CELEX: C2001/095/31
Language: en
Date: 2001-03-24 00:00:00
Title: Case T-3/01: Action brought on 4 January 2001 by Eerste Nederlandse Cement Industrie (ENCI) NV against the Commission of the European Communities

C 95/16               EN                     Official Journal of the European Communities                                    24.3.2001
Infringement of the right to put forward a proper defence: if           Pleas in law and main arguments
an undertaking on which the Commission has wrongly
imposed a fine is not entitled to claim lost interest, it is in
effect not in a position to mount a full defence against                The pleas in law and main arguments are the same as in Case
decisions wrongly addressed to it by the Commission.                    T-2/01.
Unjustified enrichment.
Since there exists no generally applicable rate of interest, the
applicant bases its calculation of the interest on the percentage
charged by the Commission when fixing the amount to be
paid by undertakings which have delayed paying a justified
                                                                        Action brought on 4 January 2001 by Istituto Nazionale
fine.
                                                                        Istruzione Professionale Agricola — I.N.I.P.A. and Others
                                                                            against Commission of the European Communities
                                                                                                  (Case T-5/01)
                                                                                                 (2001/C 95/32)
                                                                                           (Language of the case: Italian)
Action brought on 4 January 2001 by Eerste Nederlandse
Cement Industrie (ENCI) NV against the Commission of
                 the European Communities                               An action against the Commission of the European Communi-
                                                                        ties was brought before the Court of First Instance of the
                                                                        European Communities on 4 January 2001 by the Istituto
                          (Case T-3/01)                                 Nazionale Istruzione Professionale Agricola — I.N.I.P.A. and
                                                                        Others, represented by Giovanni Pesce and Filippo Brunetti,
                                                                        with an address for service in Luxembourg.
                         (2001/C 95/31)
                                                                        The applicants claim that the Court should:
                  (Language of the Case: Dutch)
                                                                        —     uphold the application and order the defendant to pay
                                                                              the costs.
An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 4 January 2001 by Eerste Neder-                 Pleas in law and main arguments
landse Cement Industrie (ENCI) NV, established at ’s-Hertogen-
bosch (Netherlands), represented by M.B.W. Biesheuvel and
R. Wesseling, of The Hague Bar, with an address for service in          The present application is directed against the decision con-
Luxembourg at the Chambers of M. Loesch, 11 Rue Goethe.                 tained in the letter dated 27 October 2000 (D13118), signed
                                                                        by the Director General of the European Commission, Direc-
                                                                        torate-General for Health and Consumer Protection, by which
The applicant claims that the Court should:                             the applicant consortium of undertakings was informed that
                                                                        they had been excluded from the tendering procedure relating
—     annul the Commission’s decision of 23 November 2000               to the information campaign on food safety in Member States
      refusing to pay ENCI interest on the fine improperly              for 2000 and 2001.
      imposed on it;
                                                                        The rejection at issue is based on the lack of evidence of:
—     order the Commission to pay to ENCI interest at the rate
      of 8,75 %, or at least at an appropriate rate, on                 —     at least three years’ of experience in cooperation with a
      7 316 000 euro for the period from 3 May 1995 to                        consumer organisation; and
      23 November 2000, together with interest at the rate of
      6,23 % on that sum for the period from 23 November
      2000 until payment of the interest by the Commission to           —     ability to involve the consumer organisations in the
      ENCI;                                                                   campaign.
—     order the Commission to pay the costs.                            In support of its arguments, the applicant consortium alleges: