Case T-315/02: Action brought on 10 October 2002 by Svend Klitgaard against the Commission of the European Communities
Date: 2002-12-21
Institutions: Court of First Instance
Subjects: action for annulment (EU), allowances and expenses, income in addition to normal pay, provision of services, redemption

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.