Source: All England Reporter
Publisher Citation: [2002] All ER (D) 106 (Oct)
Court: Court of First Instance of the European Communities (Second Chamber)
Judge:

Judges Moura Ramos (President), Pirrung and Meij

Judgment Dates: 9 October 2002

Catchwords

European Community - Community institutions - Public procurement - Supply of agricultural products to Russian Federation as part of food-aid programme - Requirement that successful tenderer for the manufacture of pigmeat provide certificates together with product delivered - Whether relationship between Commission and tenderer contractual - Whether tenderer required to provide certificates for each shipment - Council Regulation (EC) 2808/98 - Council Regulation (EC) 111/1999 - Commission Regulation (EC) 1135/1999.

The Case

The relationship between the Commission and a successful tenderer for the manufacture of pigmeat for supply to the Russian Federation in an operation under Commission Regulation (EC) 1135-1999 was contractual in nature. Where the tenderer delivered the product to the undertaking responsible for its delivery to Russia, it was not required to submit, and bear the cost of, the relevant documentation for each individual delivery.

Practice Areas

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