# C_2004094EN.01003903.xml

| 17.4.2004 | EN | Official Journal of the European Union | C 94/39 |
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17.4.2004

EN

Official Journal of the European Union

C 94/39

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JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 10 February 2004

in Joined Cases T-215/01, T-220/01 and T-221/01: Calberson GE v Commission of the European Communities (1)

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(Regulation (EC) No 111/1999 - Food aid to Russia - Regulation (EC) No 1799/1999 - Supply of beef - Regulation (EC) No 1815/1999 - Supply of skimmed-milk powder - Award of contract for the provision of transport - Contractual relationship - Arbitration clause - Contractual liability - Non-contractual liability - Admissibility)

(2004/C 94/114)

Language of the case: French

In Joined Cases T-215/01, T-220/01 and T-221/01: Calberson GE, established in Paris (France), represented by T. Gallois, lawyer, against the Commission of the European Communities (Agent: G. Berscheid) – applications:

| — | in Case T-215/01, for an order requiring the Commission to pay to the applicant the sums of EUR 14 290,61 and USD 57 859,56, together with interest at the legal rate, in compensation for the loss allegedly suffered, |
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in Case T-215/01, for an order requiring the Commission to pay to the applicant the sums of EUR 14 290,61 and USD 57 859,56, together with interest at the legal rate, in compensation for the loss allegedly suffered,

| — | in Case T-220/01, for an order requiring the Commission to pay to the applicant the sum of DEM 106 901,96, together with interest at the legal rate, in compensation for the loss allegedly suffered, |
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in Case T-220/01, for an order requiring the Commission to pay to the applicant the sum of DEM 106 901,96, together with interest at the legal rate, in compensation for the loss allegedly suffered,

| — | in Case T-221/01, for an order requiring the Commission to pay to the applicant the sums of EUR 23 115,49 and USD 25 761,11, together with interest at the legal rate, in compensation for the loss allegedly suffered, |
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in Case T-221/01, for an order requiring the Commission to pay to the applicant the sums of EUR 23 115,49 and USD 25 761,11, together with interest at the legal rate, in compensation for the loss allegedly suffered,

all three brought on the basis of Article 238 EC and Article 16 of Commission Regulation (EC) No 111/1999 of 18 January 1999 laying down general rules for the application of Council Regulation (EC) No 2802/98 on a programme to supply agricultural products to the Russian Federation and, in the alternative, on the basis of Article 235 EC and the second paragraph of Article 288 EC — the Court of First Instance (Second Chamber), composed of N.J. Forwood, President, J. Pirrung and A.W.H. Meij, Judges; J. Plingers, Administrator, for the Registrar, has given a judgment on 10 February 2004 in which it:

| 1. | In Case T-215/01, orders the Commission to pay to the applicant the sum of EUR 7 194,24 and the sum of USD 23 072,89, both together with default interest from 16 May 2001 until full payment. The rate of interest to be applied shall be calculated on the basis of the rate set by the European Central Bank for its main refinancing operations that is applicable during the period in question, increased by two percentage points; |
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1.

In Case T-215/01, orders the Commission to pay to the applicant the sum of EUR 7 194,24 and the sum of USD 23 072,89, both together with default interest from 16 May 2001 until full payment. The rate of interest to be applied shall be calculated on the basis of the rate set by the European Central Bank for its main refinancing operations that is applicable during the period in question, increased by two percentage points;

| 2. | Dismisses the application in Case T-215/01 as to the remainder; |
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2.

Dismisses the application in Case T-215/01 as to the remainder;

| 3. | Orders the applicant to bear in Case T-215/01 a third of its own costs and a third of the costs incurred by the Commission, and the latter to bear two-thirds of its own costs and two-thirds of the costs incurred by the applicant; |
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3.

Orders the applicant to bear in Case T-215/01 a third of its own costs and a third of the costs incurred by the Commission, and the latter to bear two-thirds of its own costs and two-thirds of the costs incurred by the applicant;

| 4. | Dismisses the application in Case T-220/01; |
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4.

Dismisses the application in Case T-220/01;

| 5. | Orders the applicant to pay all the costs in Case T-220/01; |
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5.

Orders the applicant to pay all the costs in Case T-220/01;

| 6. | In Case T-221/01, orders the Commission to pay to the applicant the sum of USD 25 761,11, together with default interest from 3 August 2001 until full payment. The rate of interest to be applied shall be calculated on the basis of the rate set by the European Central Bank for its main refinancing operations that is applicable during the period in question, increased by two percentage points; |
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6.

In Case T-221/01, orders the Commission to pay to the applicant the sum of USD 25 761,11, together with default interest from 3 August 2001 until full payment. The rate of interest to be applied shall be calculated on the basis of the rate set by the European Central Bank for its main refinancing operations that is applicable during the period in question, increased by two percentage points;

| 7. | Orders the applicant to bear in Case T-221/01 a quarter of its own costs and a quarter of the costs incurred by the Commission, and the latter to bear three-quarters of its own costs and three-quarters of the costs incurred by the applicant. |
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7.

Orders the applicant to bear in Case T-221/01 a quarter of its own costs and a quarter of the costs incurred by the Commission, and the latter to bear three-quarters of its own costs and three-quarters of the costs incurred by the applicant.

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(1)  OJ No C 317, 10.11.2001.

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