CELEX: C1998/312/49
Language: en
Date: 1998-10-10 00:00:00
Title: Removal from the register of Case T-285/97

10.10.98              EN                 Official Journal of the European Communities                                 C 312/21
Ð declare that the applicants suffered loss as a result of          point out that the Commission was judge and party in the
    that improper conduct,                                          case and conclude that the defendant institution thus
                                                                    infringed Article 6 of the European Convention on Human
                                                                    Rights.
Ð declare that the Union is required to compensate that
    loss,
                                                                    The applicants submit that, as a result of that unlawful
Ð take formal note that Groupe Perry estimates that loss            conduct, Groupe Perry can no longer continue to work
    to be ECU 10 000 000,                                           with the Commission, which was its only customer, nor is
                                                                    it able to find other customers because of the negative
                                                                    publicity received by it in the international press. Its
Ð take formal note that Isibiris estimates its loss to be           business is therefore ruined and it claims the sum of ECU
    ECU 500 000,                                                    10 000 000 in respect of material and non-material loss.
Ð order the Union to pay all the costs of the
    proceedings.                                                    Isibiris is seeking the sum of ECU 500 000 by way of
                                                                    compensation for non-material loss, together with a
                                                                    declaration that it is not required to repay the sum of
Pleas in law and main arguments adduced in support:                 ECU 540 000 claimed by the Commission.
The applicants are seeking compensation for the loss they
consider they suffered as a result of the steps taken against
them by the Commission because of alleged irregularities
committed by them in the performance of certain
contracts entered into in the context of the European
Union humanitarian aid programmes for Bosnia and the                       Removal from the register of Case T-285/97 (1)
Great Lakes region of Africa. According to the applicants,                                  (98/C 312/49)
the Commission penalised the two companies by failing to
pay the invoices due, by ordering its departments not to
enter into contracts with them, by assigning employees of                          (Language of the case: English)
the Perry Group to other companies and by requiring
Isibiris to repay a large sum of money.
                                                                    By order of 7 July 1998, the President of the Second
The applicants submit that the Commission's action was              Chamber of the Court of First Instance of the European
based on a report drawn up by the Unit for the                      Communities has ordered the removal from the register
Coordination of Fraud Prevention (UCLAF) following an               of Case T-285/97: Kuljetusliike R. Pynnönen Oy v.
enquiry carried out by that body, without first hearing the         Commission of the European Communities.
companies in question, to which it even refused to provide
a copy of the aforementioned reports. Furthermore, they             (1) OJ C 7, 10.1.1998.