ECJ (Judgment) 1. Pursuant to Regulation No 3972/86 on food-aid policy and food-aid management, such aid is supplied on the basis of contractual undertakings between the Commission and the successful tenderers. The relationship between successful tenderers and the Commission cannot be held to be governed entirely by regulatory provisions, particularly in view of the fact that the price of the supplies is a function of the tenderer’ s bid and its acceptance by the Commission. Since the regulations forming the basis for a tendering procedure provide for supplies to be effected pursuant to Regulation No 2200/87 laying down general rules for the mobilization in the Community of products to be supplied as Community food aid, a clause referred to in Article 23 of that regulation, whereby the Court is competent to judge any dispute resulting from the carrying out, or the failure to carry out, or from the interpretation of provisions concerning supply operations pursuant to the said regulation, forms an integral part of supply contracts and must therefore be regarded as an arbitration clause within the meaning of Article 181 of the Treaty.
2. Regulation No 2200/87 laying down general rules on the mobilization in the Community of products to be supplied as Community food aid does not allow the Commission to make deductions for late delivery from payment for the supply of food aid. The fact that, prior to the Court declaring such practice illegal, a tenderer did not object to the deductions made by the Commission may not serve as justification, in the absence of waiver or time-limitation, for a refusal to refund the deductions and pay interest as provided for in the said regulation.
Citations:
C-142/91, [1993] EUECJ C-142/91
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Statutes:
European
Updated: 01 June 2022; Ref: scu.160713