CELEX: C2001/245/42
Language: en
Date: 2001-09-01 00:00:00
Title: Case T-137/01: Action brought on 19 June 2001 by Stadtsportverband Neuss e.V. against Commission of the European Communities

C 245/26               EN                     Official Journal of the European Communities                                        1.9.2001
The dispute between the parties concerns the question of the             Pleas in law and main arguments
costs which the applicant must bear, in accordance with
Article 6 of Regulation (EC) No 1135/1999, in its capacity as
a party awarded a contract for the procurement of agricultural           The applicant contests the abovementioned recovery decision
products.                                                                of the Commission demanding partial repayment of a total
                                                                         sum of EUR 20 000 transferred to the applicant in the
                                                                         context of the Eurathlon programme, in the amount of
The applicant argues that Article 6 of Regulation (EC)                   DEM 31 911,11, on the ground of impermissible profit.
No 1135/1999 does not oblige the party awarded the procure-
ment contract to draw up the transport documents for the
delivery of the goods to Russia by the party awarded the                 The applicant submits that the conditions for a demand for
transport contract, or to bear the costs thereof. All costs arising      repayment of the subsidy given, agreed between the parties
from the transport side of the tender were the responsibility of         when the subsidy was granted, are not met. In particular, the
the party awarded the transport contract. It was impossible for          final accounts for the project do not show a profit, so that the
the procurer to supply appropriate transport documents.                  demand for repayment is unlawful. The defendant might at
                                                                         most be entitled to a proportionate share of 18,4 % of the
                                                                         surplus. It is, however, demanding payment of the entire
In the alternative, the applicant bases its claim on failure by          (incorrectly calculated) surplus.
the Commission to fulfil its precontractual duty of providing
information. As the interpretation of the provision in dispute,
and thus the scope of the contractual obligation, was not                Moreover, the applicant relies on limitation of the defendant’s
clearly formulated, the Commission should have informed the              claims. It submits that the ISO 1994 event took place in 1994,
applicant on the point. Failure to provide such information              and any claims for repayment arose in that year. The notice to
caused loss to the applicant.                                            pay dates from 9 April 2001, however, and was therefore
                                                                         made at least six years in law after the alleged debt arose.
(1) In accordance with Council Regulation (EC) No 2802/98 of
    17 December 1998 on a programme to supply agricultural
    products to the Russian Federation (OJ 1998 L 349, p. 12) and
    Commission Regulation (EC) No 111/1999 of 18 January 1999
    laying down general rules for the application of Council Regu-
    lation (EC) No 2802/98 on a programme to supply agricultural
    products to the Russian Federation (OJ 1999 L 14, p. 3).             Action brought on 19 June 2001 by Comafrica SpA
(2) OJ 1999 L 135, p. 85.                                                and Dole Fresh Fruit Europe Ltd. & Co. against the
(3) OJ 1999 L 242, p. 13.                                                         Commission of the European Communities
                                                                                                  (Case T-139/01)
                                                                                                 (2001/C 245/43)
Action brought on 19 June 2001 by Stadtsportverband
Neuss e.V. against Commission of the European Com-                                          (Language of the case: English)
                             munities
                                                                         An action against the Commission of the European Communi-
                         (Case T-137/01)                                 ties was brought before the Court of First Instance of the
                                                                         European Communities on 19 June 2001 by Comafrica SpA,
                         (2001/C 245/42)                                 Genoa, Italy, and Dole Fresh Fruit Europe Ltd. & Co., Ham-
                                                                         burg, Germany, represented by Bernard O’Connor and Philip
                                                                         Bastos G. Martin of O’Connor and Company, Brussels
                   (Language of the case: German)                        (Belgium).
An action against the Commission of the European Communi-                The applicant claims that the Court should:
ties was brought before the Court of First Instance of the
European Communities on 19 June 2001 by Stadtsportver-                   —     declare the application admissible;
band Neuss e.V. of Neuss, Germany, represented by Heinz
Günther Hüsch, lawyer.                                                   —     declare void, pursuant to Articles 230 and 231 EC,
                                                                               Commission Regulation (EC) No 896/2001 in so far as it
                                                                               affects the applicants, or in the alternative to declare the
The applicant claims that the Court should:                                    said regulation void erga omnes;
—      Annul the recovery decision of the European Commission            —     declare void, pursuant to Articles 230 and 231 EC,
       of 9 April 2001, account number 3240302372;                             Commission Regulation (EC) No 1121/2001 in so far as
                                                                               it affects the applicants, alternatively, to declare the said
—      Order the defendant to pay the costs.                                   regulation void erga omnes;