Commission v Fresh Marine Company (Commercial policy) [2003] EUECJ C-472/00P (10 July 2003)

Commission v Fresh Marine Company (Commercial policy) [2003] EUECJ C-472/00P (10 July 2003)

The Commission committed a sufficiently serious breach of Community law by imposing provisional duties based on an amended report without consulting Fresh Marine, in circumstances where its discretion was limited and the report suggested compliance. However, Fresh Marine contributed to its loss by failing to provide necessary explanations in its report, justifying apportionment of responsibility for part of the damages.

Citation
[2003] EUECJ C-472/00P
Parties
Appellant/respondent: Commission of the European Communities; Respondent/applicant: Fresh Marine Company A/S
Jurisdiction
European Union
Judgment Date
10 July 2003
Procedural Posture
Appeal / Judgment on Appeal From Court of First Instance to Court of Justice
Outcome
Main appeal and cross-appeal dismissed.
Legal Topics
Non Contractual Liability of the Community, Anti Dumping and Countervailing Duties, Damages for Maladministration, Duty to Mitigate Loss, Rights of Defence in Administrative Procedures
European Union Law Administrative Law International Trade Law Non Contractual Liability of the Community Anti Dumping and Countervailing Duties Damages for Maladministration Duty to Mitigate Loss Rights of Defence in Administrative Procedures

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Parties

Commission of the European Communities

Appellant/respondent

Fresh Marine Company A/S

Respondent/applicant

Procedural Posture

Appeal / Judgment on Appeal From Court of First Instance to Court of Justice

Legal Issues

  1. 1 Whether the Commission's conduct in amending Fresh Marine's report and imposing provisional duties constituted a sufficiently serious breach of Community law to incur non-contractual liability
  2. 2 Whether Fresh Marine contributed to its own loss by failing to provide adequate explanations in its report
  3. 3 Whether the Commission unjustifiably delayed in lifting provisional measures after being satisfied of compliance

Ratio Decidendi

The Commission committed a sufficiently serious breach of Community law by imposing provisional duties based on an amended report without consulting Fresh Marine, in circumstances where its discretion was limited and the report suggested compliance. However, Fresh Marine contributed to its loss by failing to provide necessary explanations in its report, justifying apportionment of responsibility for part of the damages.

Court Disposition

Main appeal and cross-appeal dismissed.

Orders

  • Commission of the European Communities to pay costs relating to the main appeal.
  • Fresh Marine Company A/S to pay costs relating to the cross-appeal.