Case T-380/03: Action brought on 20 November 2003 by Korn-OG Foderstof Kompagniet against the Commission of the European Communities
Date: 2004-01-24
Institutions: Court of First Instance
Subjects: European Commission, Russia, action for annulment (EU), delivery, rye

24.1.2004

EN

Official Journal of the European Union

C 21/41

— The Commission must accept liability for the recipient
country’s fault on contractual principles, since it used the
recipient country for taking delivery. The delay is there-
fore within its sphere of responsibility. The Commission
has in principle recognised the applicant’s entitlement to
compensation.

— The basis of the applicant’s claim in respect of delay is
the wrongful declaration that the security deposited by
the applicant was forfeit. The Commission fulfilled its
obligations towards the applicant only after a year had
elapsed. Admittedly, the applicant did not have direct
contact in this regard with the Commission, but the
national payments office, the Bundesanstalt für Landwirt-
schaft und Ernährung, acted in this respect merely as the
payments office of the Commission.

Action brought on 20 November 2003 by Korn-OG
Foderstof Kompagniet against the Commission of the
European Communities

(Case T-380/03)

(2004/C 21/84)

(Language of the case: German)

An action against the Commission of the European Communi-
ties was brought before the Court of First
Instance on
20 November 2003 by Korn-OG Foderstof Kompagniet, of
Viby (Denmark), represented by L. Harings and K. Landry,
lawyers, with an address for service in Luxembourg.

The applicant claims that the Court should:

1.

order the defendant to pay to the applicant:

— 82 702,12 EUR

— 10 394,00 USD, together with interest at the rate of
5 % above the applicable Danish minimum lending
rate from 1 November 1999, or alternatively since
the lodging of the application, and

Action brought on 14 November 2003 by Izar Construc-
ciones Navales SA against Commission of the European
Communities

— 828,73 USD;

2.

order the defendant, in accordance with Article 87(2) of
the Rules of Procedure of the Court, to pay the applicant’s
costs.

Pleas in law and main arguments

The applicant’s claim for compensation from the Commission
is brought under Article 238 EC and concerns a contract for
the supply of rye for breadmaking to the Russian Federation.
In addition, it makes a claim on account of delay.

The applicant’s arguments are as follows:

— It was awarded a contract for delivery of rye for bread-
making to the Russian Federation in accordance with
Regulation (EC) No 111/1999. It has suffered consider-
able damage due to the unwarranted delay in the
acceptance of the delivery by the recipient country. The
delay arose because the Russian Federation complained
initially of defects in the goods delivered. However, after
closer investigation by the Commission, no such defects
were found. The applicant had to fund the sums paid to
the Bundesanstalt für Landwirtschaft und Ernährung in
Deutschland (BLE, German Federal Institute for Agri-
culture and Food) for a period of approximately one year.

(Case T-381/03)

(2004/C 21/85)

(Language of the case: Spanish)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 14 November 2003 by Izar
Construcciones Navales SA, whose registered office is at
Madrid, represented by Jaime Folguera Crespo, Edurne Navarro
Varona and Alfonso Gutiérrez Hernández, lawyers.

The applicant claims that the Court should:

— Annul, pursuant to Article 230 of the EC Treaty, the
decision of the Commission of 27 May 2003 on the
suspected aid granted to the Spanish State shipyards, and

— Order the Commission to pay the costs incurred by IZAR

in these proceedings.