Judgment_paragraph 52 · Chiquita Brands International, Inc., Chiquita Banana Co. BV and Chiquita Italia, SpA v Commission of the European Communities (T-19/01)

52It argues that the application does not satisfy the requirements of the Rules of Procedure whereby an application seeking compensation for damage caused by a Community institution must state the evidence from which the conduct alleged against the institution by the applicant may be identified, the reasons why the applicant considers there is a causal link between the conduct and the damage which he claims to have suffered, and the nature and extent of that damage (Case T-64/89 Automec v Commission [1990] ECR II-367, paragraph 73). That irregularity is all the more serious, it maintains, since the applicant is seeking compensation for loss of earnings, a heading of damage which, by its nature, is subject to a particularly strict standard of proof (Joined Cases 5/66, 7/66 and 13/66 to 24/66 Kampffmeyer and Others v Commission [1967] ECR 245; Case 74/74 CNTA v Commission [1975] ECR 533). The applicant is claiming an extremely large sum while providing by way of justification only a few laconic explanations. The EUR 543.6 million loss of earnings claimed is based on the difference between the applicant's actual sales and those which it could have made in the absence of Regulation No 2362/98.