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Document 62004TJ0457

    Judgment of the Court of First Instance (Seventh Chamber) of 15 October 2008.
    Camar Srl v Commission of the European Communities.
    Common organisation of the markets - Bananas - Transitional measures - Article 30 of Council Regulation (EEC) No 404/93 - Judgment finding that the Commission had failed to act - Failure to give effect to a judgment of the Court - Action for annulment - Application for an order that effect be given to the judgment by way of financial equivalent - Compensation for non-material damage - Unlawful failure to act on the part of the Commission - Action for damages - Suspension of the limitation period - Article 46 of the Statute of the Court of Justice - Inadmissibility.
    Joined cases T-457/04 and T-223/05.

    European Court Reports 2008 II-00215*

    ECLI identifier: ECLI:EU:T:2008:439

    Date of document:
    15/10/2008
    Date lodged:
    22/11/2004
    Author:
    General Court
    Country or organisation from which the request originates:
    Italy
    Form:
    Judgment
    Authentic language:
    Italian
    Type of procedure:
    Action for annulment - inadmissible, Action for annulment - successful, Action for damages - unfounded, Action for annulment - unfounded
    Applicant:
    Individual
    Defendant:
    EU institutions and bodies, European Commission
    Judge-Rapporteur:
    Moavero Milanesi
    Treaty:
    Treaty establishing the European Economic Community
    Link
    Select all documents mentioning this document
    Instruments cited in case law:





    Judgment of the Court of First Instance (Seventh Chamber) of 15 October 2008 – Camar v Commission

    (Joined Cases T-457/04 and T-223/05)

    Common organisation of the markets – Bananas – Transitional measures – Article 30 of Council Regulation (EEC) No 404/93 – Judgment finding that the Commission had failed to act – Failure to give effect to a judgment of the Court – Action for annulment – Application for an order that effect be given to the judgment by way of financial equivalent – Compensation for non-material damage – Unlawful failure to act on the part of the Commission – Action for damages – Suspension of the limitation period – Article 46 of the Statute of the Court of Justice – Inadmissibility

    1.                     Actions for annulment – Judgment annulling a measure – Effects – Obligation to implement (Arts 230 EC, 232 EC, 233 EC and 288, para. 2, EC) (see paras 39-41, 49-50)

    2.                     Non-contractual liability – Conditions – Unlawfulness – Damage – Causal link – Failure to fulfil the obligation to implement an annulling judgment (Art. 288, para. 2, EC) (see paras 57-58, 60-62)

    3.                     Actions for damages – Time-limit for instituting proceedings – Limitation period of five years (Art. 288, para. 2, EC; Statute of the Court of Justice, Art. 46) (see paras 75, 77, 79-80)

    Re:

    In Case T‑457/04, application, first, for annulment of the Commission's decision not to give effect to paragraph 1 of the operative part of the judgment of the Court of 8 June 2000, Camar and Tico v Commission and Council (Joined Cases T‑79/96, T‑260/97 and T‑117/98 [2000] ECR II‑2193), contained in the letter of 10 September 2004, secondly, for an order that the Commission give effect to paragraph 1 of the operative part of the abovementioned judgment in Camar and Tico v Commission and Council by the financial equivalent of the value of the certificates that it has not issued and, thirdly, for an order that the Commission pay compensation for non-material loss, and in Case T‑223/05, application for an order that the Commission pay compensation, on the basis of the non-contractual liability of the European Community, for the loss which the applicant has suffered.

    Operative part

    The Court:

    1.

    Annuls the decision of the Commission contained in the letter of 10 September 2004 from the Director General of the Directorate General ‘Agriculture’ refusing to give effect to paragraph 1 of the operative part of the judgment of the Court of 8 June 2000, Camar and Tico v Commission and Council (Joined Cases T‑79/96, T‑260/97 and T‑117/98 [2000] ECR II‑2193);

    2.

    For the rest, dismisses the action in Case T‑457/04 as unfounded;

    3.

    Dismisses the action in Case T‑223/05 as inadmissible;

    4.

    In Case T‑457/04, orders Camar Srl and the Commission each to bear half of their own costs and to pay half of the costs of the other party;

    5.

    In Case T‑223/05, orders Camar Srl to bear its own costs and to pay the Commission's costs.

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