CELEX: C2001/317/66
Language: en
Date: 2001-11-10 00:00:00
Title: Case T-215/01: Action brought on 20 September 2001 by Calberson G.E. against Commission of the European Communities

C 317/34               EN                      Official Journal of the European Communities                                       10.11.2001
Action brought on 20 September 2001 by Calberson G.E.                     therefore entitled to hold the Commission liable, as principal
     against Commission of the European Communities                       or master, for the acts of those who have acted on its behalf.
                                                                          Furthermore, Article 9(3) of Regulation No 111/1999 (2) must
                                                                          be interpreted as meaning that the intervention agency is liable
                         (Case T-215/01)                                  for the additional costs incurred by the successful tenderer
                                                                          where those costs are due to a delay in unloading or in the
                         (2001/C 317/66)                                  making available of the goods by the intervention agency or at
                                                                          the storage location.
                    (Language of the case: French)
                                                                          In the alternative, even if the Commission is not guarantor of
An action against the Commission of the European Communi-                 the acts of intervening parties, the applicant submits that the
ties was brought before the Court of First Instance of the                conditions for a finding of non-contractual liability of the
European Communities on 20 September 2001 by Calberson                    Community are satisfied in the present case.
G.E., established in Paris, represented by Thierry Gallois,
lawyer.
                                                                          (1) OJ L 220, 20.8.1999, p. 3.
The applicant claims that the Court should:                               (2) Commission Regulation (EC) No 111/1999 of 18.1.1999, laying
                                                                              down general rules for the application of Council Regulation (EC)
                                                                              No 2802/98 on a programme to supply agricultural products to
—     order the Commission to pay to the applicant by way of                  the Russian Federation (OJ L 14, 19.1.1999, p. 3).
      compensation:
      —     Euros 14 290 .61;
      —     USD 57 859 .56, together with legal interest with
            effect from the eighth day after each unpaid invoice
            of Calberson G.E.;
—     order the Commission to pay the costs.                              Action brought on 11 September 2001 by Forum des
                                                                          Migrants de l’Union Européenne against the Commission
                                                                                           of the European Communities
Pleas in law and main arguments                                                                    (Case T-217/01)
The present dispute concerns the performance of lot No 4                                           (2001/C 317/67)
organised by Commission Regulation No 1815/1999 of
18 August 1999, relating to the supply of skimmed milk
powder to Russia (1). Under the terms of that transaction,                                    (Language of the case: French)
Alpine, the storage firm of the intervention agency, was to
load the goods on the applicant’s means of transport.
                                                                          An action against the Commission of the European Communi-
                                                                          ties was brought before the Court of First Instance of the
According to the applicant, Alpine initially demanded payment             European Communities on 11 September 2001 by the Forum
of additional loading costs and the issue of guarantees for the           des Migrants de L’Union Européenne (the European Union
return of pallets. The Commission agreed that the applicant               Migrants Forum), established in Brussels, represented by
was right to refuse payment, whereupon the intervention                   Emmanuel Degrez, lawyer.
agency was asked to intervene with Alpine and to require it to
drop its claim. Alpine then took much longer than planned
when unloading and loading the applicant’s lorries. Those two             The applicant claims that the Court should:
difficulties led to a delay in loading the ship chartered by
Calberson, with demurrage arising for the loss of use of the              —     annul the decision notified to the applicant on 11 July
vessel both at the port of departure and port of destination.                   2001 by the Directorate General for Justice and Home
                                                                                Affairs of the Commission terminating the financial
                                                                                support from the Commission under Article A0-3040 of
The applicant alleges that the Commission has incurred both
                                                                                the Community budget on the basis of Article 1 of the
contractual and non-contractual liability.
                                                                                general conditions of the grant agreement for the financial
                                                                                year 2000;
As regards contractual liability, Calberson considers that it
follows from the principles generally accepted in the laws of             —     order that the costs and expenses of the case be paid by
all the Member States that the principal is guarantor of the acts               the Directorate General for Justice and Home Affairs of
of its agents or those acting on its behalf. The applicant is                   the Commission.