Judgment of the Court of First Instance (Eighth Chamber) of 26 November 2008 – Agraz and Others v Commission

(Case T-285/03)

Non-contractual liability – Agriculture – Common organisation of the markets in processed fruit and vegetable products – Production aid for processed tomato products – Method of calculating the amount – 2000/01 marketing year – Determination of the loss

1.                     Non-contractual liability – Conditions – Actual and certain damage – Burden of proof (Art. 288 EC) (see para. 49)

2.                     Non-contractual liability – Damage – Compensation – Account taken of inflation – Compensatory interest – Rules for calculation (Art. 288 EC) (see paras 50-51)

Re:

ACTION for damages for the loss allegedly suffered by the applicants as the result of the method used to calculate the amount of production aid under Commission Regulation (EC) No 1519/2000 of 12 July 2000 setting for the 2000/01 marketing year the minimum price and the amount of production aid for processed tomato products (OJ 2000 L 174, p. 29).

Operative part

The Court:

1. Orders the Commission to pay to Agraz SA and the 86 other companies listed in Annexes I and II damages equivalent to an increase of 15.54% in the amount of production aid which they received for the 2000/01 marketing year, as set by Annex II to Regulation No 1519/2000;

2. Orders those damages to be reassessed using compensatory interest as from the time of actual payment of the aid to each applicant up to the date of delivery of the present judgment, at the rate fixed by the ECB for principal refinancing operations, plus two points, in respect of the applicants listed in Annex I, and at the rate of annual inflation determined for the period in question by Eurostat in the Member State where they are established, in respect of the applicants listed in Annex II;

3. Orders that the damages, as reassessed, be accompanied by default interest, as from the date of delivery of the present judgment until complete payment, at the rate set by the ECB for principal refinancing operations, plus two points;

4. Orders Agraz and the 86 other companies listed in Annexes I and II to bear two fifths of their own costs, before the Court of First Instance and the Court of Justice;

5. Orders the Commission to bear it own costs and pay three fifths of the costs incurred by Agraz and the 86 other companies listed in Annexes I and II, before the Court of First Instance and the Court of Justice.