Case T-221/01: 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), carrier, intervention agency, intervention stock, skimmed milk powder

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.