Case T-348/00: Action brought on 14 November 2000 by A. Barth against the Commission of the European Communities
Date: 2001-02-10
Institutions: Court of First Instance
Subjects: European Commission, European official, allowances and expenses, appeal to an administrative authority, regulations for civil servants, widowed person

C 45/20

EN

Official Journal of the European Communities

10.2.2001

Action brought on 13 November 2000 by Pharmacia &
Upjohn S.A. against the Commission of the European
Communities

Pleas in law and main arguments

The pleas in law and main arguments are those put forward in
Case T-344/00 (1) CECA v Commission.

(Case T-345/00)

(2001/C 45/43)

(Language of the case: English)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 13 November 2000 by Pharmacia
& Upjohn S.A., represented by Denis Waelbroeck and Dirk
Brinckman, of Liedekerke Siméon Wessing Houthoff, Brussels.

The applicant claims that the Court should:

— declare pursuant to Article 232 EC that the Commission
has failed to comply with its obligations under Com-
munity law by failing to take the necessary measures for
the inclusion of progesterone in Annex II to Regulation
No 2377/90 following the issuing of the positive opinion
of the CVMP and in particular to draw up a draft
regulation including progesterone in Annex II and sub-
mitting it to the Standing Committee for approval;

— order the Community, as represented here by the Com-
mission, to repair the damage suffered by the applicant
as a result of the Commission’s unlawful failure to act
and to set the amount of this compensation for the
damage suffered so far at EURO 271,170, or any other
amount reflecting the damage suffered by the applicant
these
as further established by it
in the course of
future
proceedings, especially taking due account of
damage;

— in the alternative, order the parties to produce to the
Court within a reasonable period from the date of the
judgment figures as to the amount of the compensation
agreed between the parties or, in the absence of agree-
ment, order the parties to produce to the Court within
the same period their submissions with detailed figures in
support;

— order that interest at the annual rate of 8 %, or any other
appropriate rate to be determined by the Court, shall be
paid on the amount payable as from the date of the
Court’s judgment until actual payment of that amount;

(1) See p. 19 of this Official Journal.

Action brought on 14 November 2000 by A. Barth against
the Commission of the European Communities

(Case T-348/00)

(2001/C 45/44)

(Language of the case: Dutch)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 14 November 2000 by A. Barth,
residing at Lenzkirch (Germany), represented by E.J.H. Moons,
of the Brussels Bar, with an address for service in Luxembourg
at the Chambers of C. Turk, 13a Avenue Guillaume.

The applicant claims that the Court should:

— declare the application admissible and well founded;

— rule that there exists no basis on which recovery may be
sought from the applicant pursuant to Article 85 of the
Staff Regulations of officials of the European Communi-
ties;

— rule that special circumstances have existed as regards the
applicant since 24 September 1998 and that he therefore
continues to be entitled to receive the household allow-
ance pursuant to Article 1(c) of Annex VII to the Staff
Regulations;

— consequently, order the European Commission to:

(1)

(2)

(3)

repay the sum of EUR 2 543,20 which has been
deducted, together with interest from the dates on
which the deductions were respectively made;

repay the sum of DEM 1 053,18 which has been
deducted, likewise with interest from the dates on
which the deductions were respectively made;

continue to pay the household allowance to the
applicant with effect from March 2000, together
with compensatory interest from the payment dates
which have passed since then;

— order the Commission to pay the costs of the present

proceedings.

— order the Commission to pay statutory interest on all the
sums in question and to pay the costs, including the
procedural costs.

10.2.2001

EN

Official Journal of the European Communities

C 45/21

Pleas in law and main arguments

The applicant contests the decision of the Commission of
17 August 2000 to stop paying the household allowance and
to deduct from the applicant’s monthly pension for the period
from April 2000 to January 2001 the household allowance
alleged by the Commission to have been unduly paid since
24 September 1998, the date of the death of the applicant’s
spouse.

The applicant claims that, since the death of his wife, he has
been in a situation of the type referred to in Article 1(c) of
Annex VII to the Staff Regulations, and that he therefore
continues to be entitled to receive the household allowance.

Action brought on 17 November 2000 by Free Trade
Foods NV against the Commission of the European
Communities

(Case T-350/00)

(2001/C 45/45)

(Language of the case: Dutch)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 17 November 2000 by Free Trade
Foods NV, having its registered office in Curaçao (Netherlands
Antilles), represented by M. Slotboom and N.J. Helder, of the
Trenité Van Doorne Chambers, Rotterdam and Brussels, with
an address for service in Luxembourg at the Chambers of De
Bandt, Van Hecke, Lagae & Loesch, 11 Rue Goethe.

The applicant claims that the Court should:

(1) declare the action brought by Free Trade Foods to be

admissible;

(2)

(3)

annul Regulation No 2081/2000 of 29 September 2000
introducing safeguard measures for imports from the
overseas countries and territories of sugar sector products
with EC/OCT cumulation of origin (hereinafter ‘the third
safeguard measure’) (1);

rule that the Community is liable for the damage incurred
by Free Trade Foods as a result of the third safeguard
measure, that the parties reach agreement on the extent
of the damage incurred by Free Trade Foods, and, in the
absence of agreement on that matter, that the procedure
be continued, within a period to be set by the Court, to
determine the extent of that damage, and order the
Community to pay compensation for the damage as
provisionally estimated and still to be estimated; in the
alternative, it should order the Community to pay such
compensation as the Court may reasonably determine,
plus applicable interest from the date of the document
instituting these proceedings until the date of full pay-
ment;

(4) order the Commission to pay the costs of these proceed-

ings.

Pleas in law and main arguments

Free Trade Foods NV (‘FTF’) owns a sugar factory on Curaçao.
In 2000 it intended to process approximately 50 000 tonnes.

FTF is entirely dependent on the processing of C-sugar
originating in the Community, which, as a result of EC/OCT
cumulation, obtains an OCT origin and can thus be imported
into the Community free from duty.

As a result of the third safeguard measure a very limited quota
of 4 848 tonnes now applies.

FTF sets out the following four pleas in law in support of
annulment of the third safeguard measure and payment of
compensation:

1.

2.

3.

Infringement of Article 109 of the OCT Decision;

Infringement of the order of priority established in the
EC Treaty in favour of OCT goods;

Infringement of Article 7(5) of the Agreement on Safe-
guard Measures (concluded within the framework of the
WTO), together with infringement of Article 300(7) EC;

4.

Illegality of Regulation No 2553/97.

(1) Commission Regulation (EC) No 2081/2000 of 29 September
2000 providing for the continued application of safeguard
measures for imports from the overseas countries and territories
of sugar sector products with EC/OCT cumulation of origin (OJ
2000 L 246 of 30.9.2000, p. 64).

Action brought on 24 November 2000 by Organizacio´ n
de Productores Asociados de Grandes Atuneros Congela-
dores (OPAGAC) against Commission of the European
Communities

(Case T-359/00)

(2001/C 45/46)

(Language of the case: Spanish)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 24 November 2000 by the Orga-
nizacio´ n de Productores Asociados de Grandes Atuneros
Congeladores (OPAGAC), whose registered office is at Madrid,
represented by Jesu´ s Casas Robla and Vanessa Arrastia de la
Sierra.