Judgment of the General Court of 16 May 2013 - Gap granen & producten v Commission
(Case T-437/10)
(Non-contractual liability - Import of high-quality durum wheat - Import duties - Regulation (EC) No 919/2009 - Regulation (EC) No 1249/96 - Sufficiently serious breach of a rule of law conferring rights on individuals - Material loss - Causal link)
Language of the case: Dutch
Parties
Applicant: Gap granen & producten (Zoersel, Belgium) (represented by: C. Ronse, A. Hansebout, K. Claeyé and J, Muyldermans, lawyers)
Defendant: European Commission (represented by: D. Triantafyllou and B. Burggraaf, Agents)
Re:
Action for compensation under Article 340 TFEU for compensation in respect of the harm allegedly suffered by the applicant as a result of the fixing of import duties on high-quality durum wheat by Commission Regulation (EC) No 919/2009 of 1 October 2009 amending Regulation (EC) No 915/2009 fixing the import duties in the cereals sector applicable from 1 October 2009 (OJ 2009 L 259, p. 5).
Operative part of the judgment
The Court:
The European Commission is ordered to compensate Gap SA granen & producten NV for the loss suffered by it as a result of the application of Commission Regulation (EC) No 919/2009 of 1 October 2009 amending Regulation (EC) No 915/2009 fixing the import duties in the cereals sector applicable from 1 October 2009, in so far as that regulation did not take account of the fob quotation or use a calculation method which was representative of actual freight costs for the fixing of import duties for high-quality durum wheat.
Gap granen & producten and the Commission are ordered to provide the General Court with the amounts to be paid, established by common agreement, within six months of the date of judgment ;
If the parties fail to reach an agreement, Gap granen & producten and the Commission are to provide the General Court with their forms of order sought, including figures, within the same period;
Costs are reserved.
____________1 - OJ C 317, 20.11.2010.