Case T-317/02: Action brought on 16 October 2002 by Fédération des Industries Condimentaires de France and Others against Commission of the European Communities
Date: 2002-12-21
Institutions: Court of First Instance
Subjects: United States, World Trade Organisation, action for annulment (EU), condiment, customs duties, import, infringement of EU law, restriction on competition

21.12.2002

EN

Official Journal of the European Communities

C 323/37

Action brought on 10 October 2002 by Svend Klitgaard
against the Commission of the European Communities

Action brought on 16 October 2002 by Fédération des
Industries Condimentaires de France and Others against
Commission of the European Communities

(Case T-315/02)

(2002/C 323/61)

(Language of the case: Danish)

(Case T-317/02)

(2002/C 323/62)

(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 10 October 2002 by Svend
Klitgaard, of Skørping (Denmark), represented by Søren Koll
Espensen, advokat.

The applicant claims that the Court should:

— Order the defendant to pay to the applicant an amount
totalling EUR 19 867.40 plus interest from 30 April
2002 and a collection fee of EUR 8 100 or EUR 592,95,
together with interest thereon from 30 March 2002 until
final payment, at the rate offered by the Danish National
Bank plus 5 %.

Pleas in law and main arguments

The applicant and defendant entered into a contract
in
December 1997 under which the applicant was to provide
assistance in the auditing of a specified number of projects,
coordination of network activities between those projects and
membership of the steering committee for the PLAN project.

According to the applicant, the defendant has paid in full the
fees owing to the applicant but the applicant has not obtained
reimbursement
total
travel
EUR 19 867,40.

expenses, which

his

of

The applicant submits that payment of the amount claimed
was a matter agreed on pursuant to the contract entered into
by the parties, under which the defendant is obligated to pay
documented travel and subsistence expenses. Moreover, by its
conduct and the fact that it has honoured all instalments of
the fees payable, the defendant has indirectly accepted its
obligation to pay positive expenditure as requested by the
applicant.

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 16 October 2002 by Fédération
des Industries Condimentaires de France, established in Paris,
the Confédération Générale des Producteurs de lait de brebis
et des Industriels du Roquefort, established in Millau (France),
the Comité Economique Agricole Régional fruits et légumes
de Bretagne, established in Morlaix (France) and the Comité
Interprofessionnel des Palmipèdes à foie gras, established in
Paris, represented by Michel Jacquot and Olivier Prost, avocats.

The applicant claims that the Court should:

— annul the decision of 9 July 2002 terminating the
examination procedures concerning obstacles to trade,
within the meaning of Council Regulation (EC) No 3286/
94, consisting of trade practices maintained by the United
States of America in relation to imports of prepared
mustard;

— order the Commission to pay the costs.

Pleas in law and main arguments

Since 1999 the applicants have been and continue to be
subject to the application by the United States of America of a
100 % increase in customs duties as a result of the ‘beef
hormones’ case before the World Trade Organisation.

One of the applicants lodged a complaint on the basis of
Council Regulation (EC) No 3286/94 (1), in particular those
established under the auspices of the World Trade Organis-
ation. The remaining applicants joined the complainant in that
complaint.

Following that complaint, the Commission decided to open
an examination procedure. By the contested decision, the
Commission decided to terminate that procedure.

C 323/38

EN

Official Journal of the European Communities

21.12.2002

In support of their application, the applicants allege infringe-
ment of Article 3(2) of Regulation No 3286/94 (EC). According
to the applicants, the Commission misassessed the definition
of ‘obstacle to trade’.

on 22 October 2002 by Monika Esch-Leonhardt, Frankfurt
(Germany), Tillmann Frommhold, Karben (Germany), and
Emmanuel Larue, Frankfurt (Germany), represented by B. Kart-
haus, C. Roth and T. Raab-Rhein (lawyers), with an address for
service in Luxembourg.

The applicants claim, next, that that misassessment necessarily
implies infringement of Article 2(4) of Regulation No 3286/
94 (EC) as regards assessment of the adverse trade effects
arising from the United States measures.

The applicants take the view, moreover, that the Commission
infringed, in its examination of the adverse trade effects, the
obligation to have regard to the provisions, principles or
practice which govern the right of action under relevant
international rules, contained in Article 10(5) of Regulation
No 3286/94 (EC).

The applicants further claim that the Commission, when
deciding to terminate the procedure, restricted the concept of
interests of the Community to the interests of the complainant
alone, contrary to Article 10 of Regulation No 3286/94 (EC).

The applicants also allege breach of the obligation to provide
a statement of reasons, both as regards the analysis of the
obstacles to trade and the interests of
the Community,
infringement of Article 2(4) and Article 11(1) of Regulation
No 3286/94 (EC) and a manifest error of assessment of
the facts. Finally, the applicants allege infringement by the
Commission of the rights of the defence and breach of the
duty to exercise due care.

The applicants claims that the Court should:

1.

2.

3.

4.

5.

declare the inclusion of the Director of Personnel’s letter
of 4 December 2001 in the applicants’ personal files to
be of no legal effect;

in the alternative, declare void the defendant’s refusal to
remove the Director of Personnel’s letter of 4 December
2001 from the applicants’ personal files;

declare void the defendant’s refusal to number the pages
of the personal files in sequence;

order the defendant to pay the applicants damages of
EUR 1 by way of compensation for non-pecuniary loss;

as an alternative to claims 1 to 3, order the defendant to
remove the Director of Personnel’s letter of 4 December
2001 from the personal files;

6.

order the defendant to pay the costs of the proceedings.

( 1) Council Regulation (EC) No 3286/94 of 22 December 1994
laying down Community procedures in the field of the common
commercial policy in order to ensure the exercise of the Com-
munity’s rights under international trade rules.

Pleas in law and main arguments

Action brought on 22 October 2002 by Monika Esch-
Leonhardt, Tillmann Frommhold and Emmanuel Larue
against the European Central Bank

(Case T-320/02)

(2002/C 323/63)

(Language of the case: German)

The applicants, employees of the European Central Bank,
complain that a document sent to them by the defendant
warning them to refrain in the future from circulating infor-
mation about the union via the defendant’s internal e-mail
system was included in their respective personal files.

The applicants regard the warning itself, and in particular the
storage thereof, as a breach of their right to determine what
information is placed on the file and an infringement of their
right to carry out activities connected with the union. In
addition, the measure amounts to discrimination on account
of their union activities.

An action against the European Central Bank was brought
before the Court of First Instance of the European Communities

The applicants also submit that their rights have been infringed
in that the pages of their personal files have not been numbered
in sequence, with the result that it is not possible to check
which documents are placed on, or removed from, those files.