CELEX: C2004/021/84
Language: en
Date: 2004-01-24 00:00:00
Title: Case T-380/03: Action brought on 20 November 2003 by Korn-OG Foderstof Kompagniet against the Commission of the European Communities

24.1.2004              EN                         Official Journal of the European Union                                           C 21/41
Action brought on 20 November 2003 by Korn-OG                             —    The Commission must accept liability for the recipient
Foderstof Kompagniet against the Commission of the                             country’s fault on contractual principles, since it used the
                     European Communities                                      recipient country for taking delivery. The delay is there-
                                                                               fore within its sphere of responsibility. The Commission
                                                                               has in principle recognised the applicant’s entitlement to
                          (Case T-380/03)                                      compensation.
                           (2004/C 21/84)
                                                                          —    The basis of the applicant’s claim in respect of delay is
                                                                               the wrongful declaration that the security deposited by
                   (Language of the case: German)                              the applicant was forfeit. The Commission fulfilled its
                                                                               obligations towards the applicant only after a year had
                                                                               elapsed. Admittedly, the applicant did not have direct
                                                                               contact in this regard with the Commission, but the
An action against the Commission of the European Communi-                      national payments office, the Bundesanstalt für Landwirt-
ties was brought before the Court of First Instance on                         schaft und Ernährung, acted in this respect merely as the
20 November 2003 by Korn-OG Foderstof Kompagniet, of                           payments office of the Commission.
Viby (Denmark), represented by L. Harings and K. Landry,
lawyers, with an address for service in Luxembourg.
The applicant claims that the Court should:
1.    order the defendant to pay to the applicant:
      —     82 702,12 EUR
      —     10 394,00 USD, together with interest at the rate of          Action brought on 14 November 2003 by Izar Construc-
            5 % above the applicable Danish minimum lending               ciones Navales SA against Commission of the European
            rate from 1 November 1999, or alternatively since                                      Communities
            the lodging of the application, and
      —     828,73 USD;                                                                          (Case T-381/03)
2.    order the defendant, in accordance with Article 87(2) of
      the Rules of Procedure of the Court, to pay the applicant’s
                                                                                                  (2004/C 21/85)
      costs.
                                                                                           (Language of the case: Spanish)
Pleas in law and main arguments
The applicant’s claim for compensation from the Commission
is brought under Article 238 EC and concerns a contract for
the supply of rye for breadmaking to the Russian Federation.              An action against the Commission of the European Communi-
In addition, it makes a claim on account of delay.                        ties was brought before the Court of First Instance of the
                                                                          European Communities on 14 November 2003 by Izar
                                                                          Construcciones Navales SA, whose registered office is at
                                                                          Madrid, represented by Jaime Folguera Crespo, Edurne Navarro
The applicant’s arguments are as follows:
                                                                          Varona and Alfonso Gutiérrez Hernández, lawyers.
—     It was awarded a contract for delivery of rye for bread-
      making to the Russian Federation in accordance with
      Regulation (EC) No 111/1999. It has suffered consider-              The applicant claims that the Court should:
      able damage due to the unwarranted delay in the
      acceptance of the delivery by the recipient country. The
      delay arose because the Russian Federation complained               —    Annul, pursuant to Article 230 of the EC Treaty, the
      initially of defects in the goods delivered. However, after              decision of the Commission of 27 May 2003 on the
      closer investigation by the Commission, no such defects                  suspected aid granted to the Spanish State shipyards, and
      were found. The applicant had to fund the sums paid to
      the Bundesanstalt für Landwirtschaft und Ernährung in
      Deutschland (BLE, German Federal Institute for Agri-                —    Order the Commission to pay the costs incurred by IZAR
      culture and Food) for a period of approximately one year.                in these proceedings.