Case T-154/01

Distilleria F. Palma SpA

v

Commission of the European Communities

(Regulation (EEC) No 822/87 – Common organisation of the market in wine – Regulation (EEC) No 1780/89 – Regulation (EEC) No 2710/93 – Regulation (EC) No 416/96 – Disposal of alcohol obtained by distillation – Regulation (EEC) No 3390/90 – Sale by tender for use as motor fuel – Refusal by the Commission to amend a number of conditions for the tender – Force majeure – Non-contractual liability of the Community – Admissibility)

Summary of the Judgment

1.      Procedure – Claim for compensation – Application concerning a claim for contractual damages – Arbitration clause – Absence – Lack of jurisdiction of the Community courts

(Arts 235 EC, 238 EC and 240 EC)

2.      Procedure – Application initiating proceedings – Formal requirements – Identification of the subject-matter of the dispute – Summary of the pleas in law on which it is based – Application seeking compensation for damage caused by a Community institution

(Statute of the Court of Justice, Art. 21; Rules of Procedure of the Court of First Instance, Art. 44(1)( c))

1.      In the absence of an arbitration clause within the meaning of Article 238 EC, the Court of First Instance lacks jurisdiction, when a claim for compensation is brought before it on the basis of Article 235 EC, to adjudicate on this action inasmuch as it constitutes in reality a claim for contractual damages. To do so would be to extend its jurisdiction beyond the limits placed by Article 240 EC on the disputes of which it may take cognisance, since on the contrary that article specifically gives national courts jurisdiction over disputes to which the Community is a party.

(see para. 50)

2.      Pursuant to the first paragraph of Article 21 of the Statute of the Court of Justice and Article 44(1)(c) of the Rules of Procedure of the Court of First Instance, all applications must state, inter alia, the subject-matter of the dispute and must contain a brief statement of the pleas in law on which the application is based. This information must be sufficiently clear and precise to enable the defendant to prepare its defence and the Court to rule on the action, if necessary without any other supporting information. In order for an action to be admissible, it is necessary for the basic legal and factual particulars relied on to be indicated, at least in summary form, coherently and intelligibly in the text of the application itself.

In order to satisfy those requirements, an application seeking compensation for damage caused by a Community institution must state the evidence from which the conduct alleged against the institution can be identified, the reasons for which the applicant considers that there is a causal link between the conduct, the damage it claims to have suffered, and the nature and extent of that damage.

(see paras 56, 58-59)