CELEX: 62010TA0437
Language: en
Date: 2013-05-16 00:00:00
Title: Case T-437/10: Judgment of the General Court of 16 May 2013 — Gap granen & producten v Commission (Non-contractual liability — Import of high-quality durum wheat — Import duties — Regulation (EC) No 919/2009 — Regulation (EC) No 1249/96 — Sufficiently serious breach of a rule of law conferring rights on individuals — Material loss — Causal link)

29.6.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 189/17
            
         Judgment of the General Court of 16 May 2013 — Gap granen & producten v Commission
   (Case T-437/10) (1)
   
   (Non-contractual liability - Import of high-quality durum wheat - Import duties - Regulation (EC) No 919/2009 - Regulation (EC) No 1249/96 - Sufficiently serious breach of a rule of law conferring rights on individuals - Material loss - Causal link)
   2013/C 189/32
   Language of the case: Dutch
   
      Parties
   
   
      Applicant: Gap granen & producten (Zoersel, Belgium) (represented by: C. Ronse, A. Hansebout, K. Claeyé and J, Muyldermans, lawyers)
   
      Defendant: European Commission (represented by: D. Triantafyllou and B. Burggraaf, Agents)
   
      Re:
   
   Action for compensation under Article 340 TFEU for compensation in respect of the harm allegedly suffered by the applicant as a result of the fixing of import duties on high-quality durum wheat by Commission Regulation (EC) No 919/2009 of 1 October 2009 amending Regulation (EC) No 915/2009 fixing the import duties in the cereals sector applicable from 1 October 2009 (OJ 2009 L 259, p. 5).
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               The European Commission is ordered to compensate Gap SA granen & producten NV for the loss suffered by it as a result of the application of Commission Regulation (EC) No 919/2009 of 1 October 2009 amending Regulation (EC) No 915/2009 fixing the import duties in the cereals sector applicable from 1 October 2009, in so far as that regulation did not take account of the fob quotation or use a calculation method which was representative of actual freight costs for the fixing of import duties for high-quality durum wheat.
            
         
               2.
            
            
               Gap granen & producten and the Commission are ordered to provide the General Court with the amounts to be paid, established by common agreement, within six months of the date of judgment;
            
         
               3.
            
            
               If the parties fail to reach an agreement, Gap granen & producten and the Commission are to provide the General Court with their forms of order sought, including figures, within the same period;
            
         
               4.
            
            
               Costs are reserved.
            
         
      (1)  OJ C 317, 20.11.2010.