CELEX: C2000/020/17
Language: en
Date: 2000-01-22 00:00:00
Title: Case C-399/99 P: Appeal brought on 15 October 1999 by Fratelli Murri S.p.A against the order made on 4 August 1999 by the First Chamber of the Court of First Instance of the European Communities in Case T-106/98 between Fratelli Murri SpA and Commission of the European Communities

22.1.2000              EN                    Official Journal of the European Communities                                         C 20/9
— The remaining pleas and main arguments are analogous to               Nor can the scheme and purpose of the provisions relied on
      those put forward in Case C-300/99 p (1).                         be used to deny the plaintiff a claim for damages. If there is no
                                                                        decision, the appellant does not know what action, if any, the
                                                                        decision-making body is taking. The decisive factor is that
(1) OJ C 333 of 20.11.1999, p. 12.                                      silence on the part of that body should not be interpreted as a
                                                                        refusal. Silence is a legal nullity, of no commercial-law or
                                                                        constitutional-law significance as such. The purpose of the
                                                                        action for failure to act is merely to provide the appellant with
                                                                        an additional remedy should it be appropriate to achieve an
                                                                        immediate resolution of the dispute. However, the injured
                                                                        party cannot thereby lose the possibility of interrupting the
                                                                        limitation period. It is not within his control whether or not
                                                                        the body being challenged acts speedily.
Appeal brought on 15 October 1999 by Fratelli Murri
S.p.A against the order made on 4 August 1999 by the
First Chamber of the Court of First Instance of the
                                                                        (1) Not yet published in the Official Journal.
European Communities in Case T-106/98 between Fratelli
Murri SpA and Commission of the European Communi-
                               ties
                        (Case C-399/99 P)
                          (2000/C 20/17)
                                                                        Action brought on 18 October 1999 by the Italian
An appeal against the order made on 4 August 1999 by the                Republic against Commission of the European Communi-
First Chamber of the Court of First Instance of the European                                             ties
Communities in Case T-106/98 between Fratelli Murri SpA
and Commission of the European Communities was brought
before the Court of Justice of the European Communities on                                        (Case C-400/99)
15 October 1999 by Fratelli Murri SpA, represented by
Karl-Gustav von Luschka, Chieming, with an address for
service in Luxembourg at the Chambers of Claude Medernach                                          (2000/C 20/18)
8-10, Rue Mathias Hardt.
                                                                        An action against the Commission of the European Communi-
The appellant claims that the Court should:                             ties was brought before the Court of Justice of the European
                                                                        Communities on 18 October 1999 by the Commission of the
I.    Set aside the order of the Court of First Instance in Case        European Communities, represented by Umberto Leanza,
      T-106/98 (1) of 4 August 1999 and order the respondent            assisted by Piero Giorgio Ferri, Avvocato dello Stato, with an
      to pay the appellant USD 7 923 791 plus 10 % interest as          address for service in Luxembourg at the Italian Embassy, 5
      from 25 September 1991;                                           Rue Marie-Adélaïde.
II. Order the respondent to pay the costs.                              The applicant claims that the Court should:
                                                                        — annul the Commission’s letter of 6 August 1999 (1) to the
Pleas in law and main arguments                                              extent necessary;
Infringement of Community law. The appellant complains that             — order the Commission to pay the costs.
the Court of First Instance misinterpreted the scope of the
second paragraph of Article 175 of the Treaty (now, after
amendment, Article 232 EC). The period laid down in the
                                                                        Pleas in law and main arguments
second paragraph of Article 175 is not eliminatory in regard
to claims for compensation for damage. Article 43 of the EC
Statute of the Court of Justice provides that the period laid           The Italian Republic contests the letter of 6 August 1999 on
down in the second paragraph of Article 175 is to apply only            the following grounds:
‘where appropriate’. The same is true of the wording of the
second paragraph of Article 175 itself, which merely permits,
but does not require, an action for failure to act to be brought        — breach of the principle of legal certainty and the rules on
(‘... the action may be brought ...’). The provision does not                transparency with regard to Regulation No 659/99/EC (2);
establish any connection between non-compliance with the
period for bringing an action for failure to act and loss or            — breach of the right to be heard and rights of the defence and
limitation of the right to bring a claim for damages.                        infringement of Article 11(1) of Regulation No 659/99/EC;