CELEX: C2003/239/43
Language: en
Date: 2003-10-04 00:00:00
Title: Case T-265/03: Action brought on 23 July 2003 by Helm Düngemittel GmbH against the Commission of the European Communities

4.10.2003              EN                          Official Journal of the European Union                                            C 239/23
the recitals to the contested decision is inadequate. The                  Pleas in law and main arguments
publication of the standards in the Official Journal is likewise
defective as no reference is made to the fact that the standards,
for the most part, and their annexes (with the exception of
Annex ZA) are not binding and that thermal installation                    In the context of an invitation to tender for the supply of
products only need to comply with Annex ZA in order to bear                artificial fertiliser to North Korea, the applicant was awarded
the EC mark. As regards the substance, the applicants are of               the contract by the Commission. Since the artificial fertiliser
the opinion that the standards in question are incomplete,                 supplied by the applicant was late in reaching its destination,
unclear, imprecise and contradictory and that the system of                the Commission withheld from the applicant a sum of
standards is incoherent. Moreover, the use of the EC mark is               EUR 346 221,20 and refused, finally by letter of 23 May 2003,
misleading since it does not prove that the product complies               to pay the sum concerned to the applicant.
with all European standards but rather only with Annex ZA to
those standards. The contested decision thus fails to meet the
requirements of Directive 89/106, the principle of pro-                    The applicant submits that the delay in delivering the fertiliser
portionality (third paragraph of Article 5 EC) and the require-            can be attributed to restrictions on the export of fertiliser from
ments of consumer protection (Article 95(3) EC).                           China, where it intended to procure the fertiliser for export.
                                                                           As those restrictions were wholly unforeseeable, they may be
                                                                           regarded as a case of force majeure and, consequently, in
( 1) OJ C 358 of 15 December 2001, p. 9.                                   accordance with Article 22(4) of Regulation No 2519/97 (1),
( 2) Council Directive 89/106/EEC of 21 December 1989 on the               no sum may be retained. The applicant also submits that no
     approximation of laws, regulations and administrative provisions      loss was suffered as a result of the late delivery and that
     of the Member States relating to construction products (OJ L 40       retention of the amount is therefore disproportionate to the
     of 11 February 1989, p. 12) as amended by Directive 93/68/EEC         failure to observe the delivery period and is in breach of the
     (OJ L 220 of 30 August 1993, p. 1).
                                                                           Community-law principle of proportionality. The retention
                                                                           also infringes provisions of the Belgian Civil Code, since the
                                                                           Commission did not previously expressly call on the applicant
                                                                           to fulfil that contractual obligation.
                                                                           (1 ) Commission Regulation (EC) No 2519/97 of 16 December 1997
                                                                                laying down general rules for the mobilisation of products to be
                                                                                supplied under Council Regulation (EC) No 1292/96 as Com-
Action brought on 23 July 2003 by Helm Düngemittel                              munity food aid (OJ L 346 of 17.12.1997, p. 23).
GmbH against the Commission of the European Com-
                              munities
                         (Case T-265/03)
                         (2003/C 239/43)
                   (Language of the case: German)                          Action brought on 24 July 2003 by Anna Maria Roccato
                                                                           (Mrs Pinson) against the Commission of the European
                                                                                                      Communities
An action against the Commission of the European Communi-                                            (Case T-267/03)
ties was brought before the Court of First Instance of the
European Communities on 23 July 2003 by Helm Düngemittel
GmbH, Hamburg (Germany), represented by Dr W.P. Wasch-                                               (2003/C 239/44)
mann, lawyer.
                                                                                                (Language of the case: French)
The applicant claims that the Court should:
—      annul the Decision of the Commission of the European
       Communities of 23 May 2003 concerning retention of a                An action against the Commission of the European Communi-
       sum of EUR 346 221,20;
                                                                           ties was brought before the Court of Justice of the European
                                                                           Communities on 24 July 2003 by Anna Maria Roccato,
—      order the Commission of the European Communities to                 residing in Brussels, represented by Georges Vandersanden and
       pay the costs.                                                      Laure Levi, lawyers.