Judgment of the Court of First Instance of 9 October 2002 in Case T-134/01: Hans Fuchs Versandschlachterei KG v Commission of the European Communities (Regulation (EC) No 111/1999 — Regulation (EC) No 1135/1999 — Food-aid to Russia — Invitation to tender for mobilisation — Invitation to tender for transport — Contractual relationship — Arbitration clause — Claim for performance of a contract — Admissibility — Provision of certificates for each means of transport — Default interest)
Date: 2002-12-21
Institutions: Court of First Instance
Subjects: European Commission, Russia, appeal to the Court (EU), pigmeat, supply, transport document

C 323/34

EN

Official Journal of the European Communities

21.12.2002

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 9 October 2002

in Case T-134/01: Hans Fuchs Versandschlachterei KG v
Commission of the European Communities (1)

(Regulation (EC) No 111/1999 — Regulation (EC) No 1135/
1999 — Food-aid to Russia — Invitation to tender for
mobilisation — Invitation to tender for transport — Contrac-
tual relationship — Arbitration clause — Claim for perform-
ance of a contract — Admissibility — Provision of certifi-
cates for each means of transport — Default interest)

(2002/C 323/54)

(Language of the case: German)

In Case T-134/01, Hans Fuchs Versandschlachterei KG, estab-
lished in Duisburg (Germany), represented by U. Schrömbges,
L. Harings and C. Hütter,
lawyers, v Commission of the
European Communities (Agent: M. Niejahr): Application for
an order that, primarily, the Commission or, alternatively, the
Bundesanstalt für Landwirtschaft und Ernährung, pay a sum of
DEM 13 130,04 (EUR 6 713,28), plus interest at an annual
rate of 8 % from 1 March 2000, the Court of First Instance
(Second Chamber), composed of: R. M. Moura Ramos, Presi-
dent, J. Pirrung and A. W. H. Meij, Judges; H. Jung, Registrar,
has given a judgment on 9 October 2002, in which it:

1. Orders the Commission to pay to the applicant the sum of
EUR 6 713,28, together with default interest thereon from
2 May 2000 until full payment. The rate of default interest to
be applied is to be calculated on the basis of the European
Central Bank’s rate for its main refinancing operations, in force
during the period concerned, plus two percentage points;

2.

For the rest, dismisses the application;

3. Orders the Commission to pay the costs.

( 1) OJ C 245 of 1.9.2001.

of 3 October 2002

in Case T-6/02: Michael Gerhard Franz Platte v Com-
mission of the European Communities (1)

(Officials — Appointment — Classification in grade —
Article 31(2) of the Staff Regulations)

(2002/C 323/55)

(Language of the case: French)

In Case T-6/02: Michael Gerhard Franz Platte, an official of the
Commission of the European Communities, residing in Tielt-
Winge, Belgium, represented by X. De Kesel and S. Peeters,
lawyers, against Commission of the European Communities
(Agent: V. Joris and C. Berardis-Kayser) — application for
annulment of the Commission’s decision of 31 January 2001
definitively classifying the applicant in grade C 5, step 3 — the
Court of First Instance (Single Judge); B. Pastor, Deputy
Registrar, gave a judgment on 3 October 2002, in which it:

1. Dismissed the application;

2. Ordered each of the parties to bear its own costs.

(1) OJ C 84 of 6.4.02.

ORDER OF THE COURT OF FIRST INSTANCE

of 30 September 2002

in Case T-25/01: Francisco Miguel França v Commission
of the European Communities (1)

(Officials — Special leave for voting — Travelling time —
Supporting evidence — Lack of jurisdiction — Duty of
cooperation and fairness — Principle of proportionality —
Action manifestly devoid of any basis in law)

(2002/C 323/56)

(Language of the case: Portuguese)

In Case T-25/01: Franciso Miguel Viana França, an official of
the Commission of the European Communities, residing in
Brussels, represented by G. Gentil Anastácio, lawyer, against