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You are here: BAILII >> Databases >> Court of Justice of the European Communities (including Court of First Instance Decisions) >> Glencore Grain v Commission (External relations) [2000] EUECJ T-509/93 (08 November 2000) URL: https://www.bailii.org/eu/cases/EUECJ/2000/T50993.html Cite as: [2000] EUECJ T-509/93 |
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JUDGMENT OF THE COURT OF FIRST INSTANCE (Second Chamber)
8 November 2000 (1)
(Emergency aid provided by the Community to the States of the former Soviet Union - Invitation to tender - Action for annulment)
In Case T-509/93,
Glencore Grain Ltd, formerly trading as Richco Commodities Ltd, established in Hamilton (Bermuda), represented by M. Slotboom, P.V.F. Bos and J.G.A. van Zuuren, of the Rotterdam Bar, with an address for service in Luxembourg at the Chambers of M. Loesch, 11 Rue Goethe,
applicant,
v
Commission of the European Communities , represented initially by B.J. Drijber and N. Khan, of its Legal Service, and, subsequently, by M.-J. Jonczy, Legal Adviser, and H. van Vliet, of its Legal Service, acting as Agents, with an address for service in Luxembourg at the Chambers of C. Gómez de la Cruz, of its Legal Service, Wagner Centre, Kirchberg,
defendant,
APPLICATION for annulment of the Commission's decision of 12 July 1993 addressed to the State Export-Import Bank of Ukraine, refusing to approve the contract entered into between the applicant and Ukrimpex,
THE COURT OF FIRST INSTANCE
OF THE EUROPEAN COMMUNITIES (Second Chamber),
composed of: J. Pirrung, President, A. Potocki and A.W.H. Meij, Judges,
Registrar: J. Palacio González, Administrator,
having regard to the written procedure and further to the hearing on 23 February 2000,
gives the following
Legal background
'Imports of products financed by the loan shall be effected at world market prices. Free competition shall be guaranteed for the purchase and supply of products, which shall meet internationally recognised standards of quality.
'2. The contract offers the most favourable terms of purchase in relation to the price normally obtained on the international markets.
Facts
Procedure
Forms of order sought
- annul the Commission's decision of 12 July 1993;
- order the defendant to pay the costs.
- dismiss the application as inadmissible or, alternatively, as unfounded;
- order the applicant to pay the costs.
Admissibility
Arguments of the parties
Findings of the Court
Substance
The plea alleging non-fulfilment of the obligation to provide a statement of reasons
Arguments of the applicant
Findings of the Court
Infringement of Decision 91/658 and Regulation No 1897/92
Arguments of the applicant
Findings of the Court
Costs
58. Under Article 87(3) of the Rules of Procedure, where each party succeeds on some and fails on other heads, the Court may order that the costs be shared or that each party bear its own costs. In the circumstances of the present case, the Commission must be ordered to pay all the costs incurred up to delivery of the judgment of the Court of Justice of 5 May 1998. The applicant must pay all the costs incurred following delivery of that judgment.
On those grounds,
THE COURT OF FIRST INSTANCE (Second Chamber)
hereby:
1. Dismisses the action;
2. Orders the Commission to pay the costs incurred up until delivery of the judgment of the Court of Justice of 5 May 1998 and orders the applicant to pay the costs incurred following delivery of that judgment.
Pirrung
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Delivered in open court in Luxembourg on 8 November 2000.
H. Jung J. Pirrung
Registrar President
1: Language of the case: Dutch.