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Order of the Court of First Instance (Third Chamber) of 18 July 1997. # Nutria AE v Commission of the European Communities. # Tendering procedure for the free supply of olive oil to the people of Georgia and Armenia - Damage alleged by the successful tenderer as a result of a delay in the collection of the olive oil by the carrier designated by the Commission - Action to establish non-contractual liability - Contractual origin of the Commission's obligation on which the action is based - Absence of any arbitration clause within the meaning of Article 181 of the EC Treaty - Clear lack of jurisdiction on the part of the Court of First Instance. # Case T-180/95.
ECLI:EU:T:1997:121
61995TO0180
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61995B0180
European Court reports 1997 Page II-01317
Keywords
Procedure - Action for damages - Failure by the Commission to perform its obligations towards successful tenderers for the supply of products as food aid - Contractual basis - Arbitration clause - None - No jurisdiction on the part of the Community judicature (EC Treaty, Arts 178, 181 and 183)
Summary
In the context of a dispute between the Commission and the successful tenderer for a supply of food aid to non-member countries, a claim for damages against the Commission, on the ground that it failed in its duty to ensure that the goods were collected by the carrier designated by it within the time-limit laid down in the Community legislation and agreed upon between the successful tenderer and the Commission, is brought on the basis of a contract. Supplies of food aid are made on the basis of contracts entered into between the Commission and the successful tenderers, so that any liability which the Community could incur as a result of the organization of the supplies in question is also of a contractual nature.
Consequently, in the absence of an arbitration clause within the meaning of Article 181 of the Treaty, the Court of First Instance clearly lacks jurisdiction to rule on what is in fact an action for compensation arising out of a contract, when an action for damages based on Article 178 of the Treaty is brought before it. Otherwise, it would be extending its jurisdiction beyond the limits placed by Article 183 of the Treaty on the disputes of which it may take cognizance, since that article specifically gives the national courts ordinary jurisdiction over disputes to which the Community is a party.