CELEX: C2002/233/64
Language: en
Date: 2002-09-28 00:00:00
Title: Case T-250/02: Action brought on 20 August 2002 by Autosalone Ispra snc against Commission of the European Communities

28.9.2002              EN                       Official Journal of the European Communities                                       C 233/37
In the alternative, the applicant alleges breach of the principles               an appropriate and equitable rate in the view of the Court
of equality, proportionality and the protection of legitimate                    and order the defendant to pay the costs.
expectations.
                                                                           Pleas in law and main arguments
                                                                           The purpose of these proceedings is to obtain a declaration
Action brought on 20 August 2002 by Autosalone Ispra                       that the EAEC is liable in delict or tort in its own right and/or
  snc against Commission of the European Communities                       jointly and/or severally with other bodies which may be found
                                                                           liable for the events which took place in Ispra on 3 May 2002
                         (Case T-250/02)                                   and the damage suffered as a result. The applicant recalls that
                                                                           on that date it rained extremely heavily in the municipality of
                                                                           Ispra. The premises of the applicant was unexpectedly flooded
                         (2002/C 233/64)
                                                                           following the overflowing of the sewer belonging to the Joint
                                                                           Research Centre of the EAEC-Euratom.
                   (Language of the case: Italian)
                                                                           The applicant points to the danger posed by that sewer and to
An action against the Commission of the European Communi-                  its obvious insufficient capacity to carry off water. The
ties was brought before the Court of First Instance of the                 proprietors moreover negligently, recklessly and incom-
European Communities on 20 August 2002 by Autosalone                       petently failed over the years to provide maintenance intended
Ispra snc, represented by Barbara Casu, lawyer.                            to prevent a recurrence and thus undermined also the safety
                                                                           of the adjacent population.
The applicant claims that the Court should:
                                                                           On the basis of those considerations the applicant takes the
—    order the EAEC-Euratom to compensate Autosalone Ispra                 view that the Community has incurred non-contractual liability
     snc for the all the damage suffered and to be suffered at             under Article 188(2) of the EAEC Treaty.