CELEX: C2001/317/69
Language: en
Date: 2001-11-10 00:00:00
Title: Case T-220/01: Action brought on 24 September 2001 by Calberson G.E. against the Commission of the European Communities

10.11.2001             EN                      Official Journal of the European Communities                                      C 317/35
Pleas in law and principal arguments                                      lenging the decision. The applicant also disputes the stipulation
                                                                          in the decision that other information and supporting docu-
                                                                          ments were necessary. According to the applicant it had
The applicant is a non-governmental organisation whose                    submitted all the necessary documents and, if the Commission
objects are to fight racism and to protect the interests of               required other material, it should have requested it from the
immigrants in the European Union. To that end the applicant               applicant.
received subsidies from the Commission for the year 2000, in
accordance with the agreement entered into by the two parties.
In the challenged decision the Council terminated that financial
aid because of financial irregularities established against the
applicant.
In support of its action the applicant relies on:                         Action brought on 24 September 2001 by Calberson G.E.
                                                                            against the Commission of the European Communities
—     failure to observe the general conditions of the grant
      agreement of 24 May 2000;                                                                    (Case T-220/01)
—     failure to respect the rights of the defence in an adminis-
                                                                                                   (2001/C 317/69)
      trative case. According to the applicant the disputed
      decision was made without the applicant being heard and
      was not based on proper reasons;                                                        (Language of the case: French)
—     breach of the principle of legitimate expectations.                 An action against the Commission of the European Communi-
                                                                          ties was brought before the Court of First Instance of the
                                                                          European Communities on 24 September 2001 by Calberson
                                                                          G.E., a company established in Paris, represented by Thierry
                                                                          Gallois, lawyer.
Action brought on 21 September 2001 by Laboratoire                        The applicant claims that the Court should:
Monique Remy against the Commission of the European
                           Communities                                    —     order the Commission to pay to the applicant compen-
                                                                                sation equal to the amounts of the following invoices:
                          (Case T-218/01)
                                                                                —     BRU 0135 963 for DEM 82 991,96 — additional
                                                                                      loading charges;
                          (2001/C 317/68)
                                                                                —     BRU 0135 098 for DEM 900 corresponding to fines
                    (Language of the case: French)                                    paid to the Polish authorities;
An action against the Commission of the European Communi-                       —     BRU 0135 099 for DEM 6 960 corresponding to
ties was brought before the Court of First Instance of the                            fines paid to the Polish authorities;
European Communities on 21 September 2001 by Laboratoire
Monique Remy, established at Grasse (France), represented by                    —     BRU 0135 964 for DEM 16 050 — the cost of
Jean-Félix Pupel, lawyer.                                                             plastic sheeting charged by the store manager;
                                                                          —     order that interest at the legal rate be added to the
The applicant challenges Commission Decision C(2001)1380                        compensation from the 8th day after each unpaid invoice;
of 2 July 2001 withdrawing the financial assistance granted
to the applicant by Commission Decision C(93)3185 of                      —     order that all the costs be paid by the Commission.
10 November 1993 concerning the grant of aid from the
EAGGF Guidance Section pursuant to Council Regulation
(EEC) No 4256/88 in the context of Project No 93.FR.06.027
entitled: ‘Pilot project to demonstrate exploitation of the Iris, a       Pleas in law and principal arguments
Mediterranean plant, for the luxury perfume industry and food
flavourings (France, Spain, Greece)’.                                     This case concerns the execution of Lots 5 and 7 of Regulation
                                                                          No 1799/1999 on the transport of beef from the intervention
                                                                          stock in Germany to Russia. Under the terms of that regulation,
Pleas in law and principal arguments                                      the applicant was to provide, at the departure points, services
                                                                          comprising handling and loading the means of transport. The
                                                                          applicant invoiced the intervention agency for those services
The applicant claims that the decision does not observe the               in compliance with the quotation which had been given to the
code of sound administrative conduct because it does not                  applicant by the intervention agency, which had itself received
contain any information concerning the possibilities of chal-             the quotation from the company managing the store.
 ---pagebreak--- C 317/36               EN                     Official Journal of the European Communities                                    10.11.2001
According to the applicant, the company managing the store               23 September 1999, the contract in respect of Lot No 5 for
did not properly carry out its loading obligations, and as the           the transport of 6 500 tonnes of skimmed-milk powder from
Polish police found overloading, they levied fines on the                Ireland to Russia.
applicant. Also, the managing company required prior pay-
ment of the additional charges for those loading operations.             According to the applicant the intervention agency, the
                                                                         Department of Agriculture, Food and Rural Development
In support of its claims, the applicant relies on the contractual        (D.A.F.) sent it the goods with substantial delay, which forced
and non-contractual liability of the Commission.                         it to pay demurrage to the owner of the ship which it had
                                                                         chartered.
The applicant relies on the same arguments as in Case                    In support of its claims seeking compensation for the losses
T-215/01, taking account of the fact that in the present case            suffered, the applicant pleads contractual liability and, alterna-
the additional charges were caused by the actions of the                 tively, non-contractual liability of the Commission by putting
warehouse of the intervention agency, which required prior               forward pleas and arguments similar to those presented in
payment of an additional sum for releasing and loading the               Case T-215/01.
goods and carried out the relevant operations badly, exposing
the applicant to the fines.
                                                                         (1) Commission Regulation (CE) No 1815/1999 of 18 August 1999
                                                                             on the supply of skimmed-milk powder to Russia (OJ 1999 L 220,
                                                                             p. 13).
Action brought on 24 September 2001 by Calberson G.E.
  against the Commission of the European Communities                             Removal from the Register of Case T-42/00 (1)
                         (Case T-221/01)                                                          (2001/C 317/71)
                         (2001/C 317/70)                                                    (Language of the case: German)
                   (Language of the case: French)                        By order of 5 June 2001, the President of the Second Chamber
                                                                         of the Court of First Instance of the European Communities
                                                                         has ordered the removal from the Register of Case
An action against the Commission of the European Communi-                T-42/00, City-Broker Deutschland GmbH v the Office for
ties was brought before the Court of First Instance of the               Harmonisation in the Internal Market (Trade Marks and
European Communities on 24 September 2001 by Calberson                   Designs).
G.E., a company established in Paris, represented by Thierry
Gallois, lawyer.
                                                                         (1) OJ C 135 of 13.5.00.
The applicant claims that the Court should:
—     order the Commission to pay to the applicant compen-
      sation equal to the totals of invoices BRU 114 4316
      (USD 25 761,11) and BRU 413 1828 (23 115,49 Euros);                       Removal from the Register of Case T-359/00 (1)
—     order interest at the legal rate to be added to the                                         (2001/C 317/72)
      compensation from the 8th day following each unpaid
      invoice;                                                                              (Language of the case: Spanish)
—     order that all the costs be paid by the Commission.                By order of 21 June 2001, the President of the Fourth Chamber
                                                                         of the Court of First Instance of the European Communities
                                                                         has ordered the removal from the Register of Case T-359/00,
                                                                         Organización de Productores Asociados de Grandes Atuneros
Pleas in law and principal arguments                                     Congeladores (OPAGAC) y Empresarios Asociados v Com-
                                                                         mission of the European Communities.
The applicant states that, in the context of Regulation
No 1815/1999 (1), the Commission awarded it, by decision of              (1) OJ C 45 of 10.2.01.