Case T-272/01: Action brought on 15 October 2001 by Philip Morris International Inc. against the Commission of the European Communities
Date: 2002-01-05
Institutions: Court of First Instance
Subjects: European Commission, United States, action for annulment (EU), customs duties, fraud against the EU, tobacco industry

5.1.2002

EN

Official Journal of the European Communities

C 3/45

— infringes Articles 2, 3 and 4 of Annex VII to the Staff
Regulations, Opinion No 178/87 of the board of the
heads of administration of 3 December 1987 and
Articles 3(4) and 4 of Regulation (EEC, Euratom, ECSC)
No 260/68 of the Council of 29 February 1968 laying
down the conditions and procedure for applying the
tax for the benefit of the European Communities, as
inasmuch as the
interpreted by the Court of Justice,
applicant actually maintains his children and is entitled
to have benefits, which are paid to his wife in the name
and on behalf of both parents, taken into account when
calculating tax and calculating the expatriation allowance.

Action brought on 15 October 2001 by Philip Morris
International Inc. against the Commission of the European
Communities

(Case T-272/01)

(2002/C 3/77)

Action brought on 22 October 2001 by Innova Privat-
Akademie GmbH against the Commission of the European
Communities

(Case T-273/01)

(2002/C 3/78)

(Language of the case: German)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 22 October 2001 by Innova Privat-
Akademie GmbH, Berlin, represented by Thomas Kreutzfield,
lawyer.

The applicant claims that the Court should:

— order

the

to the

to pay

defendant

applicant
Euro 104 790 together with interest of 5 % above
the basic rate under paragraph 1 of the Diskontsatz-
U¨ berleitungs-Gesetz of 9.6.1998 of the Federal Republic
of Germany from the date on which the proceedings
became pending;

(Language of the case: English)

— order the defendant to pay the costs of the proceedings.

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 15 October 2001 by Philip Morris
International Inc., represented by Mr Jacques Derenne and
Mr Eric Morgan de Rivery of Liederkerke Siméon Wessing
Houthoff, Brussels (Belgium).

The applicant claims that the Court should:

— annul the Contested Act resulting in the filing of the
Complaint on 6 August 2001 before the New York
District Court
as publicly
the
announced by the Commission in Press Release
IP/01/1193 of 6 August 2001;

applicant,

against

— order the Commission to pay the applicant’s costs.

Pleas in law and main arguments

The applicant in the present case is the same undertaking as in
case T-377/00 (1). The facts, grounds and main arguments are
similar to those arising in this case.

(1) Philip Morris International/Commission (OJ C 79 of 10.3.2001,

p. 23).

Pleas in law and main arguments

The applicant applied via a German bank for promotional
funds from the European Commission in order to finance a
project within the framework of the EU ECIP promotional
programme. The subject matter of the applicant’s project was
a feasibility study on a joint venture in the area of professional
training in India.

been approved with a

In March 1999 the bank informed the applicant that the
subsidy of
application had
Euro 115 328. The Commission had given that information
to the bank infomally by telephone. However, the applicant
subsequently received no further information from the Com-
mission.

In 2000 the ECIP project was halted on account of the
irregularities within the Commission which had come to
light in 1999. Despite the above-mentioned agreement, the
applicant received no funds from the ECIP project.

The applicant, which, in reliance on the promotion of the
project, had concluded a contract with a consultancy firm with
respect to the feasibility study, claims damages for the loss
which it has allegedly incurred and claims that the failure to
pay the promotional funds is unlawful and caused the loss
suffered by it.