_2009019EN.01002302.xml

| 24.1.2009 | EN | Official Journal of the European Union | C 19/23 |
| --- | --- | --- | --- |

24.1.2009

EN

Official Journal of the European Union

C 19/23

---

Judgment of the Court of First Instance of 26 November 2008 — Agraz and Others v Commission

(Case T-285/03) (1)

1

(Non-contractual liability - Agriculture - Common organisation of the markets in processed fruit and vegetable products - Production aid for processed tomato products - Method of calculating the amount - 2000/2001 marketing year - Determination of the loss)

(2009/C 19/42)

Language of the case: French

Parties

Applicants: Agraz, SA (Madrid, Spain) and the 86 applicants listed in Annexes I and II to the judgment (represented by: J.L. da Cruz Vilaça, D. Choussy and S. Estima Martins)

Applicants:

Defendant: Commission of the European Communities (represented by: M. Nolin, Agent)

Defendant:

Re:

Action for damages for the loss allegedly suffered by the applicants as the result of the method used to calculate the amount of production aid under Commission Regulation (EC) No 1519/2000 of 12 July 2000 setting for the 2000/2001 marketing year the minimum price and the amount of production aid for processed tomato products (OJ 2003 L 174, p. 29).

Operative part of the judgment

The Court:

| 1. | Orders the Commission to pay to Agraz, Sa and the 86 other companies listed in Annexes I and II damages equivalent to an increase of 15.54 % in the amount of production aid which they received for the 2000/2001 marketing year, as set by Annex II to Regulation No 1519/2000. |
| --- | --- |

1.

Orders the Commission to pay to Agraz, Sa and the 86 other companies listed in Annexes I and II damages equivalent to an increase of 15.54 % in the amount of production aid which they received for the 2000/2001 marketing year, as set by Annex II to Regulation No 1519/2000.

| 2. | Orders those damages to be reassessed using compensatory interest as from the time of actual payment of the aid to each applicant up to the date of delivery of the present judgment, at the rate fixed by the ECB for principal refinancing operations, plus two points, in respect of the applicants listed in Annex I, and at the rate of annual inflation determined for the period in question by Eurostat in the Member State where they are established, in respect of the applicants listed in Annex II. |
| --- | --- |

2.

Orders those damages to be reassessed using compensatory interest as from the time of actual payment of the aid to each applicant up to the date of delivery of the present judgment, at the rate fixed by the ECB for principal refinancing operations, plus two points, in respect of the applicants listed in Annex I, and at the rate of annual inflation determined for the period in question by Eurostat in the Member State where they are established, in respect of the applicants listed in Annex II.

| 3. | Orders that the damages, as reassessed, be accompanied by default interest, as from the date of delivery of the present judgment until complete payment, at the rate set by the ECB for principal refinancing operations, plus two points. |
| --- | --- |

3.

Orders that the damages, as reassessed, be accompanied by default interest, as from the date of delivery of the present judgment until complete payment, at the rate set by the ECB for principal refinancing operations, plus two points.

---

(1)  OJ C 251, 18.10.2003.

1

---