CELEX: C2002/323/61
Language: en
Date: 2002-12-21 00:00:00
Title: Case T-315/02: Action brought on 10 October 2002 by Svend Klitgaard against the Commission of the European Communities

21.12.2002            EN                     Official Journal of the European Communities                                      C 323/37
Action brought on 10 October 2002 by Svend Klitgaard                    Action brought on 16 October 2002 by Fédération des
  against the Commission of the European Communities                    Industries Condimentaires de France and Others against
                                                                                 Commission of the European Communities
                        (Case T-315/02)
                                                                                                 (Case T-317/02)
                        (2002/C 323/61)
                                                                                                 (2002/C 323/62)
                  (Language of the case: Danish)
                                                                                           (Language of the case: French)
An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the              An action against the Commission of the European Communi-
European Communities on 10 October 2002 by Svend                        ties was brought before the Court of First Instance of the
Klitgaard, of Skørping (Denmark), represented by Søren Koll             European Communities on 16 October 2002 by Fédération
Espensen, advokat.                                                      des Industries Condimentaires de France, established in Paris,
                                                                        the Confédération Générale des Producteurs de lait de brebis
                                                                        et des Industriels du Roquefort, established in Millau (France),
                                                                        the Comité Economique Agricole Régional fruits et légumes
The applicant claims that the Court should:                             de Bretagne, established in Morlaix (France) and the Comité
                                                                        Interprofessionnel des Palmipèdes à foie gras, established in
—     Order the defendant to pay to the applicant an amount             Paris, represented by Michel Jacquot and Olivier Prost, avocats.
      totalling EUR 19 867.40 plus interest from 30 April
      2002 and a collection fee of EUR 8 100 or EUR 592,95,
      together with interest thereon from 30 March 2002 until           The applicant claims that the Court should:
      final payment, at the rate offered by the Danish National
      Bank plus 5 %.
                                                                        —     annul the decision of 9 July 2002 terminating the
                                                                              examination procedures concerning obstacles to trade,
                                                                              within the meaning of Council Regulation (EC) No 3286/
                                                                              94, consisting of trade practices maintained by the United
Pleas in law and main arguments                                               States of America in relation to imports of prepared
                                                                              mustard;
The applicant and defendant entered into a contract in                  —     order the Commission to pay the costs.
December 1997 under which the applicant was to provide
assistance in the auditing of a specified number of projects,
coordination of network activities between those projects and
membership of the steering committee for the PLAN project.
                                                                        Pleas in law and main arguments
According to the applicant, the defendant has paid in full the
fees owing to the applicant but the applicant has not obtained          Since 1999 the applicants have been and continue to be
reimbursement of his travel expenses, which total                       subject to the application by the United States of America of a
EUR 19 867,40.                                                          100 % increase in customs duties as a result of the ‘beef
                                                                        hormones’ case before the World Trade Organisation.
The applicant submits that payment of the amount claimed
was a matter agreed on pursuant to the contract entered into            One of the applicants lodged a complaint on the basis of
by the parties, under which the defendant is obligated to pay           Council Regulation (EC) No 3286/94 (1), in particular those
documented travel and subsistence expenses. Moreover, by its            established under the auspices of the World Trade Organis-
conduct and the fact that it has honoured all instalments of            ation. The remaining applicants joined the complainant in that
the fees payable, the defendant has indirectly accepted its             complaint.
obligation to pay positive expenditure as requested by the
applicant.
                                                                        Following that complaint, the Commission decided to open
                                                                        an examination procedure. By the contested decision, the
                                                                        Commission decided to terminate that procedure.