Case T-220/01: Action brought on 24 September 2001 by Calberson G.E. against the Commission of the European Communities
Date: 2001-11-10
Institutions: Court of First Instance
Subjects: European Commission, appeal to the Court (EU), beef, carrier, intervention agency, intervention stock

10.11.2001

EN

Official Journal of the European Communities

C 317/35

Pleas in law and principal arguments

is a non-governmental organisation whose
The applicant
objects are to fight racism and to protect the interests of
immigrants in the European Union. To that end the applicant
received subsidies from the Commission for the year 2000, in
accordance with the agreement entered into by the two parties.
In the challenged decision the Council terminated that financial
aid because of financial irregularities established against the
applicant.

In support of its action the applicant relies on:

— failure to observe the general conditions of the grant

agreement of 24 May 2000;

— failure to respect the rights of the defence in an adminis-
trative case. According to the applicant the disputed
decision was made without the applicant being heard and
was not based on proper reasons;

— breach of the principle of legitimate expectations.

lenging the decision. The applicant also disputes the stipulation
in the decision that other information and supporting docu-
ments were necessary. According to the applicant it had
submitted all the necessary documents and, if the Commission
required other material, it should have requested it from the
applicant.

Action brought on 24 September 2001 by Calberson G.E.
against the Commission of the European Communities

(Case T-220/01)

(2001/C 317/69)

(Language of the case: French)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 24 September 2001 by Calberson
G.E., a company established in Paris, represented by Thierry
Gallois, lawyer.

Action brought on 21 September 2001 by Laboratoire
Monique Remy against the Commission of the European
Communities

The applicant claims that the Court should:

— order the Commission to pay to the applicant compen-
sation equal to the amounts of the following invoices:

(Case T-218/01)

(2001/C 317/68)

(Language of the case: French)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 21 September 2001 by Laboratoire
Monique Remy, established at Grasse (France), represented by
Jean-Félix Pupel, lawyer.

The applicant challenges Commission Decision C(2001)1380
of 2 July 2001 withdrawing the financial assistance granted
to the applicant by Commission Decision C(93)3185 of
10 November 1993 concerning the grant of aid from the
EAGGF Guidance Section pursuant to Council Regulation
(EEC) No 4256/88 in the context of Project No 93.FR.06.027
entitled: ‘Pilot project to demonstrate exploitation of the Iris, a
Mediterranean plant, for the luxury perfume industry and food
flavourings (France, Spain, Greece)’.

Pleas in law and principal arguments

The applicant claims that the decision does not observe the
code of sound administrative conduct because it does not
contain any information concerning the possibilities of chal-

— BRU 0135 963 for DEM 82 991,96 — additional

loading charges;

— BRU 0135 098 for DEM 900 corresponding to fines

paid to the Polish authorities;

— BRU 0135 099 for DEM 6 960 corresponding to

fines paid to the Polish authorities;

— BRU 0135 964 for DEM 16 050 — the cost of
plastic sheeting charged by the store manager;

— order that interest at the legal rate be added to the
compensation from the 8th day after each unpaid invoice;

— order that all the costs be paid by the Commission.

Pleas in law and principal arguments

This case concerns the execution of Lots 5 and 7 of Regulation
No 1799/1999 on the transport of beef from the intervention
stock in Germany to Russia. Under the terms of that regulation,
the applicant was to provide, at the departure points, services
comprising handling and loading the means of transport. The
applicant invoiced the intervention agency for those services
in compliance with the quotation which had been given to the
applicant by the intervention agency, which had itself received
the quotation from the company managing the store.

C 317/36

EN

Official Journal of the European Communities

10.11.2001

According to the applicant, the company managing the store
did not properly carry out its loading obligations, and as the
Polish police found overloading, they levied fines on the
applicant. Also, the managing company required prior pay-
ment of the additional charges for those loading operations.

In support of its claims, the applicant relies on the contractual
and non-contractual liability of the Commission.

The applicant relies on the same arguments as in Case
T-215/01, taking account of the fact that in the present case
the additional charges were caused by the actions of the
warehouse of the intervention agency, which required prior
payment of an additional sum for releasing and loading the
goods and carried out the relevant operations badly, exposing
the applicant to the fines.

Action brought on 24 September 2001 by Calberson G.E.
against the Commission of the European Communities

(Case T-221/01)

(2001/C 317/70)

(Language of the case: French)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 24 September 2001 by Calberson
G.E., a company established in Paris, represented by Thierry
Gallois, lawyer.

The applicant claims that the Court should:

— order the Commission to pay to the applicant compen-
sation equal to the totals of invoices BRU 114 4316
(USD 25 761,11) and BRU 413 1828 (23 115,49 Euros);

— order interest at

the legal rate to be added to the
compensation from the 8th day following each unpaid
invoice;

— order that all the costs be paid by the Commission.

Pleas in law and principal arguments

23 September 1999, the contract in respect of Lot No 5 for
the transport of 6 500 tonnes of skimmed-milk powder from
Ireland to Russia.

the intervention agency,

According to the applicant
the
Department of Agriculture, Food and Rural Development
(D.A.F.) sent it the goods with substantial delay, which forced
it to pay demurrage to the owner of the ship which it had
chartered.

In support of its claims seeking compensation for the losses
suffered, the applicant pleads contractual liability and, alterna-
tively, non-contractual liability of the Commission by putting
forward pleas and arguments similar to those presented in
Case T-215/01.

(1) Commission Regulation (CE) No 1815/1999 of 18 August 1999
on the supply of skimmed-milk powder to Russia (OJ 1999 L 220,
p. 13).

Removal from the Register of Case T-42/00 (1)

(2001/C 317/71)

(Language of the case: German)

By order of 5 June 2001, the President of the Second Chamber
of the Court of First Instance of the European Communities
has ordered the
from the Register of Case
T-42/00, City-Broker Deutschland GmbH v the Office for
(Trade Marks and
Harmonisation in the Internal Market
Designs).

removal

(1) OJ C 135 of 13.5.00.

Removal from the Register of Case T-359/00 (1)

(2001/C 317/72)

(Language of the case: Spanish)

By order of 21 June 2001, the President of the Fourth Chamber
of the Court of First Instance of the European Communities
has ordered the removal from the Register of Case T-359/00,
Organizacio´ n de Productores Asociados de Grandes Atuneros
Congeladores (OPAGAC) y Empresarios Asociados v Com-
mission of the European Communities.

The applicant states that,
in the context of Regulation
No 1815/1999 (1), the Commission awarded it, by decision of

(1) OJ C 45 of 10.2.01.