Case T-373/08: Action brought on 3 September 2008 — Nuova Agricast Srl v Commission
Date: 2008-09-03
Institutions: Court of First Instance
Subjects: Italy, action for annulment (EU), financial year, investment, supervisory body

C 285/50

EN

Official Journal of the European Union

8.11.2008

The applicant essentially relies on two Commission failures,
capable of giving rise to non-contractual liability on the part of
the Commission. More precisely,
first,
errors committed by officials when carrying out their duties,
and, secondly, a failure to monitor funding awarded by the
Commission, breach of Articles 155 EC and Article 311 of the
Fourth Lomé Convention, and of
the general principles of
sound administration, duty of care and protection of legitimate
expectations.

the applicant alleges,

(1) Since 23 June 2000, the Lomé Convention has been replaced by the
Cotonou Agreement (OJ 2000 L 317, p. 3). The applicant still refers
in his application, however, to the Lomé III and IV Conventions.

Action brought on 3 September 2008 — Nuova Agricast
Srl v Commission

(Case T-373/08)

(2008/C 285/90)

Language of the case: Italian

— EUR 2 009 197,00, or such other sum as may be deter-
mined in the course of the proceedings, by way of compen-
sation for the loss of income in the normal management of
the undertaking in the financial year ending 30 June 2005
compared with the income it would have had if the invest-
ment programme had been completed, revalued from 1 July
2005 until the date of judgment; and

— EUR 1 830 564,00, or such other sum as may be deter-
mined in the course of the proceedings, by way of compen-
sation for the loss of income in the normal management of
the undertaking in the financial year ending 30 June 2006
compared with the income it would have had if the invest-
ment programme had been completed, revalued from 1 July
2006 until the date of judgment; and

— EUR 1 947 081,00, or such other sum as may be deter-
mined in the course of the proceedings, by way of compen-
sation for the loss of income in the normal management of
the undertaking in the financial year ending 30 June 2007
compared with the income it would have had if the invest-
ment programme had been completed, revalued from 1 July
2007 until the date of judgment;

— interest on the sums as revalued, calculated from the date of
judgment until satisfied in full, at
the rate set by the
European Central Bank for main refinancing operations,
plus the number of percentage points considered by the
Court to be just, which, in the applicant's view, should be
not fewer than two; and

— the costs of the proceedings, including those of the party's

technical consultancy for 2008.

Parties

Applicant: Nuova Agricast Srl (Cerignola, Italy) (represented by:
M.A. Calabrese, lawyer)

Pleas in law and main arguments

Defendant: Commission of the European Communities

Form of order sought

The applicant claims that the Court of First Instance should
order the defendant to pay it:

— EUR 1 447 249,00, or such other sum as may be deter-
mined in the course of the proceedings, by way of compen-
sation for the loss of income in the normal management of
the undertaking in the financial year ending 30 June 2003
compared with the income it would have had if the invest-
ment programme had been completed, revalued from 1 July
2003 until the date of judgment; and

— EUR 1 432 497,00, or such other sum as may be deter-
mined in the course of the proceedings, by way of compen-
sation for the loss of income in the normal management of
the undertaking in the financial year ending 30 June 2004
compared with the income it would have had if the invest-
ment programme had been completed, revalued from 1 July
2004 until the date of judgment; and

This present action is the natural continuation of the action in
inter alia, an
in which the applicant sought,
Case T-362/05,
order that the Commission pay it compensation for loss of
profit, consisting of the difference between the income from
normal management recorded in balance sheets drawn up on
30 June 2003 and, subsequently, on 30 June 2004, 2005, 2006
and 2007, and the income that would have been obtained from
normal management if the projected investment funds had been
paid in full.

By the present action, the applicant charges the Commission
with the same (or virtually the same) unlawful acts previously
alleged in Case T-362/05. The same complaints concerning the
acts and conduct of the defendant are also set out in this appli-
cation, but take account of the ruling of the Court of Justice of
the European Communities
judgment delivered on
15 April 2008 in Case C-390/06 P Nuova Agricast v Commission.

in its