A LOWER LEVEL THAN THAT WHICH WOULD HAVE ARISEN FROM THE CLOSURE OF ITS PLANT . IN SUCH CIRCUMSTANCES THE DAMAGE ALLEGED BY THAT APPLICANT CANNOT BE SAID TO HAVE BEEN CAUSED BY THE ABOLITION OF THE REFUNDS FOR GRITZ AND THE COMMUNITY CANNOT BE REQUIRED TO MAKE GOOD THAT DAMAGE . THEREFORE ITS APPLICATION MUST BE DISMISSED AND THE APPLICANT MUST BE ORDERED TO PAY THE COSTS IN ACCORDANCE WITH ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE .
20 THE OTHER APPLICANTS SUBMITTED A NUMBER OF DOCUMENTS TO THE COURT AS PROOF OF THE QUANTITIES OF GRITZ FOR WHICH THEY CLAIM TO BE ENTITLED TO COMPENSATION AND OF THE AMOUNTS OF THE REFUNDS NOT PAID RESPECT OF THOSE QUANTITIES . HOWEVER , THE COURT IS NOT IN A POSITION AT THIS STAGE OF THE PROCEDURE TO GIVE A DECISION ON THE ACCURACY OF THOSE DATA . THEREFORE , IT IS NECESSARY TO LAY DOWN BY INTERLOCUTORY JUDGMENT THE CRITERIA WHEREBY THE COURT CONSIDERS THAT THE APPLICANTS MUST BE COMPENSATED , LEAVING THE AMOUNT OF THE COMPENSATION TO BE DETERMINED EITHER BY AGREEMENT BETWEEN THE PARTIES OR BY THE COURT IN THE ABSENCE OF SUCH AGREEMENT .
THE CLAIM FOR INTEREST
21 THE APPLICANTS FURTHER CLAIM THAT THE COMMUNITY SHOULD BE ORDERED TO PAY INTEREST AT A RATE OF 6 % FROM DATES WHICH ARE SLIGHTLY EARLIER THAN THE DATES ON WHICH THE ACTIONS WERE BROUGHT , IT BEING ALLEGED THAT THE COMMUNITY ' S LIABILITY FOR THE UNPAID REFUNDS AROSE AT THOSE EARLIER DATES .
22 AS IT IS A QUESTION OF A CLAIM MADE IN RELATION TO THE NON-CONTRACTUAL LIABILITY OF THE COMMUNITY , PURSUANT TO THE SECOND PARAGRAPH OF ARTICLE 215 , IT MUST BE CONSIDERED IN THE LIGHT OF THE PRINCIPLES COMMON TO THE LEGAL SYSTEMS OF THE MEMBER STATES , TO WHICH THAT PROVISION REFERS . IT FOLLOWS THAT A CLAIM FOR INTEREST IS IN GENERAL ADMISSIBLE . TAKING INTO ACCOUNT THE CRITERIA FOR THE ASSESSMENT OF DAMAGES LAID DOWN BY THE COURT , THE OBLIGATION TO PAY INTEREST ARISES ON THE DATE OF THIS JUDGMENT , IN THAT IT ESTABLISHES THE OBLIGATION TO MAKE GOOD THE DAMAGE . THE RATE OF INTEREST WHICH IT IS PROPER TO APPLY IS 6 % .
Operative part
ON THOSE GROUNDS ,
THE COURT ,
A . AS TO THE APPLICATION SUBMITTED BY S.A . MAISERIES BENELUX N.V ., HEREBY :
1 . DISMISSES THE APPLICATION ;
2 . ORDERS THE APPLICANT TO PAY THE COSTS ;
B.AS AN INTERLOCUTORY DECISION , HEREBY :
1 . ORDERS THE EUROPEAN ECONOMIC COMMUNITY TO PAY TO
1 ) DGV , DEUTSCHE GETREIDEVERWERTUNG UND RHEINISCHE KRAFTFUTTERWERKE GMBH , FRANKFURT AM MAIN ,
2)WERHAHN HANSAMUHLE , NEUSS AM RHEIN ,
3)S.P.R.L . MASELIS FRERES , ROESELARE ,
4)CODRICO B.V ., ROTTERDAM ,
5)HANSA-LAGERHAUS STROH , HAMBURG ,
6)B.V . MEELFABRIEK ' ' WEERT ' ' V/H GEBR . VAN DE VENNE , WEERT ,
7)CONTIFEX GETREIDEPRODUKTE GMBH & CO