CELEX: C1995/268/55
Language: en
Date: 1995-10-14 00:00:00
Title: Action brought on 20 July 1995 by INEF - Instituto Europeu de Formaçao Profissional, Lda, against the Commission of the European Communities (Case T-151/95)

No C 268/26          EN                    Official Journal of the European Communities                                   14 . 10 . 95
10 August 1982, should be penalized by payment of                     the conditions to which the Commission made subject
damages to compensate for the non-material damage                     approval of the programme in question. The applicant
suffered, to which should be added reimbursement of the               affirms in this respect that it has scrupulously complied with
fees of the doctors whom he was obliged to consult in the             both the rules and the conditions and stresses in particular
course of this procedure .                                            the fact that there was never any mention of any prohibition
                                                                      whatsoever on subcontracting. The applicant also claims
                                                                      that, in the present case, there has been a breach of the
                                                                      legitimate expectations flowing from the initial approval of
                                                                      the project.
Action brought on 20 July 1995 by INEF — Instituto
Europeu de Formaçao Profissional, Lda, against the
         Commission of the European Communities
                       ( Case T-151 /95 )
                         ( 95/C 268/55 )                              Action brought on 24 July 1995 by Odette Nicos Petrides
                                                                      Co Inc against the Commission of the European
             (Language of the case: Portuguese)                                                   Communities
                                                                                               ( Case T-152/95 )
An action against the Commission of the European
Communities was brought before the Court of First                                                ( 95/C 268/56 )
Instance of the European Communities on 20 July 1995 by
INEF — Instituto Europeu de Formaçao Profissional, Lda,                               (Language of the case: French)
whose registered office is at 85 Rua Breiner, Porto,
represented by Bolota Belchior, of the Vila Nova de Gaia              An action against the Commission of the European
Bar, with an address for service in Luxembourg at the                 Communities was brought before the Court of First
Chambers of Dr Jacques Schroeder, Faltz & Associés, 6 Rue             Instance of the European Communities on 24 July 1995 by
Heinrich Heine, Luxembourg.                                           Odette Nicos Petrides Co Inc, established at Kavala
                                                                      ( Greece ), represented by Edouard Didier and Joël Grange,
The applicant claims that the Court should:                           of the Paris Bar, with an address for service in Luxembourg
— annul the decision of the Commission of 2 December
                                                                      at the Chambers of Carlos Zeyen, 67 Rue Ermesinde .
     1991 , notified to the applicant by a letter from the
     Commission of 12 May 1995 ,                                      The applicant claims that the Court should:
— order the Commission to pay the costs .                             — declare that the Commission has incurred liability
                                                                           pursuant to the second paragraph of Article 215 of the
Pleas in law and main arguments adduced in support:                        Treaty of Rome,
The applicant, a Portuguese sociedade por quotas ( limited            — consequently, order the Commission to make good the
liability company ), challenges a decision of the Commission               damage suffered by the applicant and to pay to the latter
in which it decided not to consider eligible, within the                   the sum of ECU 20 403 788 ,
meaning of the Community rules on the European Social
Fund ( ESF) programmes, certain expenditure in respect of a           — order the Commission to pay all of the costs and
training programme intended for 2 740 young persons . On                   expenses, evidence of which will be supplied at a later
the basis of that decision, DAFSE ( Departamento para                      date .
Asuntos do Fundo Social Europeu — the Portuguese
 European Social Fund Agency) required the applicant to                Pleas in law and main arguments adduced in support:
 repay Esc 17 323 265 and Esc 14 173 581 in connection
 with the contributions of the European Social Fund and the            The applicant, a company incorporated under Greek law,
 Portuguese State respectively in the context of financing the         engaged primarily in the processing and sale of tobacco in
 aforementioned programme .                                            Greece and abroad, claims compensation for the damage
                                                                       suffered by it as a result of the Commission's refusal , in June,
 The applicant alleges in the first place that Article 190 of the      August and November 1990 , to allocate to the applicant
 Treaty has been infringed since the contested decision does           certain consignments of tobacco held by the Greek
 not state any reasons or grounds whatsoever for finding not           intervention agency, despite the fact that it had offered the
 eligible the expenditure in question .                                best terms . Thereafter, it was not until 11 months later that
                                                                       those stocks were again placed on the market, but on terms
 Furthermore, the decision is contrary to the rights of the            which a medium-sized undertaking such as the applicant
 defence of the applicant since it was adopted without the             could not possibly fulfil. The Commission decided to sell
 applicant having been heard beforehand.                               105 986 276 kg, divided into 11 consignments. Each of
 Thirdly, contrary to Article 6 of Regulation (EEC)                    those consignments comprised quantities of tobacco of a
 No 2950/83 , the Commission did not give a hearing to the             specified variety which were held by the intervention
 Portuguese State before taking the disputed decision.                 agencies of the various Member States of the Community
                                                                       concerned . That consolidation made it virtually impossible
 Finally, the applicant alleges that there has been an                 for small and medium-sized undertakings to have access to
 infringement of the applicable Community rules as well as of          the tobacco in question, in view of the considerable volumes