Judgment of the Court (Sixth Chamber) of 12 May 2005 in Case C-315/03: Commission of the European Communities v Huhtamaki Dourdan SA (Arbitration clause — Repayment of an advance paid in the course of performance of a research contract — Non-justification of part of the costs)
Date: 2005-07-23
Institutions: Court of Justice
Subjects: European Commission, appeal to the Court (EU), packaging

C 182/8

EN

Official Journal of the European Union

23.7.2005

— on the other hand, the amount thus withheld over a given period
by all the dairies is aggregated before being redistributed, after
possible financial adjustments between the dairies, in the form of
in amount paid by each dairy, per 100
supplements identical
kilogrammes of milk delivered to it during that period, to those
dairy farmers alone who have delivered milk meeting those quality
criteria.

2. Orders Huhtamaki Dourdan SA to pay the costs.

(1) OJ C 213 of 6.9.2003.

(1) OJ C 213 of 06.09.2003.

JUDGMENT OF THE COURT

(Third Chamber)

of 26 May 2005

in Case C-332/03: Commission of the European Commu-
nities v Portuguese Republic (1)

JUDGMENT OF THE COURT

(Sixth Chamber)

of 12 May 2005

in Case C-315/03: Commission of the European Commu-
nities v Huhtamaki Dourdan SA (1)

(Failure of a Member State to fulfil obligations — Fishing —
Conservation and management of resources — Regulations
(EEC) Nos 3760/92 and 2847/93 — Measures of control of
fishing activities)

(Arbitration clause — Repayment of an advance paid in the
course of performance of a research contract — Non-justifi-
cation of part of the costs)

(2005/C 182/16)

(Language of the case: Portuguese)

(2005/C 182/15)

(Language of the case: French)

In Case C-315/03 Commission of the European Commu-
nities (Agent: C. Giolito) v Huhtamaki Dourdan SA, estab-
lished in Dourdan (France), (Lawyers: F. Puel and L. François-
Martin) — action under Article 238 EC, brought on 23 July
2003 — the Court (Sixth Chamber), composed of A. Borg
Barthet, President of the Chamber, J.-P. Puissochet (Rapporteur)
Judges; L. M. Poiares Maduro, Advocate
and S. von Bahr,
General; R. Grass, Registrar, gave a judgment on 12 May 2005,
in which it:

In Case C-332/03 Commission of the European Communities
(Agents: T. van Rijn and A.-M. Alves Vieira) v Portuguese
Republic (Agents: L. Fernandes and M.J. Policarpo) — action
for failure to fulfil obligations under Article 226 EC, brought
on 29 July 2003 — the Court (Third Chamber), composed of
the Chamber,
A. Rosas,
Puissochet
(Rapporteur), S. von Bahr,
J. Malenovský and U. Lõhmus,
Judges; C. Stix-Hackl, Advocate General; R. Grass, Registrar,
gave a judgment on 26 May 2005, in which it:

President of

J.-P.

1. Declares that, by failing, in respect of the fishing years 1994 to

1996,

1. Orders Huhtamaki Dourdan SA to pay the Commission of the
European Communities
the sum of EUR 151 533,47 repre-
senting the total capital of the repayment of part of the advance
paid to it in the context of contract No BRST-CT 98 5422, the
sum of EUR 23 583,63 representing the interest due at the date
of the present judgment, and interest at the rate of 4.81 % on the
total capital still to be repaid with effect from the day after this
judgment and until its debt has been fully repaid;

— to adopt appropriate rules for the use of the quotas allocated

to it,

— to ensure compliance with Community legislation in the field
of conservation, by means of sufficient supervision of fishing
activities and adequate inspection of the fishing fleet and of
the unloading and recording of catches,