Judgment of the Court of First Instance of 16 September 2009 — Pigasos Alieftiki Naftiki Etairia v Council and Commission

(Case T-162/07) (1)

(Non-contractual liability - Customs union - Proof of the Community nature of products of sea-fishing - Submission of certain documents as proof not possible - Sufficiently serious breach of a rule of law conferring rights on individuals - Liability of the Community in the absence of unlawful conduct by its bodies)

2009/C 267/98

Language of the case: Greek

Parties

Applicant: Pigasos Alieftiki Naftiki Etairia (Moschato, Greece) (represented by: N. Skandamis and E. Perakis, lawyers)

Defendants: Council of the European Union (represented initially by F. Florindo Gijón and M.-M. Joséphidès, and subsequently by F. Florido Gijón and M. Balta, Agents); and Commission of the European Communities (represented initially by E. Cujo, S. Schønberg and M. Konstantinidis, and subsequently by S. Schønberg and M. Patakia, Agents)

Re:

Action for damages to compensate for the damage alleged to have been suffered by the applicant as a result of the fact that the Council and the Commission did not adopt provisions enabling the customs authorities of a Member State to accept as proof of the Community nature of products of sea-fishing documents other than the T2M form provided for in Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (OJ 1993 L 253, p. 1).

Operative part of the judgment

The Court:

(1)  OJ C 155, 7.7.2007.