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28.9.

2002 EN Official Journal of the European Communities C 233/37

In the alternative, the applicant alleges breach of the principles an appropriate and equitable rate in the view of the Court
of equality, proportionality and the protection of legitimate and order the defendant to pay the costs.
expectations.

Pleas in law and main arguments

The purpose of these proceedings is to obtain a declaration


Action brought on 20 August 2002 by Autosalone Ispra that the EAEC is liable in delict or tort in its own right and/or
snc against Commission of the European Communities jointly and/or severally with other bodies which may be found
liable for the events which took place in Ispra on 3 May 2002
(Case T-250/02) and the damage suffered as a result. The applicant recalls that
on that date it rained extremely heavily in the municipality of
Ispra. The premises of the applicant was unexpectedly flooded
(2002/C 233/64)
following the overflowing of the sewer belonging to the Joint
Research Centre of the EAEC-Euratom.
(Language of the case: Italian)

The applicant points to the danger posed by that sewer and to


An action against the Commission of the European Communi- its obvious insufficient capacity to carry off water. The
ties was brought before the Court of First Instance of the proprietors moreover negligently, recklessly and incom-
European Communities on 20 August 2002 by Autosalone petently failed over the years to provide maintenance intended
Ispra snc, represented by Barbara Casu, lawyer. to prevent a recurrence and thus undermined also the safety
of the adjacent population.
The applicant claims that the Court should:
On the basis of those considerations the applicant takes the
— order the EAEC-Euratom to compensate Autosalone Ispra view that the Community has incurred non-contractual liability
snc for the all the damage suffered and to be suffered at under Article 188(2) of the EAEC Treaty.