Case T-50/01: Action brought on 2 March 2001 by Saffron Investments N.V. against the Commission of the European Communities
Date: 2001-07-14
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), fine, infringement of EU law, interest, maritime transport

14.7.2001

EN

Official Journal of the European Communities

C 200/57

COURT OF FIRST INSTANCE

Action brought on 2 March 2001 by Saffron Investments
N.V. against the Commission of the European Communi-
ties

(Case T-50/01)

(2001/C 200/107)

(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 2 March 2001 by Saffron Invest-
ments N.V., represented by Denis Waelbroeck and Isabelle
Buelens, of Liedekerke Siméon Wessing Houthoff, Brussels
(Belgium).

The applicant claims that the Court should:

— annul the decision of 29 December 2000 of the Com-
mission, refusing to pay interest (and in particular interest
at a rate of 11,25 % pending an appeal and at a rate of
13,25 % thereafter) on an amount of 12 033 177,49
EUR, representing the fines and accrued late payment
interest paid to the Commission and refusing to reimburse
the expenses incurred in providing a bank guarantee in
order to cover the amount of the fines and interest until
payment on 16 December 1996;

— in the alternative, order the Commission, on the basis of
Articles 235 and 288 EC, to pay an amount of EUR
5 028 037,17 as compensation for damage incurred;

— in any event, order the Commission to pay default interest
on that amount from the date of the judgment of the
Court, at a rate applied by the European Monetary
Cooperation Fund on its operation in EURO as deter-
mined on the day on which the judgment is adopted plus
one and a half points;

— order the Commission to bear the costs of the present

proceedings.

Pleas in law and main arguments

In its Cewal Decision (1), the Commission imposed a fine of
ECU 9 600 000 on CMB N.V. and a fine of ECU 200 000 on
Dafra Lines A/S.

An action was brought against the decision by CMB N.V. and
its separate legal entity for liner business, CMB Transport N.V.,
on the one hand, and Dafra Lines A/S, on the other hand. Bank
guarantees were provided for the amount of the fine and
interests by both parties.

The Court of First Instance dismissed the applications while
slightly reducing the fines (2). As a result of that judgment,
CMBT Investments N.V. (later known as Saffron Investments
N.V), to which CMB Transport N.V.’s obligation to pay the fine
had been transferred, and Dafra Lines A/S paid a total amount
of EUR 12 033 177,49, covering the amount of the fine plus
interest as from the date of the judgment.

The Court of Justice later annulled Articles 6 and 7 of the
Cewal Decision in so far as they imposed a fine on CMB N.V.
and on Dafra Lines A/S (3). As a result of that judgment, the
Commission reimbursed the applicant the amount of EUR
12 033 177,49 which had originally been paid. However, the
Commission did not pay any interest or reimburse the costs of
the bank guarantee that had initially been obtained in order to
cover the amount of the fines and its interests.

By letter of 29 December 2000, the Commission replied to
the applicant’s request for payment of interest and the costs
relating to the bank guarantees, stating that it had no obligation
to pay such interest or to refund the costs for the bank
guarantees.

The applicant seeks the annulment of
the Commission’s
decision and submits that the Commission has infringed Article
233 EC (ex Article 176), the principle of proportionality, the
principle of unjust enrichment and the fundamental principle
of non-discrimination. Alternatively,
it seeks compensation
under Articles 235 and 288 EC for damage incurred as a result
of the enforcement of the Cewal Decision, as subsequently
annulled in regard to CMB N.V. and Dafra Lines A/S.

(1) Decision of 23.12.1992, Cewal, OJ L 34 of 10.2.1993, p. 20.
(2) Judgment of 8.10.1996, in Joined Cases T-24/93-T26/96 and
T-28/93 Compagnie Maritime Belge Transports and Others v
Commission [1996] ECR II-1201.

(3) Judgment of 16.3.2000 in Joined Cases C-395/96 P and 396/93 P
Compagnie Maritime Belge Transports and Others v Commission
[not yet available in all languages].

Action brought on 30 March 2001 by INNOVA —
Centro Euromediterraneo per lo Sviluppo Sostenibile v
Commission of the European Communities

(Case T-78/01)

(2001/C 200/108)

(Language of the case: French)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance on 30 March