CELEX: C2001/317/71
Language: en
Date: 2001-11-10 00:00:00
Title: Removal from the Register of Case T-42/00

C 317/36               EN                     Official Journal of the European Communities                                    10.11.2001
According to the applicant, the company managing the store               23 September 1999, the contract in respect of Lot No 5 for
did not properly carry out its loading obligations, and as the           the transport of 6 500 tonnes of skimmed-milk powder from
Polish police found overloading, they levied fines on the                Ireland to Russia.
applicant. Also, the managing company required prior pay-
ment of the additional charges for those loading operations.             According to the applicant the intervention agency, the
                                                                         Department of Agriculture, Food and Rural Development
In support of its claims, the applicant relies on the contractual        (D.A.F.) sent it the goods with substantial delay, which forced
and non-contractual liability of the Commission.                         it to pay demurrage to the owner of the ship which it had
                                                                         chartered.
The applicant relies on the same arguments as in Case                    In support of its claims seeking compensation for the losses
T-215/01, taking account of the fact that in the present case            suffered, the applicant pleads contractual liability and, alterna-
the additional charges were caused by the actions of the                 tively, non-contractual liability of the Commission by putting
warehouse of the intervention agency, which required prior               forward pleas and arguments similar to those presented in
payment of an additional sum for releasing and loading the               Case T-215/01.
goods and carried out the relevant operations badly, exposing
the applicant to the fines.
                                                                         (1) Commission Regulation (CE) No 1815/1999 of 18 August 1999
                                                                             on the supply of skimmed-milk powder to Russia (OJ 1999 L 220,
                                                                             p. 13).
Action brought on 24 September 2001 by Calberson G.E.
  against the Commission of the European Communities                             Removal from the Register of Case T-42/00 (1)
                         (Case T-221/01)                                                          (2001/C 317/71)
                         (2001/C 317/70)                                                    (Language of the case: German)
                   (Language of the case: French)                        By order of 5 June 2001, the President of the Second Chamber
                                                                         of the Court of First Instance of the European Communities
                                                                         has ordered the removal from the Register of Case
An action against the Commission of the European Communi-                T-42/00, City-Broker Deutschland GmbH v the Office for
ties was brought before the Court of First Instance of the               Harmonisation in the Internal Market (Trade Marks and
European Communities on 24 September 2001 by Calberson                   Designs).
G.E., a company established in Paris, represented by Thierry
Gallois, lawyer.
                                                                         (1) OJ C 135 of 13.5.00.
The applicant claims that the Court should:
—     order the Commission to pay to the applicant compen-
      sation equal to the totals of invoices BRU 114 4316
      (USD 25 761,11) and BRU 413 1828 (23 115,49 Euros);                       Removal from the Register of Case T-359/00 (1)
—     order interest at the legal rate to be added to the                                         (2001/C 317/72)
      compensation from the 8th day following each unpaid
      invoice;                                                                              (Language of the case: Spanish)
—     order that all the costs be paid by the Commission.                By order of 21 June 2001, the President of the Fourth Chamber
                                                                         of the Court of First Instance of the European Communities
                                                                         has ordered the removal from the Register of Case T-359/00,
                                                                         Organización de Productores Asociados de Grandes Atuneros
Pleas in law and principal arguments                                     Congeladores (OPAGAC) y Empresarios Asociados v Com-
                                                                         mission of the European Communities.
The applicant states that, in the context of Regulation
No 1815/1999 (1), the Commission awarded it, by decision of              (1) OJ C 45 of 10.2.01.