CELEX: C2004/262/71
Language: en
Date: 2004-10-23 00:00:00
Title: Case T-294/04: Action brought on 23 July 2004 by Internationaler Hilfsfonds e.V. against the Commission of the European Communities

23.10.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 262/37
            
         Action brought on 23 July 2004 by Internationaler Hilfsfonds e.V. against the Commission of the European Communities
   (Case T-294/04)
   (2004/C 262/71)
   Language of the case: German
   An action against the Commission of the European Communities was brought before the Court of First Instance of the European Communities on 23 July 2004 by Internationaler Hilfsfonds e.V., Rosbach (Germany), represented by H. Kaltenecker, lawyer.
   The applicant claims that the Court should:
   
               —
            
            
               order the defendant to pay the applicant EUR 54 037.00 on account of material damage suffered by the applicant through conduct by Commission servants in breach of their official duty, and order the Commission to pay the costs.
            
         Pleas in law and main arguments:
   The claimant is a German non-governmental organisation, working in the humanitarian area.
   The applicant maintains that in Case T-321/01 (1), concerning the rejection of two applications by the applicant for co-financing, the Court of First Instance recognised that the Commission's conduct was deficient and annulled the corresponding Commission decision. The applicant argues that, in the pre-judicial proceedings before the European Ombudsman, it incurred substantial costs, the recoverability of which the Court of First Instance did not acknowledge under its Rules of Procedure in the context of Case T-321/01. The applicant therefore sees no alternative to bringing an action against the Commission for non-contractual liablity in accordance with the second paragraph of Article 288 EC.
   
      (1)  Judgment of 18.9.2003 in Case T-321/01 Internationaler Hilfsfonds v Commission, not yet published in the ECR.