Judgment of the Court of First Instance (Fourth Chamber) of 9 July 2009 – Ristic and Others v Commission

(Case T-238/07)

Animal health – Protective measures – Decision 2007/362/EC – Action for annulment – No need to adjudicate – Action for damages – Principle of proportionality – Principle of protection of legitimate expectations – Duty of care – Right to property and right to carry on economic activity

1.                     Actions for annulment – Interest in bringing proceedings (Art. 230 EC) (see paras 37-39)

2.                     Procedure – Application initiating proceedings – Formal requirements (Statute of the Court of Justice, Art. 21; Rules of Procedure of the Court of First Instance, Art. 44(1)(c)) (see paras 51-52)

3.                     Non-contractual liability – Conditions (Art. 288, second para., EC) (see paras 55-56)

4.                     Agriculture – Approximation of laws on animal health – Control measures to be implemented in relation to certain substances and their residues in live animals and their products – Directive 96/23 (Council Directive 96/23; Commission Decision 2007/362) (see paras 58-60, 66-68, 74, 76-82)

5.                     Agriculture – Approximation of laws on animal health – Control measures to be implemented in relation to certain substances and their residues in live animals and their products – Directive 96/23 (Council Directive 96/23; Commission Decision 2007/362) (see paras 85-91)

6.                     Non-contractual liability – Conditions (Art. 288, second para., EC) (see paras 92-93)

Re:

The Court:

1.         Declares that there is no need to adjudicate on the application for annulment;

2.         Dismisses the action as to the remainder;

3.         Orders Ristic AG, Piratic Meeresfrüchte Import GmbH, Prime Catch Seafood GmbH and Rainbow Export Processing, SA to pay the costs, including those of the interlocutory proceedings.