Judgment_paragraph 26 · Commission of the European Communities v Oder-Plan Architektur GmbH, NCC Deutsche Bau GmbH and Esbensen Consulting Engineers (C-77/99)

26The Commission's application is inadmissible to the extent to which it claims, for the period starting on 16 January 1999, interest at the rate applied by the European Monetary Cooperation Fund to its transactions in euro, plus two percentage points. Since the Fund no longer exists, the relevant interest rates have not been published since at least 1994. The Commission itself put forward that argument in Case C-172/97 OP SIVU v Commission [2001] ECR I-6699. It is therefore impossible to determine the amount of interest claimed by the Commission as from 16 January 1999. That part of the form of order sought by the Commission is, to that extent, indeterminate. A judgment of the Court granting that relief could not be enforced. The interest claimed could not be calculated. The application must therefore be dismissed as inadmissible to the extent to which it relates to interest reckoned from 16 January 1999.