Case T-215/01: Action brought on 20 September 2001 by Calberson G.E. against Commission of the European Communities
Date: 2001-11-10
Institutions: Court of First Instance
Subjects: European Commission, appeal to the Court (EU), carrier, intervention agency, intervention stock, skimmed milk powder

C 317/34

EN

Official Journal of the European Communities

10.11.2001

Action brought on 20 September 2001 by Calberson G.E.
against Commission of the European Communities

(Case T-215/01)

(2001/C 317/66)

(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 20 September 2001 by Calberson
G.E., established in Paris, represented by Thierry Gallois,
lawyer.

The applicant claims that the Court should:

— order the Commission to pay to the applicant by way of

compensation:

— Euros 14 290 .61;

— USD 57 859 .56, together with legal interest with
effect from the eighth day after each unpaid invoice
of Calberson G.E.;

— order the Commission to pay the costs.

Pleas in law and main arguments

The present dispute concerns the performance of lot No 4
organised by Commission Regulation No 1815/1999 of
18 August 1999, relating to the supply of skimmed milk
powder to Russia (1). Under the terms of that transaction,
Alpine, the storage firm of the intervention agency, was to
load the goods on the applicant’s means of transport.

According to the applicant, Alpine initially demanded payment
of additional loading costs and the issue of guarantees for the
return of pallets. The Commission agreed that the applicant
was right to refuse payment, whereupon the intervention
agency was asked to intervene with Alpine and to require it to
drop its claim. Alpine then took much longer than planned
when unloading and loading the applicant’s lorries. Those two
difficulties led to a delay in loading the ship chartered by
Calberson, with demurrage arising for the loss of use of the
vessel both at the port of departure and port of destination.

The applicant alleges that the Commission has incurred both
contractual and non-contractual liability.

therefore entitled to hold the Commission liable, as principal
or master, for the acts of those who have acted on its behalf.
Furthermore, Article 9(3) of Regulation No 111/1999 (2) must
be interpreted as meaning that the intervention agency is liable
for the additional costs incurred by the successful tenderer
where those costs are due to a delay in unloading or in the
making available of the goods by the intervention agency or at
the storage location.

In the alternative, even if the Commission is not guarantor of
the acts of intervening parties, the applicant submits that the
conditions for a finding of non-contractual liability of the
Community are satisfied in the present case.

(1) OJ L 220, 20.8.1999, p. 3.
(2) Commission Regulation (EC) No 111/1999 of 18.1.1999, 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 (OJ L 14, 19.1.1999, p. 3).

Action brought on 11 September 2001 by Forum des
Migrants de l’Union Européenne against the Commission
of the European Communities

(Case T-217/01)

(2001/C 317/67)

(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 11 September 2001 by the Forum
des Migrants de L’Union Européenne (the European Union
Migrants Forum), established in Brussels, represented by
Emmanuel Degrez, lawyer.

The applicant claims that the Court should:

— annul the decision notified to the applicant on 11 July
2001 by the Directorate General for Justice and Home
Affairs of
the Commission terminating the financial
support from the Commission under Article A0-3040 of
the Community budget on the basis of Article 1 of the
general conditions of the grant agreement for the financial
year 2000;

As regards contractual liability, Calberson considers that it
follows from the principles generally accepted in the laws of
all the Member States that the principal is guarantor of the acts
of its agents or those acting on its behalf. The applicant is

— order that the costs and expenses of the case be paid by
the Directorate General for Justice and Home Affairs of
the Commission.