CELEX: C2001/200/107
Language: en
Date: 2001-07-14 00:00:00
Title: Case T-50/01: Action brought on 2 March 2001 by Saffron Investments N.V. against the Commission of the European Communities

14.7.2001               EN                     Official Journal of the European Communities                                       C 200/57
                                                         COURT OF FIRST INSTANCE
Action brought on 2 March 2001 by Saffron Investments                     The Court of First Instance dismissed the applications while
N.V. against the Commission of the European Communi-                      slightly reducing the fines (2). As a result of that judgment,
                                 ties                                     CMBT Investments N.V. (later known as Saffron Investments
                                                                          N.V), to which CMB Transport N.V.’s obligation to pay the fine
                                                                          had been transferred, and Dafra Lines A/S paid a total amount
                           (Case T-50/01)                                 of EUR 12 033 177,49, covering the amount of the fine plus
                                                                          interest as from the date of the judgment.
                         (2001/C 200/107)
                                                                          The Court of Justice later annulled Articles 6 and 7 of the
                                                                          Cewal Decision in so far as they imposed a fine on CMB N.V.
                   (Language of the case: English)                        and on Dafra Lines A/S (3). As a result of that judgment, the
                                                                          Commission reimbursed the applicant the amount of EUR
                                                                          12 033 177,49 which had originally been paid. However, the
An action against the Commission of the European Communi-                 Commission did not pay any interest or reimburse the costs of
ties was brought before the Court of First Instance of the                the bank guarantee that had initially been obtained in order to
European Communities on 2 March 2001 by Saffron Invest-                   cover the amount of the fines and its interests.
ments N.V., represented by Denis Waelbroeck and Isabelle
Buelens, of Liedekerke Siméon Wessing Houthoff, Brussels                  By letter of 29 December 2000, the Commission replied to
(Belgium).                                                                the applicant’s request for payment of interest and the costs
                                                                          relating to the bank guarantees, stating that it had no obligation
The applicant claims that the Court should:                               to pay such interest or to refund the costs for the bank
                                                                          guarantees.
—     annul the decision of 29 December 2000 of the Com-
      mission, refusing to pay interest (and in particular interest       The applicant seeks the annulment of the Commission’s
      at a rate of 11,25 % pending an appeal and at a rate of             decision and submits that the Commission has infringed Article
      13,25 % thereafter) on an amount of 12 033 177,49                   233 EC (ex Article 176), the principle of proportionality, the
      EUR, representing the fines and accrued late payment                principle of unjust enrichment and the fundamental principle
      interest paid to the Commission and refusing to reimburse           of non-discrimination. Alternatively, it seeks compensation
      the expenses incurred in providing a bank guarantee in              under Articles 235 and 288 EC for damage incurred as a result
      order to cover the amount of the fines and interest until           of the enforcement of the Cewal Decision, as subsequently
      payment on 16 December 1996;                                        annulled in regard to CMB N.V. and Dafra Lines A/S.
—     in the alternative, order the Commission, on the basis of
      Articles 235 and 288 EC, to pay an amount of EUR                    (1) Decision of 23.12.1992, Cewal, OJ L 34 of 10.2.1993, p. 20.
      5 028 037,17 as compensation for damage incurred;                   (2) Judgment of 8.10.1996, in Joined Cases T-24/93-T26/96 and
                                                                              T-28/93 Compagnie Maritime Belge Transports and Others v
                                                                              Commission [1996] ECR II-1201.
—     in any event, order the Commission to pay default interest          (3) Judgment of 16.3.2000 in Joined Cases C-395/96 P and 396/93 P
      on that amount from the date of the judgment of the                     Compagnie Maritime Belge Transports and Others v Commission
      Court, at a rate applied by the European Monetary                       [not yet available in all languages].
      Cooperation Fund on its operation in EURO as deter-
      mined on the day on which the judgment is adopted plus
      one and a half points;
—     order the Commission to bear the costs of the present
      proceedings.
                                                                          Action brought on 30 March 2001 by INNOVA —
                                                                          Centro Euromediterraneo per lo Sviluppo Sostenibile v
Pleas in law and main arguments
                                                                                   Commission of the European Communities
In its Cewal Decision (1), the Commission imposed a fine of                                           (Case T-78/01)
ECU 9 600 000 on CMB N.V. and a fine of ECU 200 000 on
Dafra Lines A/S.                                                                                    (2001/C 200/108)
An action was brought against the decision by CMB N.V. and
its separate legal entity for liner business, CMB Transport N.V.,                             (Language of the case: French)
on the one hand, and Dafra Lines A/S, on the other hand. Bank
guarantees were provided for the amount of the fine and                   An action against the Commission of the European Communi-
interests by both parties.                                                ties was brought before the Court of First Instance on 30 March