CELEX: C2005/229/37
Language: en
Date: 2005-09-17 00:00:00
Title: Order of the Court of First Instance of 9 June 2005 in Case T-265/03 Helm Düngemittel GmbH v Commission of the European Communities (Food aid — Partial seizure of delivery guarantee — Request for repayment of the sum seized — Arbitration clause — Action for annulment — Inadmissibility)

17.9.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 229/18
            
         
      ORDER OF THE COURT OF FIRST INSTANCE
   
   of 9 June 2005
   in Case T-265/03 Helm Düngemittel GmbH v Commission of the European Communities (1)
   
   (Food aid - Partial seizure of delivery guarantee - Request for repayment of the sum seized - Arbitration clause - Action for annulment - Inadmissibility)
   (2005/C 229/37)
   Language of the case: German
   In Case T-265/03: Helm Düngemittel GmbH, established in Hamburg (Germany), represented by W. Waschmann, lawyer, against the Commission of the European Communities (Agents: G. Berscheid and M. Niejahr, with an address for service in Luxembourg) — action seeking annulment of the decision allegedly contained in a letter from the Commission of 23 May 2003 concerning the seizure of part of the delivery guarantee provided by the applicant on grounds of delay in the delivery of fertilizer supplied as part of a food aid action for the benefit of North Korea carried out pursuant to Commission Regulation (EC) No 2519/97 of 16 December 1997 laying down general rules for the mobilisation of products to be supplied under Council Regulation (EC) No 1292/96 as Community food aid (OJ 1997 L 346, p. 23) — the Court of First Instance (Third Chamber), composed of M. Jaeger, President, J. Azizi and E. Cremona, Judges; H. Jung, Registrar, made an order on 9 June 2005, the operative part of which is as follows:
   
               1.
            
            
               The application is dismissed as inadmissible.
            
         
               2.
            
            
               The applicant shall bear the costs.
            
         
      (1)  OJ C 239 of 4.10.2003.