Judgment_paragraph 1. · 68/77

1.The applicant contends in its application that the latter is admissible under Article 178 and the second paragraph of Article 215 of the Treaty and also in so far as the applicant claims that the Commission did not ensure that the competent German authority applied the principles of force majeure. The action was not one to be brought against the Federal Republic of Germany. The complaint is concerned with the question whether the Einfuhr- und Vorratsstelle was, in the circumstances of the case, competent to apply Article 20 of Regulation (EEC) No 193/75. This question was answered in the negative not only by the German authority but in particular by the Commission, which is itself competent to decide whether a case of force majeure exists. The action for damages must therefore be brought exclusively against the Commission. Thus the loss was due to the Community's failure to act: see the judgments of the Court of 26 November 1975 in Case 99/74, Grands Moulins v Commission [1975] ECR 1531, of 21 May 1976 in Case 26/74, Roquette v Commission [1976] ECR 677 and of 27 January 1976 in Case 46/75, IBC v Commission [1976] ECR 65.

IFG - Interkontinentale Fleischhandelsgesellschaft mbH & Co. KG v Commission of the European Communities (68/77)

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